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2019 1219 Council Agenda PacketMoses Lake City Council Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member Daryl Jackson, Council Member | Ryann Leonard, Council Member| Dean Hankins, Council Member Moses Lake Civic Center – 401 S. Balsam Special Meeting Agenda December 19, 2019, 7 PM Call to Order – 7 p.m. Roll Call Pledge of Allegiance Newly and Re-elected Council Oaths of Office Summary Reports: Mayor’s Report Additional Business City Manager’s Report 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. #1 pg 3 a.City Council Meeting Minutes dated December 10, 2019 b.Claims and Payroll c.Award Stratford Road Booster Pump Project d.Cityworks Software Contracts e.Water, Wastewater, and Stormwater Modeling Services Contract Old Business #2 pg 116 Municipal Airport Lease Revisions Presented by Kevin Fuhr, Interim City Manager Summary: Discussion Moses Lake Council Packet 12-19-19, Page 1 of 147 New Business #3 pg 126 Ladder Truck Contracts Motion Presented by Brett Bastian, Fire Chief Summary: Council to review and consider approval #4 pg 136 Comprehensive Plan Ordinance 2934 Motion Presented by Kris Robbins, Community Development Director Summary: Council to review and consider adoption #5 pg 146 Parks Donation Resolution 3788 Motion Presented by Spencer Grigg, Parks & Recreation Director Summary: Council to discuss and consider adoption Administrative Reports Council Communications and Reports Adjournment Moses Lake Council Packet 12-19-19, Page 2 of 147 MOSES LAKE CITY COUNCIL December 10, 2019 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake, Washington. ROLL CALL Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard, Riggs, and Hankins. PLEDGE OF ALLEGIANCE Troop 75, under the direction of Sid Gardener, led the Council in the Pledge of Allegiance. SUMMARY REPORTS MAYOR’S REPORT Fire Impact Fee Committee Appointments Mayor Liebrecht requested confirmation of appointments to this committee being herself, Fire Chief Brett Bastian, Geneva Financial Barry Sterner, Coldwell Banker Mark Fancher, Grant County EDC Brant Mayo, Hayden Homes Brian Thoreson, and Allstate Insurance Debra Graser. Action taken: Council Member Jackson moved to confirm the appointments, second by Deputy Mayor Curnel. The motion carried 7 – 0. Park & Recreation Advisory Board Appointments Mayor Liebrecht recommended reappointments of a four year term for Chuck Perry, Greg Nevarez, and Warren Tracey. Action taken: Council Member Riggs moved to confirm the appointments, second by Deputy Council Member Leonard. The motion carried 7 – 0. Lodging Tax Advisory Committee Appointments The position held by Council will be appointed by the next Mayor in January as well as one appointment to be solicited in 2020. One year reappointments were recommended for Tim Molitor, BJ Garbe, and Richard Hanover. Action taken: Council Member Jackson moved to confirm the appointments, second by Deputy Mayor Curnel. The motion carried 7 – 0. Grant County Health District Appointment Mayor Liebrecht received a letter from the Grant County Health District requesting an appointment prior to the end of the year for Council representation on their board. She recommends the reappointment of Deputy Mayor Curnel for this two year term. Action taken: Council Member Hankins moved to confirm the appointment, second by Council Member Leonard. The motion carried 7 – 0. Grant County Conservation District Interlocal Agreement Mayor Liebrecht and Interim City Manager Kevin Fuhr attended the Grant County Moses Lake Council Packet 12-19-19, Page 3 of 147 Conservation District’s meeting earlier today. They have requested a three to five year commitment of funding from the City in the proposed Interlocal Agreement for $46k per year. The agreement would also provide for termination immediately following an affirmative vote of residents at the next general election to annex into the District. If the annexation failed, the Council could consider continuing an ILA beyond the three years if the results of the expense are favorable. Action taken: Council Member Hankins moved to execute an ILA for a period not to exceed three years, second by Council Member Myers. The motion carried 6 – 1, Mayor Liebrecht opposed stating she would have approved for a five year period. CITY MANAGER’S REPORT Police Remodel Cost Estimate A draft remodeling plan and estimated costs were provided electronically on the shared Council drive prior to the meeting. PRESENTATION Grant County PUD General Manager Kevin Nordt provided a PowerPoint presentation called The Past is Prologue: Our vision for a new decade and provided information related to the growing demands of power. CONSENT AGENDA #1 a. City Council meeting minutes dated November 26, 2019 b. Claim Checks 146061 through 146219 in the amount of $2,230,730.47; Payroll checks 63236 through 63251 in the amount of $10,148.76; and Electronic Payments dated November 29 in the amount of $380,794.85 c. Gosi Artisan Wood Fire Request for Concessions d. Accept 2019 Well 28 Repairs e. Extend Cenex Fuel Contract Action taken: Deputy Mayor Curnel moved to approve the Consent Agenda as is, second by Council Member Riggs. The motion carried 7 – 0. OLD BUSINESS #2 2019 Budget Adjustment Ordinance 2943 First presentation of the ordinance occurred on November 26. The ordinance reflects changes in six funds for $784k in additional expenses and $184k in additional revenue. Action taken: Council Member Riggs moved to adopt Ordinance 2943, second by Deputy Mayor Curnel. The motion carried 7 – 0. NEW BUSINESS #3 2020 Fee Schedule Resolution 3786 The schedule represents changes discussed during the 2020 Budget Workshop which include the annual CPI adjustment to utility fees, increases to Parks and Rec fees to recover minimum wage costs, and two new fees for Community Development. Moses Lake Council Packet 12-19-19, Page 4 of 147 Action taken: Council Member Leonard moved to adopt Resolution 3786, second by Council Member Jackson. The motion carried 7 – 0. #4 Accept Annexation Request and Set Public Hearing Notice of Intention to Commence Annexation Proceedings has been received from Don Shi with regard to Grant County Tax Parcel Number 171041000 in order to connect to municipal water sources. Action taken: Council Member Leonard moved to accept the notice and set a public hearing, second by Council Member Hankins. The motion carried 7 – 0. #5 Request to Build on Unplatted Underwood Resolution 3787 The resolution allows the requestor to construct a detached garage. Action taken: Council Member Leonard moved to adopt Resolution 3787, second by Council Member Riggs. The motion carried 7 – 0. COUNCIL COMMUNICATIONS AND REPORTS Council Member Riggs attended the AWC Elected Officials training in Kennewick last weekend with Council Elect David Eck. Council Member Jackson highlighted changes that have been made to the airport lease by himself, Richard Pearce, City Attorney Katherine Kenison, and Interim City Manager Kevin Fuhr. The document will be presented to Council for review prior to the next meeting. Deputy Mayor Curnel suggested moving the second meeting in January to the night prior to eliminate a conflict for Council attending the AWC Action Days in Olympia. Action taken: Council Member Jackson moved to have the second meeting in January on Monday, January 27, second by Council Member Hankins. The motion carried 7 – 0. EXECUTIVE SESSION Mayor Liebrecht called an Executive Session at 8:10 p.m. to be held for 15 minutes pursuant to RCW 42.30.110(1)(g) to discuss qualifications for a public employee and performance of an employee. The meeting was extended three times for a total time of 15 minutes. ADJOURNMENT The regular meeting was adjourned at 8:47 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 12-19-19, Page 5 of 147 To: Kevin Fuhr, Interim City Manager From: Cindy Jensen, Finance Director Council Meeting Date: December 19, 2019 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 146220 - 146309 $1,113,138.00 Payroll Checks 0063252- 0063264 $8,968.30 Electronic Payments Payroll ACH -12/13/2019 $396,249.30 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 12-19-19, Page 6 of 147 Moses Lake Council Packet 12-19-19, Page 7 of 147 Moses Lake Council Packet 12-19-19, Page 8 of 147 Moses Lake Council Packet 12-19-19, Page 9 of 147 Moses Lake Council Packet 12-19-19, Page 10 of 147 Moses Lake Council Packet 12-19-19, Page 11 of 147 Moses Lake Council Packet 12-19-19, Page 12 of 147 Moses Lake Council Packet 12-19-19, Page 13 of 147 Moses Lake Council Packet 12-19-19, Page 14 of 147 Moses Lake Council Packet 12-19-19, Page 15 of 147 Moses Lake Council Packet 12-19-19, Page 16 of 147 Moses Lake Council Packet 12-19-19, Page 17 of 147 Moses Lake Council Packet 12-19-19, Page 18 of 147 Moses Lake Council Packet 12-19-19, Page 19 of 147 CITY OF MOSES LAKE STAFF REPORT To: City Manager From: Fred Snoderly, Municipal Services Director Date: December 18, 2019 Proceeding Type: Consent Agenda Subject: Request To Award 2019 Stratford Road Booster Pump Project Legislative History: • First Presentation: • Second Presentation: • Requested Action: December 19, 2019 Motion Staff Report Summary On December 18th staff opened bids for the 2019 Stratford Road Booster Pump Project. The City received two (8) bids for the work. The low bid was $281,022.17 and the Engineer’s Estimate was $348,179.29. Background The 2019 budget includes money for completing these improvements. This project consists of installing a water booster pump station in the park area on near the Stratford Road fill bridge. This pumping stat will allow the water department to send water from the lower pressure zone in the downtown area to the Knolls Vista area in times when residential irrigation is heavy to reduce the strain on the wells in that area. The low bidder, Farmers Electric II Inc. of Othello, WA, has successfully worked with the City on past projects. Moses Lake Council Packet 12-19-19, Page 20 of 147 Fiscal and Policy Implications The project will require budgeted funds to be spent. Options Option Results • Award the 2019 Stratford Road Booster Pump Project to the lowest bidder Staff will move forward with executing a contract with the low bidder to complete the work. • Take no action Staff will stop working on this project and wait for further direction from City council. Staff Recommendation Staff recommends accepting the bid for the 2019 Stratford Road Booster Pump Project from Farmers Electric II, Inc. in the amount of $281,022.17. Attachments A. Bid Summary Legal Review N-A Moses Lake Council Packet 12-19-19, Page 21 of 147 Moses Lake Council Packet 12-19-19, Page 22 of 147 Moses Lake Council Packet 12-19-19, Page 23 of 147 Moses Lake Council Packet 12-19-19, Page 24 of 147 Moses Lake Council Packet 12-19-19, Page 25 of 147 Moses Lake Council Packet 12-19-19, Page 26 of 147 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: December 9, 2019 Proceeding Type: Consent Agenda Subject: Cityworks Enterprise License Agreement and Centricity Agreement for Professional Services Legislative History: • First Presentation: December 19, 2019 • Second Presentation: • Requested Action: Motion Staff Report Summary The proposed agreements would provide a web GIS-centric public asset management and planning solution with implementation services to 15 of the City’s departments/divisions. Background The City currently uses a variety of management products that have been found to be inadequate. These products would be replaced by Cityworks. Cityworks is a cloud hosted solution that uses Moses Lake GIS data to manage things like work orders, asset management, licensing, permitting, and inspections. Centricity GIS will work with each City Department/Division individually to configure and implement the required solutions. The Cityworks ELA is initially a three year agreement, beginning in January 2020. The Implementation period lasts from January 2020 to September 2020. Fiscal and Policy Implications The cost of these services would be $205,000 in year 1 for the Software and Implementation then $65,000 in years 2 and 3 for the Software. Thereafter a yearly fee would apply based on the City’s population, number of user logins, and any additional add-on services. Moses Lake Council Packet 12-19-19, Page 27 of 147 Options Option Results • Move to authorize request as presented City Manager will execute the agreements • Modify the draft request Provide staff with specific changes • Take no action The agreements will not be executed dStaff Recommendation Staff recommends City Council authorize the Interim City Manager to execute the agreements as presented. Attachments A. B. C. D. Cityworks License and Maintenance Agreement Centricity GIS, Agreement for Professional Services Cityworks, Moses Lake, WA Quote: Q-08202 Centricity GIS Project Proposal Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Agreements Cityworks License and Maintenance and Cityworks Implementation by Centricity GIS, LLC December 12, 2019 Moses Lake Council Packet 12-19-19, Page 28 of 147 Moses Lake Council Packet 12-19-19, Page 29 of 147 Moses Lake Council Packet 12-19-19, Page 30 of 147 Moses Lake Council Packet 12-19-19, Page 31 of 147 Moses Lake Council Packet 12-19-19, Page 32 of 147 Moses Lake Council Packet 12-19-19, Page 33 of 147 Moses Lake Council Packet 12-19-19, Page 34 of 147 Moses Lake Council Packet 12-19-19, Page 35 of 147 Moses Lake Council Packet 12-19-19, Page 36 of 147 Moses Lake Council Packet 12-19-19, Page 37 of 147 Moses Lake Council Packet 12-19-19, Page 38 of 147 Moses Lake Council Packet 12-19-19, Page 39 of 147 Moses Lake Council Packet 12-19-19, Page 40 of 147 Moses Lake Council Packet 12-19-19, Page 41 of 147 Moses Lake Council Packet 12-19-19, Page 42 of 147 GENERAL SERVICE AGREEMENT THIS GENERAL SERVICE AGREEMENT (the "Agreement") is dated this ________ day of ________________, ________. Client City of Moses Lake, Washington, 401 S Balsam P.O. Box 1579 Moses Lake, WA 98837 (the "Client") Contractor Centricity GIS, LLC10659 N Sahalee St, Cedar Hills, UT 84062 (the "Contractor") 1. BACKGROUND 1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client. 2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows: 1. Services Provided 1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"): o Cityworks Implementation. 2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client. 3. Term of Agreement 3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties. Moses Lake Council Packet 12-19-19, Page 43 of 147 4. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 30 days' written notice to the other Party. 5. Performance 5. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. 6. Currency 6. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars). 7. Compensation 7. The Contractor will charge the Client a flat fee of $140,000.00 for the Services (the "Compensation"). 8. A deposit of $14,000.00 (the "Deposit") is payable by the Client upon execution of this Agreement. 9. For the remaining amount, the Client will be invoiced as follows: o Upon Completion of each Line Item. 10. Invoices submitted by the Contractor to the Client are due within 30 days of receipt. 11. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement. 12. Penalties for Late Payment 12. Any late payments will trigger a fee of 10.00% per month on the amount still owing. 13. Confidentiality 13. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client. 14. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. 15. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was Moses Lake Council Packet 12-19-19, Page 44 of 147 provided before or after the date of this Agreement or how it was provided to the Contractor. 16. Ownership of Intellectual Property 16. All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property. 17. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor. 18. Return of Property 18. Upon the expiration or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client. 19. In the event that this Agreement is terminated by the Client prior to completion of the Services the Contractor will be entitled to recovery from the site or premises where the Services were carried out, of any materials or equipment which is the property of the Contractor or, where agreed between the Parties, to compensation in lieu of recovery. 20. Capacity/Independent Contractor 20. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement. 21. Right of Substitution 21. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services. 22. In the event that the Contractor hires a sub-contractor: o the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor. o for the purposes of the indemnification clause of this Agreement, the sub- contractor is an agent of the Contractor. Moses Lake Council Packet 12-19-19, Page 45 of 147 23. Autonomy 23. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client. 24. Equipment 24. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement. 25. No Exclusivity 25. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services. 26. Notice 26. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses: 1. City of Moses Lake, Washington 401 S Balsam P.O. Box 1579 Moses Lake, WA 98837 2. Centricity GIS, LLC 10659 N Sahalee St, Cedar Hills, UT 84062 or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier. 2. Indemnification 27. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in Moses Lake Council Packet 12-19-19, Page 46 of 147 connection with this Agreement. This indemnification will survive the termination of this Agreement. 28. Modification of Agreement 28. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. 29. Time of the Essence 29. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. 30. Assignment 30. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client. 31. Entire Agreement 31. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. 32. Enurement 32. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns. 33. Titles/Headings 33. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. 34. Gender 34. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. 35. Governing Law 35. This Agreement will be governed by and construed in accordance with the laws of the State of Washington. 36. Severability 36. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. 37. Waiver 38. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. Moses Lake Council Packet 12-19-19, Page 47 of 147 39. Termination 39. Termination The City may terminate the Agreement without cause at any time by giving the Consultant 30 days’ written notice of such termination. If any portion of the authorized work covered by this Agreement and begun by the Consultant is abandoned, unreasonably delayed or indefinitely postponed by the City, the Consultant may also terminate this Agreement by giving 30 days written notice. The City may terminate the Agreement immediately at any time if the Consultant is in violation of any of the provisions of the Agreement. In the event of termination of this Agreement by either party, the Consultant shall be paid for all services rendered by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement. If the Consultant has any property in its possession belonging to the City, the Consultant will account for the same, and dispose of it in the manner directed by the City. IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________. City of Moses Lake, Washington Per: (Seal) Officer's Name: __________________________ Centricity GIS, LLC Per: (Seal) Officer's Name: __________________________ Moses Lake Council Packet 12-19-19, Page 48 of 147 Cityworks | Azteca Systems, LLC. 11075 South State Street, Suite 24 Sandy, UT 84070 Phone: 801-523-2751 Website: Cityworks.com MOSES LAKE, WA QUOTE: Q-08202 Moses Lake Council Packet 12-19-19, Page 49 of 147 Cityworks is designed and created to be the leading GIS-centric system for public asset management, that fully leverages the power of geographic information (GIS) and help communities work smarter, become more sustainable, resilient, and safe.  Moses Lake Council Packet 12-19-19, Page 50 of 147 TABLE OF CONTENTS Company Information ......................................................................................................... Section 1 Quote ....................................................................................................................................... Section 2 Cityworks & ArcGIS ............................................................................................................... Section 3 Products & Optional Add-ons ........................................................................................... Section 4 System Specifications .......................................................................................................... Section 5 Maintenance .......................................................................................................................... Section 6 Moses Lake Council Packet 12-19-19, Page 51 of 147 SECTION 1 COMPANY INFORMATION Moses Lake Council Packet 12-19-19, Page 52 of 147 CITYWORKS® | AZTECA SYSTEMS® Founded in 1986, Azteca Systems, LLC began as a consulting firm that provided cartographic mapping support to federal agencies. Azteca Systems earned a reputation for GIS-centric solutions, and public works agencies began approaching us for help with their asset management strategy. In 1996, the Cityworks platform was born. Cityworks is a powerful, flexible, and affordable web GIS-centric public asset management solution. Today, we support more than 650 organizations throughout the United States and around the world, from single-user sites to enterprise installations. Our clients include public works agencies, transportation agencies, water and wastewater utility districts, airports, energy companies, community development agencies, and other organizations involved with the care and operation of public assets. We are a full-service company—a financially strong and closely-held corporation. Focused on the development of GIS-centric software applications, Azteca Systems is capable of providing complete implementation, integration, data conversion, and process review services, as well as re-engineering, education, and ongoing maintenance. GIS offers a robust and accurate representation of assets, modeled as they are in your community. Built exclusively on Esri’s ArcGIS® Cityworks offers a robust system of record, engagement and insight for public asset management. We recognize GIS as the authoritative system of record for local government and public service organizations. Moses Lake Council Packet 12-19-19, Page 53 of 147 CORE VALUES 1. BUILD THE RIGHT TEAM 2. CREATE LASTING PARTNERSHIPS 3. ENABLE THE POWER OF GIS 4. IMPROVE COMMUNITIES BUILD THE RIGHT TEAM Our employees are the lifeblood of Cityworks. We are passionate about creating a GIS-centric ecosystem to help you build a more resilient, sustainable, and safe community—a smart community. Our objective is simple: engage a culture of innovation and ongoing improvement for employees, customers, and strategic partners. Our company is staffed by a comprehensive group of professionals capable of development, implementation, training, customer support, and marketing. As a Cityworks client, you will have access to the following teams: • Enterprise Solutions: Support implementation and project management, education services, and the business partner program. • Products and Development: Responsible for software development, testing, research and development, and documentation. • Customer Success Management (CSM): Provide support before, during, and after implementation and ensure long-term client success. Moses Lake Council Packet 12-19-19, Page 54 of 147 CREATE LASTING PARTNERSHIPS The Cityworks community includes a network of business partners who embrace the value of superior customer service. From world-renowned civil engineering and technology integration firms to respected software companies and international distributors, our business partners all share a common belief in the value GIS. Our strategic partners, Esri and Trimble, provide long-range support in the core technology and business objectives we pursue with Cityworks. Implementation partners help you put Cityworks to use—efficiently, effectively, and as quickly as possible. Several world-class software development companies help customers extend the reach of Cityworks with integrated solutions. These development partners support capabilities such as automated vehicle location (AVL) services, CCTV inspections, citizen engagement, utility location, pavement management, systems modeling, mobile solutions, utility billing, and so much more. EXPANDING GLOBALLY Cityworks continues to expand globally with customers and partners Cityworks customers Moses Lake Council Packet 12-19-19, Page 55 of 147 SECTION 2 QUOTE Moses Lake Council Packet 12-19-19, Page 56 of 147 Quote Number Q-08202-1 Created Date 9/20/2019 Expiration Date 12/20/2019  Contact Information Contact Name: Cindy Smith Prepared ByName:Jarrod Gerbaud Organization: Moses Lake, City of (WA)Prepared By Phone: (801) 523-2751 Contact Address: Moses Lake, WA  Quote Lines Product Name Quantity/ Population Net Unit Price ELA - Cityworks Online Server AMS/PLL Standard 1.00 $60,000.00 Cityworks Online Infrastructure Charge 50.00 $5,000.00 TOTAL:$65,000.00  Notes Year 1 Dollar Value $65,000.00 Year 1 Date Range Year 1 Year 2 Dollar Value $65,000.00 Year 2 Date Range Year 2 Year 3 Dollar Value $65,000.00 Year 3 Date Range Year 3 Quote Notes: Server AMS Standard Cityworks Online Enterprise License Agreement (ELA), Includes Unlimited Quantities of the Identified Products: Office Respond Mobile Native Apps (for iOS/Android) --Includes the following Add-ons: Storeroom Equipment Checkout Contracts eURL (Enterprise URL) Workload Web Hooks Local Government Templates (LGT) Use of Cityworks AMS Application Programming Interfaces (APIs) with commercially available Cityworks- centric applications that are licensed and maintained by authorized Cityworks partners Server PLL Standard Cityworks Online Enterprise License Agreement (ELA), Includes Unlimited Quantities of the Identified Products: Azteca Systems LLC 11075 | South State Street Suite 24, Sandy, UT 84070 | Corporate Main 801-523-2751 | Corporate Fax 801-523-3734 Moses Lake Council Packet 12-19-19, Page 57 of 147 Office Respond Mobile Native Apps (for iOS/Android) --Includes the following Add-ons: eURL (Enterprise URL) Public Access for PLL Workload Web Hooks Use of Cityworks PLL Application Programming Interfaces (APIs) with commercially available Cityworks-centric applications that are licensed and maintained by authorized Cityworks partners Annual fee herein is based on 10,001 - 25,000 population range Initial license fee covers licensing and infrastructure fee for 50 logins. Infrastructure fee for first 25 logins is waived. ELA pricing quote for CWOL assumes no hosting logins are added over and above the current 50 Server AMS hosting Logins. Additional hosting logins can be added for an additional fee. Terms and Conditions All quotations are valid for ninety-days (90) from the date above, unless otherwise stated in this quotation form. All prices quoted arein USD, unless specifically provided otherwise, above. These prices and terms are valid only for items purchased for use and deliverywithin the United States. Unless otherwise referenced, this quotation is for the Cityworks software products referenced above only. Pricing for implementationservices (installation, configuration, training, etc.), or other software applications is provided separately and upon request. The procurement, installation and administration of the Esri software utilized in conjunction with Cityworks will be the responsibility ofthe customer. The procurement, installation and administration of the RDBMS utilized in conjunction with Cityworks will be the responsibility of thecustomer. Currently, Cityworks supports Oracle and SQL Server. The procurement, installation and administration of the infrastructure (hardware and networking) utilized in conjunction with Cityworks will be the responsibility of the customer. This quotation information is confidential and proprietary and may not be copied or released other than for the express purpose of the current system selection and purchase. This information may not be given to outside parties or used for any other purpose withoutwritten consent from Azteca Systems, LLC. Software LicensingAll Azteca Systems software offered in this quotation are commercial off-the-shelf (COTS) software developed at private expense, andis subject to the terms and conditions of the “Cityworks Software License Agreement” and any and all addendums or amendmentsthereto. A fully executed copy of the Software License Agreement and any addendum(s) is required before delivery and installation andusage of the software is subject to the terms of the current license agreement. Delivery method is by way of download through Azteca Systems, LLC. customer support web portal. Payment TermsNet thirty (30) days. TaxesPrices quoted do not include any applicable state, sales, local, or use taxes unless so stated. In preparing your budget and/or PurchaseOrder, please allow for any applicable taxes, including, sales, state, local or use taxes as necessary. Azteca Systems reserves the right to collect any applicable sales, use or other taxes tax assessed by or as required by law. Azteca Systems reserves the right to Azteca Systems LLC 11075 | South State Street Suite 24, Sandy, UT 84070 | Corporate Main 801-523-2751 | Corporate Fax 801-523-3734 Moses Lake Council Packet 12-19-19, Page 58 of 147 add any applicable tax to the invoice, unless proof with the order is shown that your organization or entity is tax exempt or if it pays anyapplicable tax directly. International CustomersThese items are controlled by the U.S. government and authorized for extort only to the country of ultimate destination for use by theultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other countryor to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated intoother items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. AZTECA SYSTEMS, LLC. COPYRIGHT 1995 - 2019 Azteca Systems LLC 11075 | South State Street Suite 24, Sandy, UT 84070 | Corporate Main 801-523-2751 | Corporate Fax 801-523-3734 Azteca Systems LLC 11075 | South State Street Suite 24, Sandy, UT 84070 | Corporate Main 801-523-2751 | Corporate Fax 801-523-3734 Moses Lake Council Packet 12-19-19, Page 59 of 147 SECTION 3 CITYWORKS & ARCGIS Moses Lake Council Packet 12-19-19, Page 60 of 147 CITYWORKS® AND ARCGIS® ENABLE THE POWER OF WHERE™ FOR PUBLIC ASSET MANAGEMENT WEB GIS-CENTRIC We recognize GIS as the authoritative system of record for local government and public service organizations. Built exclusively on Esri’s innovative ArcGIS® technology, Cityworks offers a robust system of record, engagement, and insight for public asset management. The Azteca Systems partnership with Esri began in 1987. Over time, the tools we used grew and changed as Esri’s technology grew and changed. Though other approaches may interface with a GIS— generally for map visualization—the Cityworks platform has always used ArcGIS as the authoritative data system of record. Ultimately, this translates to a powerful user experience. End users can easily and seamlessly move between Cityworks to Esri applications to collect, view, and share data. Application developers can access ArcGIS and Cityworks to design and build applications that support unique end-user workflows. Together, Cityworks and Esri ArcGIS support a range of solutions to meet your needs. SINGLE SIGN-ON Single Sign-on allows users to log in to Cityworks using their ArcGIS Online or Portal for ArcGIS credentials. This is helpful for administrators who want to manage user passwords in ArcGIS Online or Portal for ArcGIS rather than Cityworks. Single Sign-on also eliminates the need for the Esri Resource Proxy to be configured for secured GIS services to be consumed by the map. This function also allows users to view ArcGIS Online web maps in Cityworks. When logged in via Single Sign-on, users have two additional map tools: ArcGIS Online Web Map Manager and Roads and Highways. The ArcGIS Online Web Maps map tool allows users to incorporate add web maps from ArcGIS Online to their Cityworks map. Roads and Highways is licensed under Single Sign-on and requires Esri’s Roads and Highways license and extension. This app contains map tools which allows users to create a feature event on roadway assets and create work orders, inspections, and permits attached to the new event. Route marker pins are used along the assets to define the end points of the feature events. Data from Cityworks Roads and Highways can be viewed in Esri’s Roads and Highways, providing powerful mapping, reporting, and analyses. Moses Lake Council Packet 12-19-19, Page 61 of 147 WEB MAP MANAGER Web Map Manager enables users to select and change their map in Cityworks to any shared web map found in Portal for ArcGIS and ArcGIS Online. In addition, an organization’s saved Enterprise URLs can be dynamically added into a web map as a layer and ordered by the user interactively. This product requires licensing for EURL, and users must be logged in via Cityworks Single Sign-on. COLLECTOR FOR ARCGIS Collector for ArcGIS is an Esri app that allows users to create and update GIS features while working in the field. Using the Cityworks mobile native apps for Android or iOS, Cityworks users logging in with their AGOL or Portal logins can open service requests, work orders, inspections, and PLL cases and navigate directly to that work extent in Collector. Since Cityworks and Collector leverage the same web map, that means users can move seamlessly between the two apps. It also means that any new features created, or updated, in Collector is available immediately in the Cityworks app. NAVIGATOR FOR ARCGIS Navigator for ArcGIS is an Esri app for routing and navigation. Cityworks mobile native app users can use Navigator to get turn-by-turn directions to any address or asset. Navigator will also provide an optimized route if users need to navigate to multiple locations. Like the Cityworks mobile native apps, Navigator works online or offline. Navigator can be opened from service requests, work orders, inspections, and PLL cases and initiated for routing to the work activity or associated asset. WORKFORCE FOR ARCGIS Workforce for ArcGIS is an Esri app that allows office staff to create and assign work to field crews, who also use the app to view their assignment in the field. Cityworks users logging in with their AGOL or Portal logins can open Workforce and access activities and seamlessly launch the Cityworks mobile native apps for Android and iOS to process the work order. This allows Cityworks users to record additional information in the Cityworks Native Apps, complete the work and update Workforce. CROWDSOURCE REPORTER Crowdsource Reporter is an Esri app that allows citizens to report concerns and issues. Those reports can be brought into Cityworks as service requests where they can be managed and follow up activities can be generated. As these are processed in Cityworks, updates can also be delivered back to Crowdsource Reporter for citizens to view. Moses Lake Council Packet 12-19-19, Page 62 of 147 ENABLE THE POWER OF WEB GIS-CENTRIC As a global leader for public asset management, Cityworks Designs, Creates, Promotes and Advocates GIS-centric software as a best practice to strengthen smart communities. We recognize GIS as the authoritative system of record for local government and public service organizations. Built exclusively on Esri’s innovative ArcGIS® technology, Cityworks offers a robust system of record, engagement, and insight for public asset management. The Cityworks platform has always used ArcGIS as the authoritative data system of record. Ultimately, this translates to a powerful user experience. End users can easily and seamlessly move between Cityworks to Esri applications to collect, view, and share data. Application developers can access ArcGIS and Cityworks to design and build applications that support unique end-user workflows. Together, Cityworks, Esri ArcGIS, and our partners support a range of solutions to meet your public asset management and infrastructure needs. CITYWORKS AND ARCGIS together provide powerful systems of engagement, record, and insight for public asset management. Moses Lake Council Packet 12-19-19, Page 63 of 147 Copyright © 2018 Esri. All rights reserved. Mapping & Visualization Understand locations and relationships with maps and visual representations Data Management Collect, organize, and maintain accurate locations and details about assets and resources Field Mobility Manage and enable a mobile workforce to collect and access information in the eld Monitoring Track, manage, and monitor assets and resources in real-time Analytics Discover, quantify, and predict trends and patterns to improve outcomes Design & Planning Evaluate alternative solutions and create optimal designs Decision Support Gain situational awareness, and enable information-driven decision making Constituent Engagement Communicate and collaborate with citizens and external communities of interest Sharing & Collaboration Empower everyone to easily discover, use, make, and share geographic information Esri’s ArcGIS® COMMON PATTERNS OF USE Moses Lake Council Packet 12-19-19, Page 64 of 147 IMPROVE COMMUNITIES Local governments and public service organizations across the world use Cityworks and ArcGIS to make their communities more resilient, sustainable, and safe. Esri recently identified nine ways organizations typically use GIS. In public asset management, this translates to four key activities that help organizations realize a greater return on investment: • Constituent Engagement: Encourage residents, business owners, and policy makers to provide input, remain informed, and monitor progress with the help of Cityworks data and Esri web maps. • Organization Empowerment: Empower management and staff to collaborate, communicate, and interact with asset data. • Organization Decision Support: Use asset data to better understand cost, risk, labor, and capital investment priorities. Help management and staff make better real-time, data-driven decisions. • Organization Design and Planning: Evaluate alternatives and develop initiatives that improve management, budgeting, planning, and design. GIS-CENTRIC CHARACTERISTICS OF PUBLIC ASSET MANAGEMENT NO REDUNDANCY ArcGIS is the authoritative system of record with no writing or syncing to other asset data tables. FULLY CONFIGURABLE Cityworks can support any geodatabase design for your assets—including linear, dispersed, or condensed. NON-PROPRIETARY We build on the geodatabase with well-known and understood data structure elements. Your organization owns and fully controls its data. ARCGIS UPDATES Cityworks relies solely on ArcGIS feature services to update the authoritative asset data to ensure data integrity. ARCGIS WEB MAP Any application can access an ArcGIS web map without constraints, allowing you to find and view asset data at a glance. SINGLE SIGN-ON Our software supports a single-sign on identity. All associated apps will support the preferred identity storehouse—ArcGIS Online or Portal for ArcGIS. ANALYTICS & REPORTING Cityworks uses ArcGIS tools for data analytics and powerful visualizations to support decision-making. Moses Lake Council Packet 12-19-19, Page 65 of 147 SECTION 4 PRODUCTS & OPTIONAL ADD-ONS Moses Lake Council Packet 12-19-19, Page 66 of 147 PRODUCTS The Cityworks platform is designed to utilize Esri ArcGIS and contains Cityworks AMS and PLL core products which are available through their respective Office and Tablet apps. These apps provide the end user with an optimized office or mobile experience. Each contains full AMS or PLL functionality, along with integrated map tools. Products listed are for informational purposes only. Please refer to Section 2 for actual products to be licensed. Core products include the following: • Office for AMS • Tablet for AMS • Office for PLL • Tablet for PLL Add-on software applications have been designed to extend the Cityworks platform by providing additional specialized capabilities. These are licensed separately, and include the following: • Respond • Mobile Native Apps (for iOS/Android) • Storeroom • Equipment Checkout • Contracts • Cityworks for Excel® • Cityworks Analytics • eURL • Public Access • Operational Insights • Workload • Web Hooks • Performance Budgeting • CCTV Interface • PAVER Interface • JSON web services APIs Moses Lake Council Packet 12-19-19, Page 67 of 147 CITYWORKS AMS Cityworks AMS is a web GIS-centric public asset management solution platform designed with built-in Office for AMS and Tablet for AMS apps. Each app incorporates a palette of tools, tabs, and links in a highly customizable environment, allowing Cityworks to be served across a department, a division, or an entire organization. Cityworks Office for AMS and Tablet for AMS apps are designed for maintenance and operations. These apps allow users to utilize GIS functionality while managing and tracking maintenance operations involving service requests, work orders, and inspections within an office or mobile environment. Users can schedule and track preventative maintenance with cyclical work orders and inspections. Emergency and other reactive work orders are also managed. These are often generated from customer calls and service requests. Maintenance data relating to specific public assets is tracked and managed, and includes: location, assets, resource usage and costs, assignments, tasks, comments, dates, and more. Caller histories as well as asset maintenance histories are readily available using Cityworks searches. Maintenance searches can be configured with tabular and/or spatial data. Specialized reports can be generated using Crystal Reports. A map interface includes tools for map display, navigation, feature selection, activity creation, event layers, asset searches, navigation, location, redline, heat mapping, and more. Office for AMS—Works Order Moses Lake Council Packet 12-19-19, Page 68 of 147 CITYWORKS PLL Cityworks PLL is a web GIS-centric permits, licensing, and land platform designed to manage development projects, code enforcement cases, and other similar projects from inception to completion. It facilitates the use of ArcGIS mapping functions at all relevant levels. It is not only functional for private land development, but it can be used for utilities, highways, parades, festivals, and other public projects. Cityworks PLL is designed with built-in Office for PLL and Tablet for PLL apps, which provide the end user with an optimized office or mobile experience. These apps contain full permits, license, and case management functionality and are designed for office computers, mobile laptops, and tablets. Cityworks PLL gives jurisdictions direct control over their business processes. Basic functional forms are highly adaptable and can be tailored to each organization’s unique structure and needs. Customized templates help manage the required data for specific processes. As many or as few templates as necessary can be designed to streamline the development process. PLL can be configured to allow access by multiple departments within an organization, such as land management, legal department, public utilities, and others. Workflows efficiently track applicable tasks from application or request, through reviews, fee collection, inspections, commission meetings, hearings and abatement, license renewal, and more. GIS features can be associated to records and may include parcels, street segments, intersections, addresses, or any other defined GIS features. Office for PLL—Summary view Moses Lake Council Packet 12-19-19, Page 69 of 147 RESPOND Respond extends Cityworks AMS and PLL functionality to a mobile setting, such as on a tablet at a job site. Respond is designed differently than Office and Tablet, and focuses on service request, work order, inspection, and PLL case management. Respond enables mobile work on an interface optimized for tablets and includes a map. The map interface is designed with the following tools: base maps, bookmarks, create activity, data view, editor, heat maps, layer search, legend, locate, measure, navigation, printing, redline, routing, and selection. Respond requires a constant connection and uses a responsive design that is not supported in Internet Explorer. Performance Budgeting—Budget variables Moses Lake Council Packet 12-19-19, Page 70 of 147 MOBILE NATIVE APPS FOR IOS AND ANDROID These apps allow Cityworks to be used in a disconnected environment. Users can create service requests, work orders, and inspections, and edit service requests, work orders, inspections, and cases using iOS or Android devices. Work activities, tasks, and cases can be viewed on the map and marked as completed with comments. iOS app—Map example iOS app—Inbox case example Moses Lake Council Packet 12-19-19, Page 71 of 147 STOREROOM Cityworks Storeroom is a product designed to track incoming and outgoing materials from multiple storage areas, including work vehicles, as well as manage stock, material cost, suppliers, and requisitions. Storeroom functions are integrated with work orders created in Cityworks AMS. When materials are added to a work order, issue transactions are written to Storeroom to adjust the available stock. If materials are removed from the work order, or if the work order is canceled, receive transactions are recorded in Storeroom to return unused materials. Storeroom functions include the following: • Materials can be defined with a description, location, part number, supplier, etc. • Requisitions can be created for individual materials or from a search on the reorder quantity. • Material transfers from storeroom to storeroom can be tracked. • Receive transactions can track the materials coming from a supplier or from a work order return. • Issue transactions track materials issued to an account, employee, or work order. • Audit transactions can be used to record adjustments made to material quantities and costs. • Supplier information is tracked and associated to materials. • Material cost types include LIFO, FIFO, Weighted Average, or Current cost. • All materials transactions are recorded, whether entered from Storeroom or from a work order. • Material assemblies comprised of several materials is supported. • Barcode technology and Cityworks Analytics reporting are supported. Moses Lake Council Packet 12-19-19, Page 72 of 147 EQUIPMENT CHECK OUT Equipment Check Out is used for checking out, returning, reserving, and tracking work order equipment, as well as keeping a history of equipment and employee usage. Tablet for AMS—Equipment Check Out Moses Lake Council Packet 12-19-19, Page 73 of 147 CONTRACTS Contracts is used to track asset maintenance activities contracted to entities outside of your organization. These activities can include design, estimated costs, bid process, and more. Contracts can have a set budget; track a set of tasks, materials, or equipment; track estimated costs; record reported costs by line item; and track work completion and cost approval. Contracts can also spread materials and costs across multiple activities. Tablet for AMS—Contract sample Moses Lake Council Packet 12-19-19, Page 74 of 147 CITYWORKS FOR EXCEL Cityworks for Excel allows users to make changes to the Cityworks database and geodatabase tables from one place with an easy-to-use interface. Work orders and inspections can also be created using this application. Cityworks for Excel supports Excel 2013, 2016, and Excel 365 (desktop version) on Windows. This software requires an AMS Edit+ license. Cityworks for Excel—Table data example Moses Lake Council Packet 12-19-19, Page 75 of 147 ANALYTICS Cityworks Analytics is an app which enables organizations to quickly create detailed reports using the information in their database. These powerful reports are used to graphically analyze the organization’s performance. Analytics is delivered as a web service with a series of predefined, yet customizable templates, reports, and KPIs. Users can simply configure the data connection and use existing out-of-the-box tools or attend a comprehensive training program to learn more about modifying and creating analytical tools. This app is integrated with Insights for ArcGIS, Esri’s data analytics software made for advanced location intelligence. Using Cityworks Analytics with Insights for ArcGIS allows users to visualize asset data in maps, charts, graphs, and tables. Together, these tools provide valuable information about the operational performance of your organization. Cityworks Analytics with Esri’s Insights for ArcGIS Moses Lake Council Packet 12-19-19, Page 76 of 147 EURL EURL enables Cityworks saved searches to be published as REST services for sharing of maps internally or outside an organization. This includes searches or event layers created through inspection, service request, work order, PLL cases, GIS searches, and asset calculations. EURL can be used with Cityworks Office and Tablet apps, Operational Insights, Web Map Manager, and Single Sign-on/Roads and Highways. Moses Lake Council Packet 12-19-19, Page 77 of 147 PUBLIC ACCESS Public Access is the citizen portal to Office and Tablet for PLL. It allows citizens and contractors to apply for and track the progress of permits and licenses, start the application process, or finish an incomplete application. Once the permit or license has been created, the user can request inspections, check inspection status, cancel an inspection, and pay permit fees. This app contains a message board and a map with navigation tools. Public Access—Main page Moses Lake Council Packet 12-19-19, Page 78 of 147 OPERATIONAL INSIGHTS Operational Insights generates KPIs used for business risk analysis related to the health of an organization’s assets. These KPIs are calculated using information from GIS attributes and tracked maintenance in combination with user defined asset strategies and maintenance strategies. Potential problem assets can be identified on the map, and work orders can be created using map tools. Asset strategies identify asset types, their rating levels, rating methods, and values or ranges. Asset strategies combine with key GIS field values, their risk factors, and factor ratings to generate values for three risk factors: consequence of failure, probability of failure, and risk mitigation. These risk factors respectively indicate failure impact, failure probability, and effort taken to reduce the impact of asset failure; multiplied together, these three factors generate values for business risk exposure. Maintenance strategies identify asset types, key dates, and strategy details. These strategies combine with proactive and reactive work order templates, their activities, intervals, weighting factors, and number of repairs which are used to generate maintenance scores: proactive over-maintained, proactive under-maintained, and strategy threshold (estimated repairs). Operational Insights—Analytics dashboard Moses Lake Council Packet 12-19-19, Page 79 of 147 Operational Insights generates the following KPI output: • Probability of Failure (POF) • Consequence of Failure (COF) • Business Risk Exposure (BRE) • Under Maintained Proactive Maintenance Score (MSPU) • Over Maintained Proactive Maintenance Score (MSPO) • POF vs. COF • POF vs. MSPU • BRE vs. MSPU Operational Insights is integrated with Esri’s Insights for ArcGIS, which enables further analysis of your Operational Insights KPI data. Data generated in Operational Insights can be displayed on a map in Insights for ArcGIS through use of the Cityworks EURL function, which enables saving searches and sharing the maps. Insights for ArcGIS displays your KPI data and can interactively identify critical assets and hot spots on the map based on selected variables used in calculating the risk factors. Operational Insights—Mapped data Moses Lake Council Packet 12-19-19, Page 80 of 147 WORKLOAD Workload assigns work activities to employees, which include: inspections, work orders, and PLL tasks. The map displays unassigned activities and activities assigned to individual employees. These activities are easily reassigned using drag-and-drop from one list to another, or from the map to a selected employee. Overdue activity assignments are highlighted in pink. Each activity requires an asset or geocoded address tied to the record for it to show on the map. The map displays activities using an entered projected date range for AMS records or target range for PLL records. Workload—Activity assignments Moses Lake Council Packet 12-19-19, Page 81 of 147 WEB HOOKS Web Hooks enables messaging to third-party systems that an action has occurred in a Cityworks service request, work order, or case. Moses Lake Council Packet 12-19-19, Page 82 of 147 PERFORMANCE BUDGETING Performance Budgeting generates daily and yearly budgets based on projected costs and budgetary constraints of an organization’s assets. Budget projections are based on work order templates, maintenance factors, cost factors, plus actual and projected work. Performance Budgeting can help to accurately predict future budgets and determine cost projection, productivity, optimal crew size, etc. Performance Budgeting—Budget variables Moses Lake Council Packet 12-19-19, Page 83 of 147 CCTV INTERFACE The CCTV Interface links directly to PACP-compliant (Pipeline Assessment and Certification Program) closed circuit television (CCTV) inspection systems. The interface is a bidirectional application allowing users to pass data from the Cityworks database to a PACP database and back again. Moses Lake Council Packet 12-19-19, Page 84 of 147 PAVER MANAGEMENT Cityworks Pavement Management app is the interface between Cityworks and third-party pavement solutions such as PAVER, a program for pavement management created by the U.S. Army Construction Engineering Research Laboratories (USACERL). Designed to fully leverage your GIS investment, Pavement Management eliminates the need for costly duplication of asset data. Pavement managers create and maintain pavement (asset) inventory in the geodatabase, rather than building a database as tabular entries and shape files with unique identifiers in Pavement Management. Pavement inventory is managed within the geodatabase and exported to Pavement Management via Cityworks, which links the geodatabase fields to corresponding fields in Pavement Management. Pavement inventory, work activities, and inspections are established and maintained in Cityworks. This information is exported to Pavement Management to calculate the PCI (Pavement Condition Index), perform pavement analysis, and utilize past pavement work histories to predict future pavement conditions. Pavement Management is also of significant value in planning pavement maintenance and rehabilitation (M&R) because it can set priorities of work to be done according to pavement condition and/or limit the work to a budgeted amount and available resources. This information can be used to schedule and track the recommended work activities. PCI, last construction date, and current surface type can also be imported into the geodatabase and symbolized on the map. After completing any evaluation or analysis in the third-party system, the import functionality allows the user to bring in the inspection files and generate actionable steps via work orders and inspections, therefore capturing valuable information and saving it to the GIS as attributes. Moses Lake Council Packet 12-19-19, Page 85 of 147 APPLICATION PROGRAMMING INTERFACES (APIS) A variety of APIs have been developed to allow clients to extend the Cityworks platform through custom applications and integrations with third-party systems, accessing data and functionality. These JavaScript Object Notation (JSON) web services APIs are licensed individually, or can be bundled as part of an ELA, and require configuration services. The following JSON web services APIs are available for the Cityworks platform: Citizen Engagement API Document Management API Inspection API Metrics API PLL Case API Basic PLL Case API Extended SR API Storeroom API WO API Basic WO API Extended Webhook Limited Data Third Party App Extensive Data Third PartySolution APIsPublished GIS-Centric Open Platform Moses Lake Council Packet 12-19-19, Page 86 of 147 SECTION 5 SYSTEM SPECIFICATIONS Moses Lake Council Packet 12-19-19, Page 87 of 147 CITYWORKS DATABASE SERVER* Specifications for a Database (Intel®) Server: • Windows Server 2012 (64-bit) • Windows Server 2012 R2 (64-bit) • Windows Server 2016 (64-bit) • 32 GB RAM (or better) • Current Intel Xeon®/server class processor 3.46 GHz (or better) * Database server assumes a machine hosting the organization’s SDE geodatabase (supporting both editors and viewers) and Cityworks database (supporting users of Cityworks AMS/PLL). Please contact Azteca Systems with any questions. CITYWORKS SERVER AMS OR PLL Client Specifications for a PC (Intel®) Client: • 2.0 GHz Intel Core® processor (or better) • 2 GB RAM (or better) • Windows 10 (32/64-bit) or Windows 8/8.1 (32/64-bit) or Windows 7 Professional® (32/64-bit) • Firefox 45-57 • Microsoft Edge* • Chrome 43-63 (There is a known issue in Storeroom with Chrome 46) *Microsoft announced upcoming changes to the Edge browser to support the Chromium rendering engine. Due to these changes, we have limited support for Microsoft Edge. CITYWORKS SERVER AMS OR PLL (~40 users) Specifications for an Application (Intel®) Server: • Windows Server 2012 or 2012 R2, IIS 8.0/8.5 • Windows Server 2016 (64-bit), IIS 10 • 12 GB RAM (or better) • Current Intel Xeon®/server class processor 3.46 GHz (or better) • Application consumes 1 GB of disk space (500 MB on system drive) • .NET 4.5 Framework Windows Server features (.NET Extensibility 4.5 only if using Windows Server 2012/R2) Continued on next page SYSTEM SPECIFICATIONSCITYWORKS 15.4 SYSTEM SPECIFICATIONS (Last updated: June 2019) Moses Lake Council Packet 12-19-19, Page 88 of 147 CITYWORKS SERVER AMS OR PLL (~80 users) Specifications for an Application (Intel®) Server: • Windows Server 2012 or 2012 R2, IIS 8.0/8.5 • Windows Server 2016 (64-bit), IIS 10 • 24 GB RAM (or better) • Current Intel Xeon®/server class processor 3.46 GHz (or better) • Application consumes 1 GB of disk space (500MB on system drive) • .NET 4.5 Framework Windows Server features (.NET Extensibility 4.5 only if using Windows Server 2012/R2) • .NET 4.6.2 Framework (installed on both application and GIS servers). Requires Crystal Reports Runtime 13.0.16–13.0.20. • .NET Framework 4.7.1 is required for the Cityworks application server as well as the GIS server if the Cityworks SOE is used. We do not provide disk space requirements because it is dependent on factors like the size and quantity of attachments and map images. CITYWORKS ADD-ONS Cityworks Utilities interface for pavement management • PAVER versions 5.3.7–6.5.7 Pavement Management 1.0 app • PAVER version 7.x Cityworks Utilities interface for CCTV • PACP versions 4.4 and 6.0 • .NET 4.6.2 Framework (installed on both application and GIS servers). Requires Crystal Reports Runtime 13.0.16–13.0.20. • .NET Framework 4.7.1 is required for the Cityworks application server as well as the GIS server if the Cityworks SOE is used. We do not provide disk space requirements because it is dependent on factors like the size and quantity of attachments and map images. CITYWORKS SERVER AMS OR PLL CONTINUED (~40 users) Esri Enterprise Platforms: 10.3, 10.3.1, 10.4, 10.4.1, 10.5, 10.5.1, 10.6, 10.6.1, and 10.7 Esri Workgroup Platforms: 10.3, 10.3.1, 10.4, 10.4.1; 10.5, 10.5.1, 10.6, 10.6.1, and 10.7 SUPPORTED ESRI PLATFORMS Moses Lake Council Packet 12-19-19, Page 89 of 147 *ArcGIS Enterprise 10.7 is compatible with 15.4.2 and newer. *Feature Access via a map service requires the GIS data to be stored in an ArcSDE geodatabase; a file geodatabase is not sufficient here. To learn more about how Cityworks AMS/PLL provides comprehensive access to the geodatabase, contact Azteca Systems. *ArcGIS 10.6.1 is only compatible with Cityworks 15.3.1 and newer. *eURLs from Cityworks 15.3.1 sites are not compatible with Portal for ArcGIS 10.6.1 and Insights for ArcGIS 3.0. eURLs from Cityworks 15.3.2 and newer sites are compatible. ESRI PLATFORM NOTES Oracle 11g R1, Oracle 11g R2, Oracle 12c, Oracle 12c R1, SQL Server 2012, SQL Server 2014, SQL Server 2016, SQL Server 2017, and Oracle 12c R2 SQL Server Express 2012, SQL Server Express 2014, SQL Server Express 2016, and SQL Server Express 2017 SUPPORTED RDBMS PLATFORMS SUPPORTED RDBMS EXPRESS PLATFORMS Moses Lake Council Packet 12-19-19, Page 90 of 147 SECTION 6 MAINTENANCE Moses Lake Council Packet 12-19-19, Page 91 of 147 MAINTENANCE One of the most important aspects of corporate software is the timeliness of user support. At Cityworks, our goal is to have the very best customer support in the industry. We recognize that if a user cannot use the software to their fullest expectation, then it doesn’t matter how great the software is. If an issue is caused by a software problem, the product development staff’s main priority becomes the resolution of that problem. This section outlines Cityworks support features. For additional information, see the Cityworks Standard License and Maintenance Agreement. METHODS OF SUPPORT Azteca Systems offers telephone support, online support, and other support services on our website. Telephone support is provided as follows: • Regular business hours, 8:00 a.m.–5:00 p.m. MST. • Help Desk is available weekdays, excluding holidays. An emergency phone number or pager number of a technical analyst is provided in the event of a critical problem occurring after-hours. • Customer support phone number: (801) 990-1888. Online support is provided as follows: • Regular business hours, 8:00 a.m.–5:00 p.m. MST. • Weekdays, excluding holidays. • Internet support utilizes GoToAssist or Zoom software. An Internet browser connected to the system is required. • VPN and web access require secure access to the system. Website support is offered as follows: • The www.cityworks.com website includes general information, which includes: news releases, event listings, partner news, client news, media videos, webinar recordings, Cityworks Magazine, contact information, a link to the MyCityworks support website, and more. • The MyCityworks website is a registered user support site, which includes: community news, documentation, quick-start and user guides, training announcements and resources, downloads of software, developer articles, partner resources, and more. Moses Lake Council Packet 12-19-19, Page 92 of 147 Documentation: • Online help can be accessed from within the Cityworks Office, Tablet, and Respond environments. • Clients can access and download product user guides from the MyCityworks support website. • Cityworks magazine is published twice a year, and posted on the www.cityworks.com general information website. • Database diagrams are available to clients on the MyCityworks support website. • Instructional videos are available on MyCityworks which display specific functionality, What’s New in Cityworks, and other information. User Groups and conferences: • Cityworks regional user group meetings are held periodically at client sites and at our offices located in West Bend, Wisconsin, and DeSoto, Texas. • Cityworks Conference is held approximately every year-and-a-half in Salt Lake City, Utah. The next conference is scheduled May 9–11, 2018. FIXES AND ENHANCEMENTS The Update and Support Agreement allows clients to receive all subsequent upgrades, enhancements, and bug fixes for all future releases of the licensed applications if the client renews the agreement annually. Problems must be re-created by the user and isolated down to a specific software component. Problems can then be submitted to Cityworks by phone, voicemail, chat, or self-service portal. In each case, the information is logged and the customer support team will provide an answer to the question or resolution to the problem. Any support request that is not immediately resolved is assigned to a technical support representative. Verified bugs are submitted to the development team for scheduling, prioritization, assignment, and testing. Enhancement suggestions are managed through the project manager during a project’s initial implementation, the customer support representative during ongoing maintenance, through Ideas entries on the MyCityworks site, or the sales representatives and competitive issues brought forth in presentations. These suggestions are reviewed by the Cityworks software development committee which is composed of upper management representing key areas of the company. Enhancement priority is based on many factors, including: user response for new ideas tracked on MyCityworks, information gained from the Cityworks Conference, market drivers, magnitude of effort, the needs of the user community, timing of software releases, comparison to other initiatives, and decisions made by the software development committee. Moses Lake Council Packet 12-19-19, Page 93 of 147 RELEASE SCHEDULE The Cityworks platform is designed with built-in core apps: Office for AMS, Tablet for AMS, Office for PLL, and Tablet for PLL. Other apps are developed outside of the platform and released on their individual schedules at regular intervals, and will correspond with specific platform releases. These optional apps include: Analytics, Operational Insights, Performance Budgeting, Public Access, Respond, Storeroom, Workload, and mobile native apps for iOS and Android. Major and minor platform releases contain major enhancements and fixes and are designed to be as problem-free as possible through heavy testing and quality control. These releases contain bug fixes and enhancements. Previews of the next major release are available to qualifying clients. Enhancements that cannot be developed or stabilized in time for a platform release are furloughed to the next preview. Major versions are intended to have a maintained lifespan of at least two years. Azteca Systems fully supports the current version and the previous version of software with patch updates. Beyond two versions, Azteca Systems will no longer release software service packs for that product except for data corruption issues. Minor versions are released on an approximately 12-month cycle followed by patches released every month or two until the next minor version release, and as needed until the subsequent major or minor release. SOFTWARE NOTIFICATION AND DISTRIBUTION Clients are notified of major releases and service pack releases by email announcement or posts on MyCityworks. For clients with a current Update and Support Agreement, Cityworks will make new releases and supporting documents available on MyCityworks. UPGRADE INSTALLATION Upgrade installation is the responsibility of the client. New software can be downloaded by current clients and includes upgrade details and instructions. When problems are encountered during upgrade or installation of Cityworks while following the Cityworks Install Guide or the Cityworks Upgrade Guide, Cityworks technical support staff is available to remotely assist the client. Moses Lake Council Packet 12-19-19, Page 94 of 147 Smart communities create hubs of innovation that connect people with smart technology tools to make better decisions and improve the quality of life. At Cityworks, we’ve partnered with local government and utilities for decades, engaging employees, constituents, and partners with the GIS-centric technology they need to build smart, sustainable communities. Moses Lake Council Packet 12-19-19, Page 95 of 147 Project Proposal Prepared for: Moses Lake Washington, Cindy Smith Prepared by: Brandon Wright, President Proposal number: 2019-MLW CENTRICITY GIS Moses Lake Council Packet 12-19-19, Page 96 of 147 EXECUTIVE SUMMARY Introduction Centricity GIS, LLC is a GIS Consulting company offering implementation, data, and application development services. Our founder, Brandon Wright, has 15 years of experience in GIS, Asset Management, and systems integration. All of our technical staff have at least 5 years of expertise in their discipline. In addition to providing services for specific projects, we are also able to augment an agency’s staff by providing resources such as programmers, analysts, and technicians on site. Centricity GIS is a Cityworks Business Partner specializing in CMMS and GIS services for public agencies such as Cities, Counties, and Water Agencies. As a partner, we specialize in the implementation of Cityworks and ESRI technologies. From out of the box using Esri’s ArcGIS for Local Government solutions to custom PLL implementations, we can help agencies realize their return on investment as quickly as possible. We are located in Cedar Hills, Utah, about 30 minutes from Cityworks headquarters. Experience Our team has successfully completed over 50 Cityworks/GIS projects over their combined careers. We have over 25 years of Cityworks experience on our team. Firm Description & Project Organization We Centricity GIS, LLC is a multi-service organization providing specialized services in Field Asset Surveying, Geographic Information Systems (GIS) and application software services. CENTRICITY GIS provides professional services including consulting, training, staffing and technical support. We continue to set the standard for high quality GIS Centric and Cityworks implementation projects, especially in utility industry for Water, Sewer, Storm, Gas and Electric backed by staff with a wide range of industry and technical experience having over 15 years of experience in GIS and 25 years in Cityworks implementation. CENTRICITY GIS is a Dun & Bradstreet verified business (DUNS 08-085-9425). Partners: •Cityworks Business Partner Network •ESRI Silver Partner CENTRICITY GIS Moses Lake Council Packet 12-19-19, Page 97 of 147 Management Mr. Brandon Wright, founder of Centricity GIS, LLC, graduated with a B.S. degree in Business Information Systems from the University of Colorado, USA. He has over 15 years of professional experience in Cityworks and GIS within the Asset Management industry and has successfully completed over 50 Cityworks related projects. Most of his project experience is in implementing Cityworks systems with government agencies throughout United States. His core competency is in implementing Cityworks Asset Management solutions for government agencies (Water, Wastewater, Parks & Rec, etc). Mr. Wright manages the strategic planning, business development and company operations for CENTRICITY GIS. He also serves as client liaison officer on all the projects by overseeing scope, schedule, budget and time frame. Specialties: Asset Management, Data Conversion, and Project Implementation. Experience & Past Performance CENTRICITY GIS Client Implementation Support PLL AMS Reporting Integrations West Valley City, UT ✔✔✔✔✔✔ Park City, UT ✔✔✔✔ Herriman, UT ✔✔✔✔✔✔ Saratoga Springs, UT ✔✔✔✔✔ Rancho Palos Verdes, CA ✔✔✔✔ Las Gallinas Valley Sanitary District, CA ✔✔ Redlands, CA ✔✔✔✔✔✔ Cook County, IL ✔✔✔✔✔ DDOT, Washington, DC ✔✔✔✔ Apex, NC ✔✔✔✔ Houston, TX ✔✔✔✔ Ruidoso, NM ✔✔✔✔ El Paso, TX ✔✔✔✔ Moses Lake Council Packet 12-19-19, Page 98 of 147 Project Summary Implement Cityworks AMS and PLL through the City of Moses Lake, WA Implementation Services Notes: •Implementation services costs herein represent good faith estimate by Centricity GIS, LLC. •Centricity GIS will invoice on a per unit cost basis for the Optional Ad-Hoc support. Our standard rate of $150 per hour with a minimum period of 30 min and then each 15 minute increment thereafter will be used for Ad-hoc hours. This rate is used for all remote support hours used after the initial implementation has been completed. •Onsite days are billed at $2,500 per day onsite for Optional Ad-Hoc Support. This rate includes all time, material and travel costs incurred by the Centricity GIS staff to support the onsite portion of the project. •Centricity GIS Project manager will work to train the Cityworks Administrator(s) and Subject matter experts at Moses Lake to guide and coach them on the best business practices for managing the city’s processes within Cityworks. •The following pages provide a detailed breakdown of the estimated costs for each identified department. •Cityworks LGT Templates will be set up and identified as to which LGT Templates will be used for each group. •Employees, Material and Equipment will be set up for each group. •Groups desiring Storeroom will have Storeroom setup for their respective group. •Custom built integrations into Cityworks are not included in this proposal. Project Summary Description January 2020 February 2020 March 2020 April 2020 May 2020 June 2020 July 2020 August 2020 Sep. 2020 Implementation Services Fee Estimates for AMS - Project estimated to begin in January 2020 and Complete by June 2020 (One time cost, see notes below) $60,000 Implementation Services Fee Estimates for PLL - Project Estimated to Begin in February 2020 and complete by September 2020 (one time cost, see notes below) $80,000 Moses Lake Council Packet 12-19-19, Page 99 of 147 Phase 1 - Citywide Implementation of Cityworks AMS (Estimated Start Date January 1, 2020) Implementation Services Fees for Implementation and Training Public Works: Configuration & Setup of Cityworks AMS for Public Works.(Water, Wastewater, Stormwater, Streets) $15000.00 Onsite Each Group: 1/2 Day Kickoff Review, 1 Day End User Training, 1 Day Rollout Support Parks & Recreation: Configuration & Setup of Cityworks AMS for Parks & Recreation workflows $5000.00 Onsite: 1/2 Day Kickoff Review, 1 Day End User Training, 1 Day Rollout Support Building Maintenance, Utility Billing: Configuration & Setup of Cityworks AMS for Building Maintenance & Utility Billing workflows $10000.00 Onsite Each Group: 1/2 Day Kickoff Review, 1 Day End User Training, 1 Day Rollout Support Fleet, Engineering: Configuration & Setup of Cityworks AMS for Fleet & Engineering workflows $10000.00 Onsite Each Group: 1/2 Day Kickoff Review, 1 Day End User Training, 1 Day Rollout Support Administration: Training for Administrator(s)$2000.00 Onsite: 1 Day Admin Training Storeroom: Configuration of Storeroom for Building Maintenance & Police. $10000.00 Onsite: 1 Day Training Data Migration for Asset Management.$10000.00 *(Optional) Ad-Hoc Support: After Go-Live support. Billed Time and Material as used at $150/Hr up to 40 hours as needed . $6000.00 *Optional - Used as needed Total $62000.00 Total with Optional Ad-Hoc Support $68000.00 Project Details Item Description Amount Notes Moses Lake Council Packet 12-19-19, Page 100 of 147 Phase 2 - Citywide Implementation of Cityworks PLL (Estimated Start Date March 1, 2020) Implementation Services Fees for Implementation and Training Business Licensing: Configuration and Setup of Cityworks PLL for Public Works permitting (3 Custom Reports included) $15000.00 Onsite: 1/2 Day Kickoff Review, 1 Day End User Training, 1 Day Rollout Support Code Enforcement: Configuration and Setup of Cityworks PLL for Code Enforcement permitting (3 Custom Reports included) $10000.00 Onsite: 1/2 Day Kickoff Review, 1 Day End User Training, 1 Day Rollout Support Planning & Zoning, Engineering: Configuration and Setup of Cityworks PLL for Planning & Zoning, Engineering permitting (3 Custom Reports included) $15000.00 Onsite Each Group: 1/2 Day Kickoff Review, 1 Day End User Training, 1 Day Rollout Support Building & Inspections: Configuration and Setup of Cityworks PLL for Building & Inspections permitting (3 Custom Reports included) $15000.00 Onsite: 1/2 Day Kickoff Review, 1 Day End User Training, 1 Day Rollout Support Fire: Configuration and Setup of Cityworks PLL for Fire permitting (3 Custom Reports included) $10000.00 Onsite: 1/2 Day Kickoff Review, 1 Day End User Training, 1 Day Rollout Support Administration: Training for PLL Administrator(s)$3000.00 Onsite: 1 Day Admin Training Data Migration for Permitting.$10000.00 *(Optional) Ad-Hoc Support: After Go-Live support. Billed Time and Material as used at $150/Hr up to 100 hours as needed . $15000.00 *Optional - Used as needed Total $78000.00 Total with Optional Ad-Hoc Support $93000.00 Moses Lake Council Packet 12-19-19, Page 101 of 147 Centricity GIS, LLC Brandon Wright, Founder/President 10659 N Sahalee St Cedar Hills, UT 84062 www.CentricityGIS.com Email: BWright@CentricityGIS.com Phone: 801-376-8160 Moses Lake Council Packet 12-19-19, Page 102 of 147 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: December 18, 2019 Proceeding Type: Consent Agenda Subject: Water, Wastewater, and Stormwater Modeling Project Legislative History: • First Presentation: • Second Presentation: • Requested Action: December 19, 2019 Motion Staff Report Summary Staff has received a proposal for professional services for the Water, Wastewater, and Stormwater Hydraulic Modeling Project. Keller Associates has submitted a proposal not to exceed $304,500 for developing a water, wastewater and stormwater hydraulic model of the existing networks to aid the City in planning future capital improvement projects and to give valuable information to inquiring developers and industries of where and what scale of improvements would need to be made to serve future needs. There is also a provision to award some optional services in the not to exceed amount of $66,860 if it is determined to be valuable to the City. Background The City has been using 10 to 20 year old software and model data for the water and wastewater models. The existing models have not been modified or verified against real time data in quite some time. The stormwater network has never been modeled. It is valuable to have a digital copy of the networks to be able to trouble shoot problems, to find the most cost effective capital projects to improve the system and to determine availability in the system and what improvements would need to be made to serve future development in and around the City. Moses Lake Council Packet 12-19-19, Page 103 of 147 Fiscal and Policy Implications The project will require funds to be spent. Options Option Results • Award the Water, Wastewater, and Stormwater Modeling Contract Staff will move forward with executing a contract beginning design work • Take no action Staff will stop working on this project and wait for further direction from City Council Staff Recommendation Staff recommends accepting the proposal as present for a not to exceed amount of $304,500 with an option of additional services not to exceed $66,860 at the discretion of the City. Attachments A. Scope of Work B. Time and Fee Estimate Legal Review N-A Moses Lake Council Packet 12-19-19, Page 104 of 147 Exhibit A City of Moses Lake, WA Hydraulic Modeling Engineering Services Scope of Work The City of Moses Lake (“Owner”) has contracted with Keller Associates (“Consultant”) to prepare hydraulic models for their existing water distribution, wastewater collection, and stormwater system. The City has already prepared for this hydraulic modeling effort by developing GIS mapping with survey grade elevation data and investing in Innovyze software. Developing calibrated models of the water distribution, wastewater collection, and stormwater utilities will provide the Owner with the necessary tools to evaluate the existing system, identify deficiencies, evaluate improvement alternatives, and assess potential impacts associated with growth. Keller Associates will perform the tasks listed in the following scope of work. BASIC SERVICES Task 1: Project Management and Meetings - The following subtasks are anticipated: Consultant Responsibilities: 1.1 General Project Administration. General project administration services include contract administration, project accounting, maintaining project schedule, and internal project administration. 1.2 Kickoff Meeting. The Consultant will chair an in-person kickoff meeting with the Owner. The purpose of this first meeting is to kick off the project and discuss preliminary project modeling goals. Owner Responsibilities: • Provide meeting space and attend and participate in project meetings. Assumptions: • A 10-month project duration. • Project schedules will only be updated if changes are necessary and will be done no more than monthly. Deliverables: • Project baseline and schedules – electronic copy • Monthly invoices – electronic copy • Meeting agenda and minutes Task 2: Water Distribution Model – Consultant will prepare a water distribution hydraulic model using Innovyze software. The following subtasks are anticipated: 2.1. Request for Information (RFI). The Consultant will prepare an RFI to request available GIS mapping and other information including contour data, pipe material, pipe diameter, land use boundaries; control settings; record drawings; pump curves and drawdown information; well production and water consumption data; SCADA data for peak demand period (includes 24-hour reservoir levels and well Moses Lake Council Packet 12-19-19, Page 105 of 147 pumping rates); along with other pertinent information that may be helpful in the hydraulic modeling process. 2.2. Review Water System RFI Data. Consultant will review RFI data provided by the Owner including existing GIS, mapping, and other data pertinent to hydraulic modeling. Prepare a subsequent RFI for supplemental data, if required. 2.3. Site Tour. Consultant will complete a site tour with City staff to the existing pumping facilities, wells, and storage reservoirs to assess general operations and work with City staff to conduct pumps tests. For budgeting purposes, the site tour is anticipated to be completed in conjunction with the kickoff meeting. Pump tests for up to 20 pumping facilities will be completed. 2.4. Hydrant Flow Testing. Consultant to prepare a hydrant testing plan and coordinate with Owner and Fire Department to conduct onsite hydrant flow tests. Consultant will provide two staff to assist the Owner’s staff in completing the hydrant testing. Hydrant testing is anticipated to be completed in one workday. 2.5. Fire Flow Requirements. Consultant will review applicable fire flow requirements and consult with fire chief to assist with selection of fire flow demands to be used in the model calibration process. 2.6. Demand Analysis. Consultant will review available well production data for the 2015-2019 and summarize annual average, winter, summer, and maximum day system demands. Compare annual water consumption data to estimate water loss. Review individual water consumption data and summarize water usage by category. Review available 24-hour SCADA data to estimate peak hour demand. 2.7. Planning/Evaluation Criteria. Consultant will work with the City staff and the local fire authority to identify other planning criteria pertinent to the hydraulic modeling. This is anticipated to include required minimum fire flows for up to 30 key structures as well as target fire flows for various land uses (residential, commercial, and industrial). 2.8. Conference Call #1. Consultant will chair and participate in a conference call with the Owner to review findings from preliminary field work, demand analysis, and to develop consensus on planning criteria. 2.9. Model Development. Utilizing the GIS as a base, Consultant will develop the model network including available pipe size and material information. Assign elevations based on available contour data. Assign preliminary pipe roughness factors based on pipe materials. Utilize available pump curves, drawdown data, and field pump tests to model pumping facilities. Utilize available record drawings to model tanks. Develop average day, maximum day, and peak hour demand scenarios. Develop an available fire flow scenario utilizing fire flow requirements assigned to model notes and maximum day demand. Develop a 24-hour model simulation utilizing the demand curve developed from City SCADA data and system controls provided by City staff. Provided that the City can provide the individual water consumption data in a format that can readily be linked to the GIS, Consultant will link individual water meter data to the closest model node for a highly accurate distribution of system demands. In the event that the water consumption data cannot be readily linked to the GIS, Consultant will distribute demands uniformly based on land use. Special attention will be given to the top 20 water users to check that these user demands are properly allocated. 2.10. Model Calibration. Consultant will utilize hydrant flow test data to check static and dynamic conditions of the model. Compare model flows and pressures to those observed in the field. Adjust model parameters to more closely simulate field conditions. It should be noted that sometimes local conditions (i.e. wrong pipe size or closed valve) can result in model conditions not matching field conditions. Where these occur, Consultant will highlight these locations for additional future field investigations by the Moses Lake Council Packet 12-19-19, Page 106 of 147 Owner. As an optional additional service, Consultant can assist with additional field testing and investigations. 2.11. Workshop #1. The Consultant will chair an in-person workshop with the Owner. The purpose of this workshop will be to review information completed above and receive Owner input. 2.12. Draft Documentation. The Consultant will summarize work completed to date in a technical draft memorandum. Provide this to the Owner for review and comment. 2.13. Software / model training. Consultant will provide one day (in person) of computer model training tailored to the Moses Lake system. Additional training support, if needed, will be provided remotely as an additional service. 2.14. Address Owner Comments and Finalize. Consultant will address Owner comments and prepare final technical memorandum. Also, provide calibrated hydraulic model. Owner Responsibilities: • Generally, provide requested data within two weeks of request. Provide electronic copy of available records, drawings, and data. Provide daily well production data in spreadsheet format for previous 5 years. Provide water consumption data in spreadsheet format for all users, including separate columns for account name, billing category, address (or meter ID if available in GIS and billing system), and monthly water consumption for the previous 12 months. • Provide staff for field work, including hydrant testing, as required. Provide SCADA tank levels as well as discharge pressures and flows from pumping facilities during hydrant tests. • Provide input on planning criteria, including target fire flows and fire flow requirements for key structures. • Attend and participate in conference call meetings and workshops. Provide venue for meetings and staff equipment and venue for training. • Provide timely review of draft materials. Assumptions: • Hydraulic analysis will utilize pipeline attribute information included in the Owner’s GIS shapefiles. If supplemental data is needed, this will be provided by the Owner. • Consultant may rely on information provided by Owner, Owner’s consultants and contractors, information from public records, publishers of technical standards, and information ordinarily or customarily furnished by others. • Conference call, Workshop, and training will be coordinated with the other utility hydraulic models. Deliverables: • Request for Information – electronic copy • Meeting agenda and minutes – electronic copy • Draft and final technical memorandum – electronic copy • Final calibrated hydraulic model – electronic copy Task 3: Wastewater Collection Model – Consultant will prepare a wastewater collection hydraulic model using Innovyze software. The following subtasks are anticipated: 3.1. Request for Information (RFI). The Consultant will prepare an RFI to request available GIS mapping and other information including pipe material, pipe diameter, pipe invert elevations, manhole rim elevations, and pump station locations; record drawings, control settings, and pump curves for lift stations; daily Moses Lake Council Packet 12-19-19, Page 107 of 147 pump run time data; WWTP daily influent flow data, including SCADA data for peak flow periods; along with other pertinent information that may be helpful in the hydraulic modeling process. 3.2. Review RFI Data. Consultant will review RFI data provided by the Owner including existing GIS data. Consultant will assist the Owner in identifying where missing pipe and manhole data exist and where adverse pipe grades are reported. Two rounds of GIS data review are anticipated with this scope of work. 3.3. Site Tour. Consultant will complete a site tour with City staff to the existing pumping facilities to assess general operations and work with City staff. The site tour is anticipated to be completed in conjunction with the kickoff meeting. Pump tests for up to 31 lift station facilities will be completed. Observed pumping rates will be compared to available pump curves and reported pump capacities. 3.4. Survey Check Plan and Evaluation. Consultant will identify up to 30 locations for the City to provide survey checks of the collection system. Consultant will review this data to the City’s GIS and identify if there are any substantive variations that warrant additional field work. Additional investigation support services can be provided, if needed, as an additional service. 3.5. Flow Monitoring. Consultant to prepare a flow monitoring plan corresponding to representative sewer basins. Consider areas of known capacity concerns identified by the Owner. Coordinate with Owner to install and read flow monitors. Consultant will provide up to eight flow monitors for a period of two weeks. Consultant will provide one staff to assist the Owner’s staff in installing and removing the flow monitors. Flow data will be processed and typical wastewater diurnal loading curves will be developed for each sewer basin. 3.6. Flow Analysis. Consultant will review available WWTP influent flow data for the 2015-2019 and summarize annual average, winter, summer, and maximum day system flows. Flow data will be compared to daily precipitation data to identify the seasonal and storm-related influence of infiltration and inflow. Review available 24-hour SCADA data to estimate peak hour demand. For the 2018-2019, summarize daily pump runtime data for the lift station (if available). Utilizing estimated pumping rates, estimate daily flows to assess average and max day conditions. Review individual wintertime water consumption data to summarize base flow (no infiltration and inflow) conditions. Also use this data and any available industry metered discharge data to identify top 20 peak dischargers to the collection system. 3.7. Planning/Evaluation Criteria. Consultant will work with the City staff to identify other planning criteria pertinent to the hydraulic modeling. This is anticipated to include target minimum and maximum velocities, pump redundancy, and improvement triggers. 3.8. Conference Call #1. Consultant will chair and participate in a conference call with the Owner to review findings from preliminary field work, flow analysis, and to develop consensus on planning criteria. 3.9. Model Development. Utilizing the GIS as a base, Consultant will develop the model network including available pipe size and material information. Assign elevations based on available data assigned to pipe inverts and manholes within the GIS. Only those gravity interceptor pipelines (those 10-inches in diameter and larger, plus up to 50,000 feet of 8-inch gravity pipelines) will be modeled. Smaller diameter pipelines will be utilized to identify sewer basins. Consultant will assign preliminary pipe roughness factors based on pipe materials. Utilize available pump curves, record drawings, operating setpoints, and field pump tests to model pumping facilities. Develop a 24-hour model simulation for the target calibration event. Moses Lake Council Packet 12-19-19, Page 108 of 147 Provided that the City can provide the individual water consumption data in a format that can readily be linked to the GIS, Consultant will link individual water meter data to the appropriate sewer basin to establish base system flows. In the event that the water consumption data cannot be readily linked to the GIS, Consultant will distribute loads uniformly based on land use or other readily assessible data. Special attention will be given to the top 20 dischargers to check that these user demands are properly allocated. Available flow data will be used to provide initial allocations of groundwater infiltration and inflow into the model. 3.10. Model Calibration. Consultant will utilize flow monitoring data to check field conditions to the model. Adjust model parameters to more closely simulate field conditions. Identify those basins where more significant adjustments are required to simulate field conditions as these may be areas where the City will want to investigate more fully in the future. If desired, the Consultant can assist with additional field investigations (i.e. additional flow testing, smoke testing, nighttime flow monitoring, and dye testing) as an additional service. 3.11. Workshop #1. The Consultant will chair an in-person workshop with the Owner. The purpose of this workshop will be to review information completed above and receive Owner input. 3.12. Draft Documentation. The Consultant will summarize work completed to date in a technical draft memorandum. Provide this to the Owner for review and comment. 3.13. Software / model training. Consultant will provide one day (in person) of computer model training tailored to the Moses Lake system. Additional training support, if needed, will be provided remotely as an additional service. 3.14. Address Owner Comments and Finalize. Consultant will address Owner comments and prepare final technical memorandum. Also, provide calibrated hydraulic model. Owner Responsibilities: • Generally, provide requested data within two weeks of request. Provide electronic copy of available records, drawings, and data. Provide DMR and lift station data in spreadsheet format. • Assist in identifying water users that do not discharge to the City’s collection system or fully consume water. Also assist in identifying and quantifying discharges for users with private water supplies. • Provide surveying and field investigations to provide survey checks and resolve concerns identified by Consultant. Update GIS to reflect updated information. • Provide input on areas of known capacity concerns. • Provide input on which 8-inch pipelines to include in the modeling effort, with emphasis on those areas serving larger areas or anticipated to be extended to service future growth areas. • Provide staff for field work, including traffic control and confined space entry assistance for installing and removing flow meters. • Provide input on planning criteria and participate in conference call meetings and workshops. Provide venue for meetings and staff equipment and venue for training. • Provide timely review of draft materials. Assumptions: • Hydraulic analysis will utilize pipeline attribute information included in the Owner’s GIS shapefiles. If supplemental data is needed, this will be provided by the Owner. • Consultant may rely on information provided by Owner, Owner’s consultants and contractors, information from public records, publishers of technical standards, and information ordinarily or customarily furnished by others. Moses Lake Council Packet 12-19-19, Page 109 of 147 • Conference call, Workshop, and training will be coordinated with the other utility hydraulic models. Deliverables: • Request for Information – electronic copy • Meeting agenda and minutes – electronic copy • Draft and final technical memorandum – electronic copy • Final calibrated hydraulic model – electronic copy Task 4: Stormwater Model – Consultant will prepare a stormwater hydraulic model using Innovyze software. The following subtasks are anticipated: Consultant Responsibilities: 4.1 Request for Information (RFI). The Consultant will prepare an RFI to request available GIS mapping information including contour data, utilities, right-of-way, and easement information within city limits, along with other pertinent information that may be helpful in the hydraulic modeling process. 4.2 Review RFI Data. Consultant will review RFI data provided by the Owner including existing GIS data. Consultant will assist the Owner in identifying where missing pipe, manhole, catch basin, outfall, and/or storm facilities exist and where adverse pipe grades are reported. Two rounds of GIS data review are anticipated with this scope of work. 4.3 Site Tour. Consultant will complete a site tour with City staff to existing stormwater treatment facilities and pipe outfalls to assess general conditions and operation. For budgeting purposes, the site tour is anticipated to be completed in conjunction with the kickoff meeting. 4.4 Survey Check Plan and Evaluation. Consultant will identify up to 30 locations for the City to provide survey checks of the stormwater system. Consultant will review this data with the City’s GIS and identify if there are any substantive variations that warrant additional field work. Additional investigation support services can be provided, if needed, as an additional service. 4.5 Flow Monitoring. Consultant to prepare a flow monitoring plan corresponding to representative storm basins. Coordinate with Owner to install and read flow monitors. Consultant will provide up to eight flow monitors for a period of up to four weeks. Consultant will provide one staff to assist the Owner’s staff in installing and removing the flow monitors. Consultant will collect interim data from the monitors once during the period. Flow data will be processed and compared to rainfall data. 4.6 Planning/Evaluation Criteria. Consultant will define the study area and planning criteria pertinent to the hydraulic modeling. This is anticipated to include design stormwater events (i.e. 25-year, 24-hour storm event), runoff calculation method (SCS Curve Method), outfall conditions, and improvement triggers. 4.7 Conference Call #1. Consultant will chair and participate in a conference call with the Owner to review findings from preliminary field work, flow analysis, and to develop consensus on planning criteria. 4.8 Hydrologic Model Development. Consultant will partition the stormwater basins into separate, smaller basins using Owner provided contour data. An InfoSWMM model will be developed to simulate the runoff. Basin delineations and hydrologic parameters will be developed for each of the 53 existing outfalls into the surface water. NRCS soil data will be used to assign infiltration and runoff characteristics to basins. Moses Lake Council Packet 12-19-19, Page 110 of 147 4.9 Hydraulic Model Development. Utilizing the GIS as a base, Consultant will develop the existing stormwater pipe network including available pipe size and pipe material information. Assign elevations based on available data assigned to pipe inverts and manholes within the GIS. This includes those gravity interceptor pipelines 12-inches in diameter and larger will be modeled, and up to 20,000 feet of 10-inch diameter pipelines corresponding to longer runs of 10-inch pipelines. Catch basins, connector pipelines, and bubble ups will not be modeled. Up to two pumping facilities are anticipated. For small basins without larger trunklines and detention facilities, only the hydrologic model will be developed. Consultant will assign preliminary pipe roughness factors based on pipe materials. InfoSWMM software will be used for modeling. 4.10 Model Calibration. Consultant will utilize flow monitoring data and City staff historical observations to check field conditions to the model. Basins where flow monitoring may not be available will be assumed to have similar characteristics to nearby monitored basins. Adjust model parameters to more closely simulate field conditions. Identify those basins where more significant adjustments are required to simulate field conditions as these may be areas where the City will want to investigate more fully in the future. If desired, the Consultant can assist with additional field investigations (i.e. additional flow testing, smoke testing, nighttime flow monitoring, and dye testing) as an additional service. 4.11 Workshop #1. The Consultant will chair an in-person workshop with the Owner. The purpose of this workshop will be to review information completed above and receive Owner input. 4.12 Draft Documentation. The Consultant will summarize work completed to date in a technical draft memorandum. Provide this to the Owner for review and comment. 4.13 Software / model training. Consultant will provide one day (in person) of computer model training tailored to the Moses Lake system. Additional training support, if needed, will be provided remotely as an additional service. 4.14 Address Owner Comments and Finalize. Consultant will address Owner comments and prepare final technical memorandum. Also, provide calibrated hydraulic model. Owner Responsibilities: • Generally, provide requested data within two weeks of request. Provide electronic copy of available records, drawings, and data. Provide previous reports and available stage-storage-discharge relationships for existing detention basins. • Provide surveying and field investigations to provide survey checks and resolve concerns identified by Consultant. With input from Consultant, provide additional survey (if needed) to define detention basins and control structures where this information is not readily available. For any open channel conveyance segments, survey typical cross sections to define the channel geometry. • Update GIS to reflect updated information. • Photograph and label each stormwater outfall. Provide input on outfall conditions to be modeled (i.e. free outfall, submerged outfall). • Provide staff for field work, including traffic control and confined space entry assistance for placing, interim check, and removing flow meters. • Provide rainfall data in 5-15 minute intervals for the period of flow monitoring. • Provide input on planning criteria and participate in conference call meetings and workshops. Provide venue for meetings and staff equipment and venue for training. • Provide timely review of draft materials. Moses Lake Council Packet 12-19-19, Page 111 of 147 Assumptions: • Hydrologic model development will use the USDA Urban Hydrology for Small Watersheds TR-55 methodology. The model consists of predominately pipelines and detention facilities, with minimal (i.e. less than 2000 feet) of open channel conveyance systems. • NRCS available soil data will be used to define infiltration and runoff characteristics of basins. • For areas where drywells capture the stormwater, the drywells are assumed to capture all of the flow and no runoff will be assumed. Completing any stormwater infiltration testing of drywells as well as incorporating these results in the model will be completed as an additional test. • Hydraulic analysis will utilize pipeline attribute information included in the Owner’s GIS shapefiles. If supplemental data is needed, this will be provided by the Owner. • Consultant may rely on information provided by Owner, Owner’s consultants and contractors, information from public records, publishers of technical standards, and information ordinarily or customarily furnished by others. • Conference call, Workshop, and training will be coordinated with the other utility hydraulic models. Deliverables: • Request for Information – electronic copy • Meeting agenda and minutes – electronic copy • Draft and final technical memorandum – electronic copy • Final calibrated hydraulic model – electronic copy Task 5: Additional Services – Owner may elect to authorize the following additional services. This task is intended to provide the Owner the option to provide additional out of scope services. These may include supplemental field support, extended flow monitoring, and ongoing software maintenance support. These services will be provided only if requested by the Owner. For budgeting purposes, a time and materials budget has been set aside for these services. This budget is based on the following project elements: • 32 hours of additional field support. • Existing Water System Evaluation. Utilizing the calibrated hydraulic model, evaluate the existing system. This includes evaluating minimum pressures during peak hour demand events, comparing available fire flows to required fire flows, and summarizing tank and well operations using 24-hour demand simulations. Summarize observed deficiencies in tables and figures and review along with the other hydraulic model information with the Owner as part of Workshop #1. • Existing Wastewater System Evaluation. Utilizing the calibrated hydraulic model, evaluate the existing system. This includes evaluating minimum velocities during average flow conditions and evaluating peak hour velocities. The evaluation includes evaluating the depth of peak hour flow compared to the diameter to generally assess which pipelines are approaching or exceeding the design flow criteria. Compare peak hour flows to pump station firm capacities. Summarize observed deficiencies in tables and figures and review along with the other hydraulic model information with the Owner as part of Workshop #1. • Existing Stormwater System Evaluation. Utilizing the calibrated model, evaluate the existing system. This includes evaluating a design storm event (25-year, 24-hour event) utilizing the SCS Curve Method. Summarize observed conditions in tables and figures and review along with the other model information with the Owner as part of Workshop #1. • Drywell infiltration test support services. Moses Lake Council Packet 12-19-19, Page 112 of 147 • Extending stormwater monitoring for one additional month in the event that we are not able to capture storm events during the first month of flow monitoring. • 36 hours of additional ongoing software support services COMPENSATION As compensation for services to be performed by Consultant, the City will pay Consultant as described in the following table. The total authorized budget amount shall not be exceeded without authorization from the City. For time and materials tasks, services will be completed only if authorized by City staff and compensation will be according to Keller Associates’ standard billing rates updated annually in January. TASK Cost Type Task 1 – Project Management and Meetings $ 18,080 Lump Sum Task 2 – Water Distribution Model $ 73,055 Lump Sum Task 3 – Wastewater Collection Model $ 109,110 Lump Sum Task 4 – Stormwater Model $ 121,535 Lump Sum Task 5 – Additional Services $ 66,860 Time and Materials Total $ 388,640 Moses Lake Council Packet 12-19-19, Page 113 of 147 Task DescriptionPrincipal in ChargeProject ManagerSenoir EngineerProject EngineerProject Engineer (EI)ACAD/GIS Tech.AdminDirect CostsTotal1 Project Management and Meetings (LS)Project setup and accounting 2 13 6 $3,540Assumes 10 month scheduleInternal project management and coordination2 30105$8,060Assumes 10 month scheduleProject schedule management310$1,800Assumes 10 month scheduleKickoff mtg10162 $600 $4,680Task Total 4 56 0 36 0 0 13 $600$18,0802 Water Distribution Model (LS)Request for information24$880Includes 1 request and one follow-up requestData review2 1 82$1,675GIS support1108$2,240Assumes 2 roundsTours (tanks and pump stations)18$400 $1,560Coordinate with kickoff mtg, incl/ 20 pump facilities (2 days)Pump tests and pump evaluation2 2 20 20$5,210Pump tests (completed with tours)Hydrant testing plan, and hydrant tests120 8$100 $3,540Includes 2 people onsite one day, plus City staffFire flow requirements16$920Demand analysis48 20$3,860Planning/evaluation criteria16 2$1,130Conference Call #122$640Coordinate with WW and SWModel development - existing physical system w/controls8 2 40 100$3,000 $20,210Includes $3000 software maintenance feeModel development - demand allocation324 32$6,840Model calibration4 1 60$8,155Workshop10104 2 $500 $4,280Coordinated with other planning workshopsDraft documentation4 3 16 16 2 6 $200 $5,755Software/model training1161 $400 $2,6001 day training; combined with other utilitiesAddress City comments and finalize deliverables1 48824$200 $3,560Task Total 1 51 9 266 206 16 15 $4,800$73,0553 Wastewater Collection Model (LS)Request for information 2 4 $880Data review 2 1 12 2 $2,155GIS support 2 34 $4,480Trunklines onlyTours (pump stations)130$600 $4,40031 pump stations; assumes 3 daysPump tests and pump evaluation4 2 62 31$11,80531 pump stations; testing completed during toursSurvey check plan and evaluation34 121$2,420Surveying completed by City; excludes additional surveyFlow monitoring plan, flow monitoring362 242 $5,200 $15,920Up to 8 sites; City to do confined space entry; meters $650/ea (2 wks), coordinated with SWWWTP, LS, and peak user flow analysis318 404$7,280Planning/evaluation criteria16 2$1,130Conference Call #122$640Coordinated with other utilitiesModel development - existing physical system w/controls10 2 44 110$1,500 $20,640Includes trunklines only; includes $1500 software feeModel development - load allocation424 58$9,770Model calibration4 1 80 8$11,395Workshop884 2 $500 $3,640Coordinated with other utiltiiesDraft documentation4 3 20 16 2 5 $200 $6,155Software/model training1161 $400 $2,6001 day training; combined with other utilitiesAddress City comments and finalize deliverables1 410 8 2 4 $200 $3,800Task Total 1 58 9 436 309 8 21 $8,600$109,110K:\_PROPOSALS\19152 Moses Lake Hydraulic Modeling\w_SCOPE OF WORK\Moses Lake Hydraulic Models _KA Fee Estimate_2019-12-18.xlsxMoses Lake Council Packet 12-19-19, Page 114 of 147 4 Stormwater Model (LS)Request for information 1 2 5 $1,110Data review 1 4 12 2 $2,420GIS reviews 1 3 38 8 $6,065Tours (detention/retention ponds) 2 16 $200 $2,430coordinate with kickoff mtgSurvey check plan and evaluation1 8 161$2,875Surveying completed by City; excludes additional surveyFlow monitoring plan, flow monitoring1 2 62 242 $9,600 $20,230Up to 8 sites; City to do confined space entry; meters $1200/ea (1 mo), coordinated with SWPlanning/evaluation criteria1 4 14 2$2,710Conference Call #11 2 2$750Coordinated with other utilitiesHydrologic model development3 8 55 135 12$1,500 $25,375Includes $1500 software maintenance feeHydraulic model development - physical system4 6 70 160 12$28,190Includes trunklines onlyModel calibration4 2 80 12$11,970Workshop388242$500 $4,090Coordinated with other utiltiiesDraft documentation3 6 24 16 2 5 $200 $6,900Software/model training1161 $400 $2,6001 day training; combined with other utilitiesAddress City comments and finalize deliverables1 1 4 10 8 2 4 $200 $3,820Task Total 1 25 54 420 375 40 17 $12,600$121,5355 Additional Services (T&M)Additional field support 1 16 16 $3,800Water - Existing system evaluation -- Peak Hour 2 14 4 $2,500Water - Existing system evaluation -- Max Day plus Fire 4 20 8 $4,040Water - Existing system evaluation -- 24 hour simulation324 4$3,900Water - Summarize existing deficiencies614$2,880WW - Existing system eval -- Peak Hour Flow / 24 hr438 4$5,780WW - Existing system evaluation -- Average Day Flow220 4$3,220WW - Summarize existing deficiencies620 4$4,020Storm - Existing system eval -- Design storm event2 6 24 8$5,050Storm - Additional storm event2 6 15 4$3,550Storm - Summarize existing deficiencies2 4 18 8$4,020Drywell infiltration test support2 8 20 8$4,880Includes testing plan support and review of data (4 sites)Extend stormwater monitoring one month2 4 40 16$7,200 $14,700Ongoing software maintenance support136$4,520Task Total 0 39 28 319 84 4 0 $7,200$66,860Total 7 229 100 1477 974 68 66 $33,800$388,640TOTAL COSTS$388,640LS = Lump Sum; T&M = Time and MaterialsK:\_PROPOSALS\19152 Moses Lake Hydraulic Modeling\w_SCOPE OF WORK\Moses Lake Hydraulic Models _KA Fee Estimate_2019-12-18.xlsxMoses Lake Council Packet 12-19-19, Page 115 of 147 STAFF REPORT To: City Council From: Kevin Fuhr, Interim City Manager Date: December 13, 2019 Proceeding Type: Old Business Subject: Airport Lease Legislative History: • First Presentation: December 19, 2019 • Second Presentation: January 14, 2020 • Action: Motion Staff Report Summary Attached is the revised airport lease that was created through the airport lease sub-committee. There are still two areas of concern from legal staff that need to be decided by the Council. Those two topics involve insurance and length of term. Background The Council has been discussing the airport lease issue for the past year. A sub-committee was formed to discuss the issues that the lease holders were having with the terms and insurance requirements. Legal counsel was part of the sub-committee and has concerns with those two areas, which will need to be decided by the Council. Staff Recommendation Staff Recommends Council decide on the two remaining issues and then agree to the terms of the lease. Attachments A. Airport lease Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Airport Lease December 11, 2019 Moses Lake Council Packet 12-19-19, Page 116 of 147 AGREEMENT FOR LEASE OF SPACE ON THE MOSES LAKE MUNICIPAL AIRPORT This agreement is made and entered into on January 1, 2018 by and between the City of Moses Lake, a Washington non-charter code city hereinafter referred to as "Lessor", and «First_Name», hereinafter referred to as "Lessee". WHEREAS, the Lessor is in possession of an airport commonly known as "Moses Lake Municipal Airport", and WHEREAS, the Lessee is desirous of leasing property on a portion of the airport; NOW, THEREFORE, the parties hereto enter into the following agreement for the rental of property for use as an aircraft hangar, or other appropriate uses as allowed by the City of Moses Lake. 1. Designation of Property: The Lessor hereby leases to the Lessee Parcel [insert] at the Moses Lake Municipal Airport as designated on Municipal Tract #12, Lot 2 Commercial Binding Site Plan, recorded January 27, 1999 (the “Premises”). 2. Term: The term of this agreement shall be from January 1, 2018 to and including December 31, 2028. 3. Use: The leased property is to be used for the purposes as designated by the City of Moses Lake and as are consistent with the Moses Lake Municipal Code section 18.35.020. The primary use of the property shall be for aviation uses. The Lessee shall not use the said Premises in such a manner to interfere with the rights of other airport users or the Lessor. The Lessee shall not use said Premises in any illegal manner. Any storage of household items, boats, trailers, RV’s, vehicles, and other non-aviation related items shall be permitted only in conjunction with, and secondary to, the primary aviation use. All use of the property must comply with any rules of the Airport Commission. 4. Cost of Space and Utilities: Beginning January 1, 2018 the cost for leasing the property shall be 6.2 cents ($.062) per square foot per year for commercial properties and 11.3 cents ($.113) per square foot per year for non-commercial properties. Non-commercial property shall be increased by fifty percent (50%) for hangars with doors at one side to take into account the movement area outside the hangar and by one hundred percent (100%) for hangars with doors at both sides to take into account the movement area outside the hangar. Properties are designated commercial or non-commercial by the Moses Lake Airport Commission. The lease rate shall be increased annually by the September to September West Coast-B/C All Urban Consumer Price Index as reported by the U. S. Department of Labor. Payment shall be made to the Lessor by the Lessee pursuant to the option selected by Lessee below: ﬦ in full on or before January 31st of each year, or ﬦ paid one-half on or before January 31st and one-half on or before July 31st of each year (Lessee shall initial his/her selection) Lessee shall make all arrangements for and pay for all utilities and services furnished to or used by it, including without limitation, gas, electricity, water, telephone service, janitorial service, snow removal, and trash collection, and for all connection charges. 5. Alterations and Improvements: Lessee shall not make any alterations or improvements to the Premises without Lessor’s written consent. Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work. The Lessee shall be responsible for any charges attributable to improvements on the leased property assessed by any governmental agency or private party including, but not limited to, all Moses Lake Council Packet 12-19-19, Page 117 of 147 utility connection fees, hook up and utility system development charges and fees, electrical connection charges and fees, etc. Additionally, the Lessee shall pay all such charges previously assessed against the property which are due and outstanding at the time this lease is executed. If Lessee makes any alterations or improvements to the Premises as provided in this paragraph, the alterations or improvements shall not be commenced until ten (10) days after Lessor has received notice from Lessee stating the date the installation of the alterations or improvements is to commence so that Lessor can post and record an appropriate notice of non-responsibility if it so elects. Lessee shall pay all costs for construction done by it or caused to be done by it on the Premises as permitted by this Lease Agreement. Lessee shall keep the Premises free and clear of all mechanic’s and/or materialmen’s liens resulting from any construction done by or for Lessee. At the termination of this agreement, the Lessee shall have the option of either removing the improvements placed on said ground space within ninety (90) days of the date of termination, or with the consent of the Lessor leave the improvements for the ownership and use of the Lessor. If the Lessor refuses to acquire ownership of the improvements the Lessee will be responsible for removal of all improvements or remnants thereof and the clean-up of the property prior to release from this agreement. Lessee shall at all times during this Lease maintain property insurance at its sole cost and in such amounts and coverages as determined adequate by Lessor for all improvements on the Premises in order to protect such improvements from hazards such as fire, casualty, vandalism, and other damages. 6. Construction: Prior to construction of any structures, additions, improvements, or major modifications, plans must be presented to the Airport Commission for its suggestions and review and then to the Building Division of the City of Moses Lake for its approval and granting of a building permit. The cost of construction shall be the responsibility of the Lessee. Lessee shall complete building projects within one hundred twenty (120) days. Construction shall be in a neat and orderly manner and shall in no way hinder on-going aircraft operations or interfere with other airport users. Prior to an occupancy permit being issued, all debris and material shall be removed from the Premises. 7. Sublease and Assignment: This Lease is personal to the Lessee and Lessee covenants and agrees not to assign this Lease, or any interest therein, and not to sublet the Leased Premises or any part thereof, without first obtaining written consent from Lessor. Lessor’s consent shall not be unreasonably withheld, but consideration will be given to the financial status, reputation, and compatibility of the proposed assignee/sub lessee. Any proposed or existing assignment or sublease shall be subject to all provisions of this Lease, including this assignment/subletting restriction and the use restrictions of the Premises, and the Lessee will remain liable under the terms of this Lease during the term of any sublease. Upon the occurrence of an event of default, if the Premises or any part thereof are then assigned or sublet, Lessor, in addition to any other remedies herein provided or provided by law, may at its option collect directly from such assignee or sub lessee all rents becoming due to Lessee under such assignment, transfer, or sublease and apply such rent against any sums due to Lessor from Lessee hereunder, and no such collection shall be construed to constitute a novation or a release of Lessee from the further performance of Lessee’s obligations hereunder. 8. Safety and Health Regulations: It is the agreement and understanding of both parties that Lessee shall have the sole and complete responsibility for ensuring a safe work place and compliance with all applicable health and safety regulations, whether state or federal. 9. Indemnification and Hold Harmless: The Lessor shall not be liable to the Lessee, or to any person or persons whomsoever, for any damage to the property for injury to or death of any person arising out of or in any way connected with the possession, maintenance, or operation of said Premises, improvements or equipment by the Lessee. Lessee shall defend, indemnify, and Moses Lake Council Packet 12-19-19, Page 118 of 147 hold harmless the Lessor, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee’s use of Premises, or from the conduct of Lessee’s business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee'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. 10. Insurance: A. Insurance Term: The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee’s operation and use of the leased Premises. B. No Limitation: Lessee’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance: Lessee shall obtain insurance of the types and coverage described below: 1. Comprehensive General Liability insurance for commercial operators shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Lessor shall be named as an additional insured on Lessee’s Comprehensive General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. Private operators are required to obtain aircraft insurance including aircraft liability insurance covering injury and property damage to third parties arising out of the ownership, operation, or maintenance of aircraft on Lessor’s property in a form satisfactory to the Lessor. 2. Property insurance shall be written on an all risk basis. 3. Automobile liability 4. Hangar-keeper’s liability if Lessee has non-owned aircraft under its care, custody, or control, including consignment aircraft sales. D. Minimum Amounts of Insurance: Lessee shall maintain the following insurance limits: 1. Comprehensive General Liability insurance and aircraft and aircraft liability insurance shall be written with limits no less than $1,000,000 each occurrence with aircraft exclusions deleted. 2. Property insurance shall be written covering the full value of Lessee’s property and improvements with no coinsurance provisions. 3. Automobile liability with limits no less than $1,000,000 any auto. Moses Lake Council Packet 12-19-19, Page 119 of 147 4. Hangar-keeper’s liability shall be equal to the value of the aircraft in Lessee’s care, custody, or control. E. Other Insurance Provisions: The Lessee’s Comprehensive General Liability or aircraft and aircraft liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any Insurance, self- insurance, or self-insured pool coverage maintained by the Lessor shall be excess of the Lessee’s insurance and shall not contribute with it. Lessee’s insurance policy or policies shall not include any other entity or party as a named insured other than Lessee and the Lessor as an additional insured. F. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. G. Verification of Coverage: Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. The parties recognize the inherent risks of aviation related uses and operations on airports and, accordingly, the Lessor’s liability exposure as property owner and landlord. Therefore, it is expressly understood and agreed that Lessee shall deliver the original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, to Lessor evidencing all required insurance coverage; failure to provide Lessor with such documentation shall constitute a material breach of this Lease for which Lessor may terminate this Lease as provided for herein. Such documentation shall be provided to Lessor within ten (10) days of the execution of the Agreement and within thirty (30) days of the beginning of each consecutive year. H. Waiver of Subrogation: Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. I. Lessee’s Property Insurance: Lessee shall purchase and maintain during the term of the lease all-risk property insurance covering the Building for its full replacement value without any coinsurance provisions. J. Notice of Cancellation: The insurance policies shall contain a clause prohibiting cancellation or termination of the policies without first giving ten (10) days’ prior written notice of such cancellation or termination to the Lessor K. Failure to Maintain Insurance: Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five (5) business days’ notice to the Lessee to correct the breach, terminate the Lease 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 Lessor on demand. L. Lessor Full Availability of Lessee Limits: If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Comprehensive General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor evidences limits of liability lower than those maintained by the Lessee. 11. Taxes and Licenses: The Lessee shall pay, before their respective due dates, all taxes, fees, assessments and/or licenses which may be assessed against the improvements placed on the ground space, or be payable by reason of the use and occupancy of said space by the Lessee. Moses Lake Council Packet 12-19-19, Page 120 of 147 Lessee shall be liable for, and shall pay throughout the term of this Lease Agreement any leasehold tax assessed by the State of Washington (which is currently 12.84%) in lieu of property tax, to be paid concurrently with annual rent during the term of said Lease Agreement. 12. Laws: The Lessee agrees to conform to any and all rules and regulations adopted by the City, the state, or the Federal Aviation Administration relative to operation and control of space at the Moses Lake Municipal Airport. Upon a written request by Lessor, Lessee will verify, within a reasonable time frame, compliance with any rules, laws, regulations or other applicable requirements. Lessee shall not delegate or contract away any of these responsibilities. 13. Inspection: The Lessor shall have the right to inspect the interior of any building, at any reasonable time upon notice and request made to the Lessee. 14. Maintenance: Lessee covenants and agrees to maintain, at its cost, the Premises and any improvements in good condition throughout the term of this Lease Agreement. Lessor shall have no further responsibility to maintain the Premises. Lessee shall be responsible for weed control, snow removal, and normal maintenance including janitorial services. Lessee shall further be responsible to keep and maintain the sewer system servicing the building in good working order and free from any blockage or obstructions. Lessor shall not be responsible for any damages to the Premises caused by vandalism, malicious mischief, or theft by third parties. Securing the Premises shall be the responsibility of the Lessee. 15. Access Rights: The Lessee is given the right of ingress and egress of ground vehicles between the leased property and public road via designated roadways on the airport but not on the airport taxiways. The Lessee is given the right of aircraft movement to or from the runway via airport taxiways. 16. Flammable Material Storage: The Lessee shall not store any flammable materials except: A. Those in the fuel or lubrication system of a motorized device stored on the grounds. B. Unless the storage device is approved by current regulations or has been in continuous use since being established under those regulations in effect at the time of installation. C. A reasonable amount of petroleum products for personal use, except for the Lessees of commercial lots. In addition to storing a reasonable amount of petroleum products for personal use, commercial lot Lessees may store petroleum products for sale so long as the storage facilities have been approved by the City Manager and all other applicable permits have been applied for and received. 17. Risk of Loss: The Lessor shall never be responsible for loss of improvements placed on the Premises by the Lessee or the loss, damage, or destruction of aircraft or other property stored on the Premises except as a direct result of the negligence of the Lessor or its employees. 18. Events of Default: The occurrence of any one of the following events shall constitute a material breach and default under this Lease by Lessee: A. Lessee shall have failed to pay an installment of rent or any other amount payable hereunder when due, where such failure shall continue for a period of ten (10) days after written notice from Lessor to Lessee notifying Lessee of its failure to pay such amounts. B. Lessee shall have failed to execute and deliver such documents as required by Section 6 and within the time periods specified, where such failure shall continue for a period of three (3) business days after written notice thereof from Lessor. C. There shall be a default of any condition, covenant, agreement or other obligation on the part of Lessee (other than those defaults as described in subsections (a) and (b) hereof) Moses Lake Council Packet 12-19-19, Page 121 of 147 to be kept, observed or performed hereunder, and such default shall be continuing for a period of more than thirty (30) days after written notice by Lessor to Lessee specifying the default and requiring that it discontinue. D. If Lessee fails to comply with the requirements for insurance pursuant to Section 10 hereof or, if any policy of insurance upon the Property or any part thereof from time to time carried by Lessor shall be cancelled or about to be cancelled by the insurer by reason of the use or occupation of the Premises by Lessee or any of Lessee's Employees, or anyone permitted by Lessee or such other parties to be upon the Premises and Lessee after receipt of notice in writing from Lessor shall have failed to take such immediate steps as shall enable Lessor to reinstate or avoid cancellation (as the case may be) of such policy of insurance. E. The Premises shall, without the prior written consent of Lessor, be used (i) by any persons other than Lessee or its permitted assigns or sub lessees (ii) for any purpose other than that for which they were leased or occupied, or (iii) by any persons whose occupancy is prohibited by this Lease. F. The Premises shall be vacated or abandoned, or remain unoccupied without the prior written consent of Lessor, for sixty (60) or more consecutive days while capable of being occupied. G. The balance of the Term of this Lease or any of the goods and chattels of Lessee located in the Premises shall at any time be seized in execution pursuant to a non-appealable judgment. H. Lessee commences any bankruptcy, reorganization or insolvency proceeding, or other proceeding under any federal, state or other law for the relief of debtors. I. Lessee fails to obtain the dismissal, within ninety (90) days after the commencement thereof, of any bankruptcy, reorganization or insolvency proceeding, or other proceeding under any law for the relief of debtors, instituted against it by one or more third parties or fails actively to oppose any such proceeding, or, in any such proceeding, defaults or files an answer admitting the material allegations upon which the proceeding was based or alleges its willingness to have an order for relief entered or its desire to seek liquidation, reorganization or adjustment of any of its debts. 19. Authority to Obligate Lessor: Lessor, as owner of the property subject to this agreement, authorizes the City Manager, subject to approval by the City Council, as the individual authorized to execute or amend agreements and obligate the Lessor. 20. Rights and Reservations of Lessor: Lessor reserves the right to close the airport facility, including, but not limited to, the runways, taxiway, apron, parking facilities and any other areas incident to the airport for the purpose of maintenance, repair, further development or construction, or for the safety of the general public. 21. Hazardous Substances: Lessee certifies, represents warrants, covenants and agrees that: A. Lessee agrees to comply with all applicable local, state and federal environmental laws, regulations, ordinances and administrative and judicial orders relating to the generation, recycling, treatment, use sale, storage, handling, transport and disposal of any Hazardous Substances (as defined below) by any person in or around the Premises. Lessee will not, without Lessor’s prior written consent, keep in or around the Premises, for use, disposal, treatment, generation, storage, or sale, any Hazardous Substances. Moses Lake Council Packet 12-19-19, Page 122 of 147 B. Lessee has not and will not release or waive the liability of any party who may be potentially responsible for the presence or removal of Hazardous Substances on or from the Premises. C. Lessee shall be fully and completely liable to Lessor for, and shall indemnify and hold Lessor harmless from and against any and all actual or alleged claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Lessee or Lessor which arise or are alleged to arise directly or indirectly from or out of, or are in any way connected with any operations or activities (including, without limitation, use, disposal, transportation, storage, generation or sale of Hazardous Substances) in or around the Premises during Lessee’s possession or control of the Premises which directly or indirectly result in the Premises or any Other Property (as defined below) becoming contaminated with Hazardous Substances or otherwise violating any applicable law, rule or regulation pertaining to Hazardous Substances, and the cleanup of Hazardous Substances from the Premises or any Other Property. Lessee acknowledges that it will be solely responsible for all costs and expenses relating to investigation (including preliminary investigation) and cleanup of Hazardous Substances from the Premises or from any Other Property. D. As used in the Agreement, “Hazardous Substances” means any chemical, material, waste or similar matter defined, classified, listed or designated as harmful, hazardous, extremely hazardous, dangerous, toxic or radioactive, or as a contaminant or pollutant, or other similar term, by, and/or which are subject to regulation under, any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future, and as they may be amended from time to time, and shall include petroleum products and byproducts. As used in this Agreement, “Other Property” means any real or personal property (including, without limitation, surface or ground water) which becomes contaminated with Hazardous Substances as a result of operations or other activities on, or around the contamination of, the Premises. 22. Nondiscrimination: Pursuant to Title VI of the Civil Rights Act of 1964, and by Part 15 of the Federal Aviation Regulations, Lessee agrees it will not discriminate on the grounds of race, sex, color, or national origin, and will not permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations. Lessor reserves the right to take such action as the United States may direct to enforce the provisions of this covenant, or as it may find necessary. 23. Holding Over: If Lessee, with the implied or express consent of Lessor, shall hold over after expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month-to-month and shall be for a monthly rate of one hundred fifty percent (150%) of the last rental rate under the Lease. 24. Permits and Licenses: Lessee shall obtain and maintain in current status all permit and licenses that are required under any applicable laws and regulations in connection with Lessee’s use, occupancy, or operations at the Premises or airport. In the event that Lessee receives notice from any governmental entity that Lessee lacks, or is violation of, any such permit or license, Lessee shall provide Lessor with timely written notice of the same. 25. Nuisance Storage of Items: Lessee shall not store on the Premises any inoperable equipment, discarded or unsightly materials, or materials likely to create a hazard; shall not use areas outside of enclosed buildings for storage; and shall store trash in covered metal receptacles. Storage in violation of this section shall constitute a nuisance condition and an event of default subject to the remedies set forth in Section 18 above. Moses Lake Council Packet 12-19-19, Page 123 of 147 26. Survival: Lessee’s duty to defend, indemnify and hold Lessor harmless from all such claims, liability and damages arising out of the acts or omissions of Lessee shall survive the termination and/or expiration of this Lease. 27. Notices: Notices to the City, provided for herein, shall be sufficient if sent by certified mail, postage prepaid, addressed to: City Manager City of Moses Lake 401 S. Balsam Moses Lake, WA 98837 Notices to Lessee shall be sufficient if sent by certified mail, postage prepaid, addressed to:______________, or to such other respective address the parties may designate to each other in writing from time to time. 28. Governing Law, Attorney’s Fees, and Venue: This Lease shall be governed by and construed in accordance with the laws of the State of Washington. It is understood and agreed that in the event it is necessary for either party to engage the services of an attorney to enforce any provision of this lease, the prevailing party in such action shall be entitled to reasonable attorney fees in any state or federal court, including attorney fees and costs on appeal, in addition to the statutory attorney fees, even though said suit results in the forfeiture of this lease. Venue for any such proceedings shall be in Grant County, Washington. Without limiting any other provision of this Lease, in the event that Lessor employs an attorney (including the City Attorney) for the purpose of sending a notice to Lessee for the defaults or covenant violations of Lessee, then Lessee shall pay a reasonable attorney fee for the preparation and costs of delivery of the said notice. 29. Authority: If Lessee is a corporation, it shall deliver to the Lessor on execution of this Lease Agreement a certified letter signed by its board of directors authorizing the execution of this Lease Agreement and naming the officers that are authorized to execute this Lease Agreement on behalf of the corporation. If Lessee is a joint venture or partnership, all joint ventures or partners shall execute the Lease Agreement. If Lessee is a limited liability company, all members or managers shall execute the Lease Agreement. 30. Independent Advice. The Lessee acknowledges that it has ascertained and weighed all of the effects and circumstances likely to influence its judgment with respect to this Lease; that it has had the opportunity to seek and obtain independent legal advice, that all of the provisions hereof, as well as all questions pertinent thereto, have been fully, satisfactorily and independently examined and explained to it. 31. Cessation of Airport: In the event the Moses Lake City Council determines to cease operating the Moses Lake Municipal Airport permanently as an airport during the term of this Lease Agreement, Lessor and Lessee's mutual obligations hereunder will cease. Nothing herein shall be construed to interfere with the City's right to cease such operation for a valid and compelling governmental purpose including financial, regulatory, environmental, or operational reasons. Lessee agrees to waive any and all claims for damages should the Moses Lake Municipal Airport cease operation pursuant to this Section. Provided, however, that any Lessee wishing to remove improvements may do so in accordance with the provisions in Section 5, and provided further that in the event the City sells the airport property to a private third party, the airport property purchaser shall be required to pay to the Lessee 1.5% times the current Grant County Auditor’s assessed value of any Lessee-owned improvements. 32. Warranties/guarantees: The City makes no warranty or guarantee of any nature whatsoever concerning the condition of the leased Premises, including the physical condition thereof, or any condition which may affect the leased Premises, and it is agreed that the City will not be responsible for any loss, damage or costs which may be incurred by Lessee by reason of any such condition or conditions. Lessee shall be entitled to possession of the Premises upon Moses Lake Council Packet 12-19-19, Page 124 of 147 execution of this Lease Agreement and thereafter in accordance with the terms herein. Lessee’s taking possession of the Premises on commencement of the term shall constitute Lessee’s acknowledgment that the Premises are in good condition. Lessee has examined and inspected the Premises prior to entering into this Lease Agreement and accepts them in their present condition, AS IS. Lessor shall not be responsible to the Lessee for any damages or injuries to persons or property by reason of the conditions or construction of the Premises or any portion thereof, and the Lessor shall not be held to have made any representations or warranty whatsoever as to the construction, condition or usefulness of any portion of the Premises. 33. Non-waiver: Any waiver of any breach of covenants herein contained to be kept and performed by either party hereto, shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the other party hereto from declaring a forfeiture, termination or cancellation for any succeeding breach either of the same condition or covenant or otherwise. Acceptance or payment of rental shall not be deemed a waiver. 34. Landlord’s Lien: In addition to any statutory lien for rent in Lessor’s favor, Lessor shall have and Lessee hereby grants to Lessor a continuing security interest for all rentals and other sums of money becoming due hereunder from Lessee, upon all goods, wares, equipment, fixtures, furniture, inventory, accounts, contract rights, chattel paper and other personal property of Lessee situation on the Premises, and such property shall not be removed therefrom without the consent of the Lessor until all arrearages in rent as well as all other sums of money then due to Lessor hereunder shall first have been paid and discharged. In the event of a default under this Lease, Lessor shall have, in addition to any other remedies provided herein or by law, all rights and remedies under the Uniform Commercial Code, including without limitation the right to sell the property described in this paragraph at public or private sale. Lessee hereby agrees to execute such financing statements and other instruments necessary or desirable in Lessor’s discretion to perfect the security interest hereby created. Any statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. This lien shall be subordinate and subject to any Leasehold Mortgage encumbering the leasehold, including, without limitation, any security interest in and to all such property in favor of any of Lessee’s lenders. 35. Construction of Agreement: In the event of a dispute between the parties as to the meaning of terms, phrases, or specific provisions of the Lease Agreement, the authorship of this Lease Agreement shall not be cause for this Lease Agreement to be construed against any party nor in favor of any party. This Lease Agreement has been submitted to the scrutiny of all parties and their respective legal counsel, and shall be given a fair and reasonable interpretation in accordance with the words hereof without consideration or weight being given to its being drafted by or for one of the parties. 36. Entire Agreement: This Lease Agreement constitutes the whole agreement between the Lessor and Lessee and replaces and supersedes any prior agreements. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Lease Agreement shall be valid and effective unless evidenced by an agreement in writing. Dated: ____________________________, 2019 Dated: ___________________________, 2019 LESSEE CITY OF MOSES LAKE By _____________________________________ By ____________________________________ «First_Name» Kevin Fuhr, Interim City Manager Moses Lake Council Packet 12-19-19, Page 125 of 147 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Brett Bastian, Fire Chief Date: December 13, 2019 Proceeding Type: New Business Subject: 104’ Aerial Ladder Truck and Rescue Engine Contracts Legislative History: • First Presentation: December 19, 2019 • Second Presentation: • Action: Motion Staff Report Summary The Moses Lake Fire Department has received quotes and contracts for the 104’ Aerial Ladder Truck and Rescue Engine. The quotes received from General Fire are for Rosenbauer fire apparatus, Rosenbauer has been selected as the standardized apparatus to replace our existing fleet of E-One apparatus. Background Our fleet of E-One fire apparatus is aging and are all approaching the end of their service life. Washington Survey and Rating Bureau (WSRB) has noted that we do not have enough aerial apparatus capacity and we received significant deficiency points at the time of our last rating due to this issue and the overall age of our fleet. The quotes received are to provide new apparatus to replace our 27-year old ladder truck and a 23-year old fire engine. Fiscal and Policy Implications The apparatus are capital expenditures and have an estimated service life of 25 years for the aerial and 20 years for the engine. Our fleet is aging and is in need of replacement. Parts for our existing E-One fleet are increasingly hard to come by and repair costs are mounting on our older fleet apparatus. This includes a repair of over $30,000 to the ladder truck approximately 18 months ago. Failure to replace our fleet will place us at greater risk of slipping to a lower rating from WSRB and has the potential to negatively impact our taxpayers with higher insurance premiums on their homes and buildings if we do slip to that lower rating. Moses Lake Council Packet 12-19-19, Page 126 of 147 The proposed new apparatus provide increased pumping capacity and will allow us to get closer to our required fire flow as established by WSRB. The total contract price without sales tax is $1,939,749 for both vehicles. The contract price includes discounts for returning customer status and are guaranteed 2019 pricing. 2020 pricing is approximately 4% more than the 2019 pricing. Options Option Results • Accept contracts to order new apparatus Authorize the City Manager to execute the contracts for the new apparatus • Take no action. Keep existing fleet and fire flow delivery status quo. Staff Recommendation Staff recommends authorization to execute the contracts. Attachments A. Contracts for construction of 104’ Aerial Ladder Truck, Rescue Pumper and pictures Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Contracts d12-17-19 Moses Lake Council Packet 12-19-19, Page 127 of 147 GlrtrEEnhauErMoses Lake Pumper 701 East Third Avenue Moses Lake, Washington 98837 Date: December 6, 2019 We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the Moses Lake Pumper, hereinafter called the Buyer and an officer of Rosenbauer Minnesota, LLC, hereinafter called the Company, the following apparatus and equipment. TOTAL $742,603.00 One (1) Rosenbauer Pumper, complete with Rosenbauer Commander chassis per attached specifications. *Note: If chassrs amounf of $273,560.00 is paid upon arrival at our plant in Minnesota, deduct $10,502.00 each $742,603.00 each Gross due upon completion and delivery total All of which are to be built in accordance with the specifications, clarifications and exceptions attached, and which are made a part of this agreement and contract. DELIVERY: The estimated delivery time for the completed apparatus, is to be made 365 days after receipt of and approval of this contract duly executed, (chassis and (or) major components must arrive within 200 days or delivery may be extended), subject to all causes beyond the Company's control. The quoted delivery time is based upon our receipt of the specified materials required to produce the apparatus in a timely manner. "Delivery" means the date company is prepared to make physical possession of vehicle available to customer. CONTRACT CHANGES: After execution and acceptance of this Contract, the Buyer may request that the Company incorporate a change to the Products or the Specifications for the Products by delivering a Change Order to the Company; provided, however, that any such Change Order must be in writing and include a description of the proposed change sufficient to permit the Company to evaluate the feasibility of such Change Order. Within seven (7) working days of receipt of a Change Order, the Company will inform the Buyer in writing of the feasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of any effect on production scheduling or delivery resulting from such Change Order. The Company shall not be liable to the Buyer for any delay in performance or delivery arising from any such Change Order. Purchase Price may be modified only by mutual written agreement of the Parties because of changes to the Apparatus required or requested by the Buyer during the construction process pursuant to Appendix C, Change Order Policy. Any changes in the Purchase Price resulting from changes to the Apparatus required or requested by the Buyer during the construction process shall be stated in the Change Order signed by both parties. Additional Changes: lf various state or federal regulatory agencies (e.g. NFPA, DOT, EPA) require changes to the specification and/or the product that result in a cost increase to comply therewith this cost will be added to the Purchase Price to be paid by the customer. FORCE MAJEURE: The Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond the Company's control which make the Company's performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. www.rosenbauerarnerica.com info (0 rosenbaueramerica.com ROSENBAUERSOUTH DAKOTA, LLC. ROSENBAUER MINNFSOTA, LLC. ROSENBAUERMOTOR$, LLC. IMTHIRDSTREE| P.O. BOX57 LYq\S, SOTH DAKOTA5M4I P: fl15.543.5601 5181 2g}THSIREET P.O. BOX54S wYcsili6, MTNNESOTA 5SD2 P851.4821m 5r$2dtftstFEET P.O.80X549 urYoifi 16. MTNNESoTA 55{F2 F:661.462.1m ROSENBAUER AEHIALS, LLC. SMSCIJI}I BMADSfREET FREMSIT, NEBRASKA N8TD5 7,&.721.76?2 Moses Lake Council Packet 12-19-19, Page 128 of 147 PAYMENTTERMS: GI rtrEEnhauErFinal payment for the apparatus shall be made at time of delivery or pick up of the completed vehicle. II is the respohsjbilitvy ofl-he Euyer to have full payment ready when the apparatus is complete and ready to deliver. lf payment is delayed or delivery is delayed pending payment, a daily finance and storage fee may apply. Upon delivery of the apparatus or upon pickup of the apparatus by the Buyer, the Buyer agrees to provide all liability and physical damage insurance. lt is further agreed that if on delivery and testing, any defects should develop, the Company shall be given 60 working days time to correct changes. Guarantee of the chassis is subject to the guarantee of the chassis manufacturer.*NOTE: upon final inspection at the factory for pick-up or delivery, the Buyer will need to supply a Certificate of lnsurance and full payment prior to release of the vehicle, unless prior arrangements for vehicle's release have been made. TITLE: The Apparatus shall always be the propefi of the Company until it is delivered to the Buyer pursuant to the terms of this agreement. The Company shall bear the sole responsibility and risk for destruction, loss or damage to the apparatus, or any portion of the Apparatus, through the date and time it is delivered to the Buyer. The Company shall deliver good and merchantable title to the Apparatus at the time it is delivered to the Buyer. The Buyer shall bear the sole responsibility and risk for destruction, loss or damage to the Apparatus upon the date and time it takes delivery of the Apparatus. PIGGY BAGK ORDERS: The Company, at its sole discretion, will allow the terms of the contract to be extended to both the Buyer, as well as to other Municipal, State, or Federal agencies for similar unit(s). The Company will allow tag on / additional orders for up to three (3) years from the date of contract execution. To facilitate pricing, the Company will quote the original price plus manufacturer's price increases or Producer's Price lndex (PPl) whichever is greater as it applies to either Fire Apparatus and/ or commercial heavy truck industries. MISCELLANEOUS PROVISIONS: This agreement shall be construed in accordance with the laws of the State of Washington. The parties agree that any litigation arising from or in connection with any dispute between the parties under this agreement shall be venue in Washington State. The parties agree that this agreement bears a rational relationship to the State of Washington, and they consent to the personal jurisdiction of such state and further consent and stipulate to venue in the above described court. Respectfully submitted, I Fire Buyer: We accept the above proposal and enter into contract with signature below Sales Rep Title: Tifle: Date n Feist After compony receipt of this document signed by the Buyer, the document will be reviewed ond upon approval, countersigned by the Company thereby putting the document in force. Rosenbauer Minnesota, LLC Title Date www. rosen baue rame rica. com info @ rosenbauerarnerica"com Dealer: ROSENBAUER SOUTH DAKOTA, LLC. IMI{IRDSTREFT P.O. BOX57 LYO[\S, SOJTH OAKOTA 57041 P: d15.543.5591 ROSENBAUEH MINNESOTA, LLC. 5181 2f,mrSIBEET P.O. BOX 54S WYS'INO, MINNESOTA 55{f,2 P:861.'l@.lffi ROSENEAUER MOTORS, LtC. ROSENEAUER AERIALS, LLC. 519{t2glruSrREEt P.O. BOX549 WY6,|INO, MINNESOTA 55{F2 P 851.4621m STUSCUIlt Bf,0AOSTREET FHEIYXI,IT, NEBRASG 925 P.4U.n1.7W Moses Lake Council Packet 12-19-19, Page 129 of 147 GIrtrsEnhauEr APPENDIX C CHANGE ORDER POLICY This change order policy is intended to reflect the increased cost of changes which result in delayed deliveries, confused paperwork, poor production flow and increased potential of trucks being built to incorrect specifications. With your cooperation, changes can be kept to a minimum which means we will be able to reduce lead times, increase production and maintain costs which will benefit all of us. Our objective is accurate, high quality and on-time deliveries exceeding our customer expectations. Changes any time after the order is received may delay the quoted delivery date. Significate design or component changes will have the largest impact on the schedule and quoted delivery date. Changes that occur later in the process will also have the largest impact on the schedule and quoted delivery date. All time fences are reference to contract execution date if not otherwise stated Ghange Window #1 All changes will be priced at standard pricing and specials will be priced through our normal process. Significant changes made to the vehicle during this time period may result in a delivery extension. RBM Chassis 0-60 days RBA Aerial 0-60 days Rosenbauer Body 0-60 days Change Window #2 All changes are subject to a 25o/o mark-up, as well as a $250.00 change order processing fee. All changes are subject to factory review and may be denied due to engineering or lead time issues. RBM Chassis 61-75 days RBA Aerial 61-75 days Rosenbauer Body 61-120 days Ghange Window #3 All changes are subject to a 50% mark-up, and 50% restocking fee on deleted items, as well as a $250.00 change order processing fee. All changes are subject to factory review and may be denied due to engineering or lead time issues. No major components can be changed at this time; major components are considered engine, transmission, axles, suspension, cab, frame (wheelbase), seats, water pump and water tank. RBM Chassis 76-120 days RBA Aerial 76-120 days Rosenbauer Body 121-180 days Change Window #4 Changes are not recommended at this time. Any changes requested will be priced on a time and material basis, as well as a $500.00 change order processing fee. Any changes requested, and that are quoted to the customer, must be approved by the customer within three days or they will not be valid. RBM Chassis After 120 days RBA Aerial After 120 days Rosenbauer Body After 180 days *Note: Any late change orders that are factory driven will be done af cosf and no additional mark up or penalties wilt apply. www. rosen ba u e rarn e ri ca. corn info @ rosenbaueramerica.com ROSENBAUER SOUTH DAKOTA, LLC. lMfiIRDSTREET P.O.80X57 LYSs;, SCUrlI 0AI0TA 571141 P: fl5.543.5691 5r8t zflIm STREET p.o. Box 549 WYOMINO, MINNFEOTA 55W2 P:661.,162.1ffi 5lS0m0rHsrffEEr P.O. BOX549 WYOi,IING. MINNESOTA 55M2 P 661.482.1m STOSUIH 88OAD STREET FREIIO{T, NEBRASKA O8IP5 P.&..721.7W. ROSINEAUEH MINNESOTA, LLC. HOSENBAUER MOTORS, LLC. ROSENBAUES AEHIALS, LLC. Moses Lake Council Packet 12-19-19, Page 130 of 147 Moses Lake Council Packet 12-19-19, Page 131 of 147 Gl rtrEEnhauerMoses Lake Fire Department 701 East Third Avenue Moses Lake Fire Department, WA 98837 Date: December 12,2019 We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the Moses Lake Fire Department, hereinafter called the Buyer and an officer of Rosenbauer Minnesota, LLC, hereinafter called the Company, the following apparatus and equipment. TOTAL $1,197,146.00 One (1) Rosenbauer Aerial, complete with Rosenbauer Commander chassis and Rosenbauer Cobra Platform per attached specifications. WA sales tax not included, sales tax shall be applied to the final invoice. *Note: If chassis amount of $339,907.00 is paid upon arrival at our plant in Minnesota, deduct $13,054.00 each $1,197,146.00 each *Note: lf aerial amount of $355,752.00 is paid upon arrival at our in Minnesota, deduct $6,961.00 each Gross due upon completion and delivery total All of which are to be built in accordance with the specifications, clarifications and exceptions attached, and which are made a part of this agreement and contract. DELIVERY: The estimated delivery time for the completed apparatus, is to be made 395 days after receipt of and approval of this contract duly executed, (chassis and (or) major components must arrive within RMN days or delivery may be extended), subject to all causes beyond the Company's control. The quoted delivery time is based upon our receipt of the specified materials required to produce the apparatus in a timely manner. "Delivery" means the date company is prepared to make physical possession of vehicle available to customer. CONTRACT GHANGES: After execution and acceptance of this Contract, the Buyer may request that the Company incorporate a change to the Products or the Specifications for the Products by delivering a Change Order to the Company; provided, however, that any such Change Order must be in writing and include a description of the proposed change sufficient to permit the Company to evaluate the feasibility of such Change Order. Within seven (7) working days of receipt of a Change Order, the Company will inform the Buyer in writing of the feasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of any effect on production scheduling or delivery resulting from such Change Order. The Company shall not be liable to the Buyer for any delay in performance or delivery arising from any such Change Order. Purchase Price may be modifled only by mutual written agreement of the Parties because of changes to the Apparatus required or requested by the Buyer during the construction process pursuant to Appendix C, Change Order Policy. Any changes in the Purchase Price resulting from changes to the Apparatus required or requested by the Buyer during the construction process shall be stated in the Change Order signed by both parties. Additional Changes: lf various state or federal regulatory agencies (e.9. NFPA, DOT, EPA) require changes to the specification and/or the product that result in a cost increase to comply therewith this cost will be added to the Purchase Price to be paid by the customer. FORCE MAJEURE: The Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond the Company's control which make the Company's performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. www.rosenbauerarnerica.com info@rosenbaueramerica.com ROSENBAUER SOUTH DAKOTA, LLC. 'MT{IRDSTRFETP.O. BOX57 LYOiS, Sctfilr oAKOTA 571141 P:605.93.$9I 5181 2ffmrgIREEt P.O.80X549 I/VYOMIME, MNNESOTA 5SB2 P:651.4621ffi 5190 zgIrH SIHEET PO. BOX549 wYoi#No. MTNNESOTA 55{192 P:651.,182.lffi 87IISCUff BROADSIFEET FREL0'lT, NEBRAS{A6&6 ?.M..721.7W, ROSENBAUER MINNESOTA, LLC. ROSENBAUER MOTORS, LLC. ROSENBAUEH AEHIALS, LLC. Moses Lake Council Packet 12-19-19, Page 132 of 147 PAYMENTTERMS: (it rtrEEnhaugrFinal payment for the apparatus shall be made at time of delivery or pick up of the completed vehicle. llislhe respons-ibility of the Buyer to have full payment ready when the apparatus is complete and ready to deliver. lf payment is delayed or delivery is delayed pending payment, a daily finance and storage fee may apply. Upon delivery of the apparatus or upon pickup of the apparatus by the Buyer, the Buyer agrees to provide all liability and physical damage insurance. lt is further agreed that if on delivery and testing, any defects should develop, the Company shall be given 60 working days time to correct changes. Guarantee of the chassis is subject to the guarantee of the chassis manufacturer. "NOTE: upon final inspection at the factory for pick-up or delivery, the Buyer will need to supply a Certificate of lnsurance and full payment prior to release of the vehicle, unless prior arrangements for vehicle's release have been made. TITLE: The Apparatus shall always be the property of the Company until it is delivered to the Buyer pursuant to the terms of this agreement. The Company shall bear the sole responsibility and risk for destruction, loss or damage to the apparatus, or any portion of the Apparatus, through the date and time it is delivered to the Buyer. The Company shall deliver good and merchantable title to the Apparatus at the time it is delivered to the Buyer. The Buyer shall bear the sole responsibility and risk for destruction, loss or damage to the Apparatus upon the date and time it takes delivery of the Apparatus. PIGGY BACK ORDERS: The Company, at its sole discretion, will allow the terms of the contract to be extended to both the Buyer, as well as to other Municipal, State, or Federal agencies for similar unit(s). The Company will allow tag on / additional orders for up to three (3) years from the date of contract execution. To facilitate pricing, the Company will quote the original price plus manufacturer's price increases or Producer's Price lndex (PPl) whichever is greater as it applies to either Fire Apparatus and/ or commercial heavy truck industries. MISCELLANEOUS PROVISIONS: This agreement shall be construed in accordance with the laws of the State of Washington. The parties agree that any litigation arising from or in connection with any dispute between the parties under this agreement shall be venue in Washington State. The parties agree that this agreement bears a rational relationship to the State of Washington, and they consent to the personal jurisdiction of such state and further consent and stipulate to venue in the above described court. Respectfully submitted, Buyer: We accept the above proposal and enter into contract with signature belowDealer: Sales Rep: ratus Title: Tiile: Date Afier company receipt of this document signed by the Buyer, the document will be reviewed ond upon approval, countersigned by the Company thereby putting the document in force. Rosenbauer Minnesota, LLC Title: Date www. rosen baue ramerica. com info @ rosenbaueramerica"com ROSENBAUER SOUTH DAKOTA, LLC. lMTHIRDSTFEFT P.0. 80x 57 LYors, s{Ljfi t}A(oTA 57U41 P:f,S-543.5591 ROSENBAUEH MINNESOTA, LLC. 5181 2flItH SIREEI PO.80X549 wYcn $a, MTNNESoTA5gtr2 P:051.4@-1ffi ROSENBAUER MOTORS, LLC. 51$2$THS|FEEI P.O. SOX54S WYCNilINq, MINNESOTA 55IF2 R 651.462.lm ROSENBAUER AERIALS, LLC. TiBSCI,fiHSMADSTREET FREIO,II, }IEBRAS$ €gPst 4v72t.7w Moses Lake Council Packet 12-19-19, Page 133 of 147 (t rtrsEnhauEr APPENDIX C CHANGE ORDER POLICY This change order policy is intended to reflect the increased cost of changes which result in delayed deliveries, confused paperwork, poor production flow and increased potential of trucks being built to incorrect specifications. With your cooperation, changes can be kept to a minimum which means we will be able to reduce lead times, increase production and maintain costs which will benefit all of us. Our objective is accurate, high quality and on-time deliveries exceeding our customer expectations. Changes any time after the order is received may delay the quoted delivery date. Significate design or component changes will have the largest impact on the schedule and quoted delivery date. Changes that occur later in the process will also have the largest impact on the schedule and quoted delivery date. All time fences are reference to contract execution date if not otherwise stated. Change Window #1 All changes will be priced at standard pricing and specials will be priced through our normal process. Significant changes made to the vehicle during this time period may result in a delivery extension. RBM Chassis 0-60 days RBA Aerial 0-60 days Rosenbauer Body 0-60 days Change Window #2 All changes are subject to a 25% mark-up, as well as a $250.00 change order processing fee. All changes are subject to factory review and may be denied due to engineering or lead time issues. RBM Chassis 61-75 days RBA Aerial 61-75 days Rosenbauer Body 61-120 days Change Window #3 All changes are subject to a 50% mark-up, and 50% restocking fee on deleted items, as well as a 9250.00 change order processing fee. All changes are subject to factory review and may be denied due to engineering or lead time issues. No major components can be changed at this time; major components are considered engine, transmission, axles, suspension, cab, frame (wheelbase), seats, water pump and water tank. RBM Chassis 76-120 days RBA Aerial 76-120 days Rosenbauer Body 121-180 days Change Window #4 Changes are not recommended at this time. Any changes requested will be priced on a time and material basis, as well as a $500,00 change order processing fee. Any changes requested, and that are quoted to the customer, must be approved by the customer within three days or they will not be valid. RBM Chassis After 120 days RBA Aerial After 120 days Rosenbauer Body After 180 days *Note: Any late change orders that are factory driven will be done af cosf and no additionat mark up or penatties witl apply. www. rosenbauerarnerica.com info @ rosenbaueramerica.com ROSENBAUERSOUTH OAKOTA, LLC. RO$ENBAUER MINNESOTA, LLC. 5r8t zflIm$REEr P.O.80X54S WYOMING, MINNESOTA 5flP2 P:851.482.1ffi ROSENBAUER MOTORS, LLC. 5ISI2glruSTREEI P.O. BOX549y{YsdNq Ml}$.tEsoTA 55t82 P:661.i1021ffi ROSENBAUER AERIALS, LLC. Siltscuru Btr)AosrnErr FREIIO,II, NEBSASKA 88{25 P.4U,.721.7W. 'l(trIlltBDsrREEr P.O. BOX57 LYOiE SOJIH DAKOTA 5'M41 P: 605.543.5591 Moses Lake Council Packet 12-19-19, Page 134 of 147 Moses Lake Council Packet 12-19-19, Page 135 of 147 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Kris Robbins, Community Development Director Date: December 13, 2019 Proceeding Type: New Business Subject: 2019 Comprehensive Plan Amendments Legislative History: • First Presentation: December 19, 2018 • Second Presentation: • Action: Motion Staff Report Summary Washington State Growth Management Act (GMA) requires that most cities and counties adopt and maintain a Comprehensive Plan which addresses certain mandated elements as prescribed by the Act. The Plan may be amended no more than once per year. The City of Moses Lake adopted a GMA-compliant Comprehensive Plan in 2001 and has amended it periodically, attached are the proposed amendments for 2019, consisting of four site-specific land use designation changes requested by property owners. On November 21, 2019, and December 12, 2019, the Planning Commission conducted an open record public hearing and unanimously approved the proposed 2019 Comprehensive Plan amendments with a recommendation to the City Council for adoption. Background A. Hansen request: Change 8.45 Acres from Public Zone to Light Industrial Zone. B. PIA, LLC request: Change 80.57 Acres from High Density Residential to General Commercial. C. Central Terminals request: Request for 170 Acres be included in the Urban Growth Area. (Industrial) D. Dune Lake, LLC request: Request for 833 Acres be Included in the Urban Growth Area (R1). Moses Lake Council Packet 12-19-19, Page 136 of 147 Fiscal and Policy Implications None Options Option Results • Review and consider the proposed Comprehensive Plan amendments. Adopt the 2019 Comprehensive Plan amendments as recommended by the Planning Commission. • Take no action. The 2019 Comprehensive Plan amendments do not move forward which create some inconsistencies within the Plan. Staff Recommendation The Council should consider adopting the 2019 Comprehensive Plan amendments as recommended by the Planning Commission. Attachments A. Ordinance 2934 B. Staff Report for A, B, C & D – 2019 Comprehensive Plan Update Legal Review N-A Moses Lake Council Packet 12-19-19, Page 137 of 147 ORDINANCE NO. 2934 AN ORDINANCE ADOPTING THE 2019 COMPREHENSIVE PLAN AMENDMENTS Recitals: 1. The City of Moses Lake’s Comprehensive Plan was adopted on September 11, 2001, in accordance with the Growth Management Act (GMA) and the State Environmental Policy Act (SEPA). 2. The Comprehensive Plan includes five (5) of the seven (7) mandatory elements required by GMA, except that GMA declares that the requirements for an Economic Development Element and a Park and Recreation Element are null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two (2) years before the city must update its Comprehensive Plan as required by RCW 36.70A.130. 3. The Washington State Growth Management Act requires the city to establish procedures and schedules whereby updates, proposed amendments, or revision of the Comprehensive Plan may be considered. 4. RCW 36.70A.130 requires cities and counties fully planning under the Growth Management Act to review and evaluate their comprehensive plans at least every eight years and update them if needed. 5. The City began a major update of the 2001 Comprehensive Plan in 2012 and continued it with updates of portions of the Comprehensive Plan in 2013 and 2014, to complete the required periodic update in 2014 per the requirements of RCW 36.70A.130. Minor updates and amendments were adopted in 2015, 2016, 2017, and 2018. 6. The amendment to the Comprehensive Plan and zone change were submitted to the Washington State Department of Commerce on November 5, 2019, for a 60-day review and comment period as required by GMA. Comments were received on November 20, 2019. 7. The Planning Commission held a public hearing on the Comprehensive Plan amendments and zone changes December 12, 2019. A legal notice was published in the local newspaper, and notices were posted on bulletin boards in the Civic Center and Annex and the City’s website. 8. On December 19, 2019, the City Council took legislative action to accept the Planning Commission’s recommendations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, ORDAINS AS FOLLOWS: Section 1. The recitals set forth above are incorporated herein as findings of fact. Moses Lake Council Packet 12-19-19, Page 138 of 147 Section 2. The City Council hereby adopts the following amendments to the Comprehensive Plan: A. Hansen request: Change 8.45 Acres from Public Zone to Light Industrial Zone. B. PIA, LLC request: Change 80.57 Acres from High Density Residential to General Commercial. C. Central Terminals request: Request for 170 Acres be included in the Urban Growth Area. (Industrial) D. Dune Lake, LLC request: Request for 833 Acres be Included in the Urban Growth Area (R1). Section 3. 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 and signed by its Mayor on December 19, 2019. ___________________________________ ATTEST: Karen Liebrecht, Mayor _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: December 24, 2019 Date Effective: December 29, 2019 Moses Lake Council Packet 12-19-19, Page 139 of 147 December 12, 2019 TO: Planning Commission SUBJECT: 2019 Comprehensive Plan Amendments - Staff continues to support the information submitted by the applicants for their request for the amendments to the comprehensive plan for zoning amendments and expanded Urban Growth Boundary. The letter from the Department of Commerce is supporting our needs to update our comprehensive plan, however we should not neglect the ability of the applicant to pursue their requests with the county. Staff recommends to work with the applicants and supply information to them as we move forward with our comp plan update as they prepare submittal to the county. The City comp The areas for the inside city limits are changing the area of property of 84 acres from the multi-family to commercial use. This could provide an additional 1200 residential units of availability to our inventory. This in turn assists with the expanded UGA as the area can be supported by the population density supported in the city and county comprehensive plans. The zoning revision on the shoreline is supported by on the proposed use, however there is an issue with the change in shoreline designation and compatibility. We recommend that the zoning amendment be contingent upon the modification of the shoreline designation and approval through dept of ecology Summary: The proposed amendments requested by the property owners is as follows: Applicant APN/Location Request % of impact* Total Acres* A. Cox & Cox Parcel: 314034000 2.82 Acres from High Density Residential to General Commercial .2% 802 B. Hansen Parcel: 110475080 8.45 Acres from Public Zone to Light Industrial Zone 10% 85 C. PIA, LLC. Parcel: 110475037 80.57 Acres from High Density Residential to General Commercial 10.25% 882 D. Central Terminals Parcels: 170980000 & 170981000 Request for 170 Acres be 27.7% 613 Moses Lake Council Packet 12-19-19, Page 140 of 147 Included in the Urban Growth Area (Industrial) E. Dunes Lake, LLC. Parcels: 170073001,170072000, 170071001,170081000 & 170083000 Request for 833 Acres be Included in the Urban Growth Area (R1) 38.5% 2,164 * - Based on vacant lands information Action: The Planning Commission should consider each proposed Comprehensive Plan amendment, and make a recommendation to the City Council on each proposed amendment. Respectfully submitted, Kris Robbins Community Development Department Director Moses Lake Council Packet 12-19-19, Page 141 of 147 Moses Lake Council Packet 12-19-19, Page 142 of 147 Moses Lake Council Packet 12-19-19, Page 143 of 147 Moses Lake Council Packet 12-19-19, Page 144 of 147 Moses Lake Council Packet 12-19-19, Page 145 of 147 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Spencer Grigg, Parks & Recreation Director Date: December 17, 2019 Proceeding Type: New Business Subject: Donation to Paths and Trails Resolution Legislative History: • First Presentation: December 19, 2019 • Second Presentation: • Action: Motion Staff Report Summary The Columbia Family Foundation wishes to donate $10,000 to be utilized by the City in the Paths and Trails budget to support the development, maintenance and operations of the community’s paths and trails. Background Members of the community’s Trails and Paths Team (TPT) have been communicating with a representative of the Columbia Family Foundation regarding potential support of efforts to develop, maintain and operate Moses Lake’s paths and trails system. Fiscal and Policy Implications This would increase the Paths and Trails budget by $10,000. Options Option Results • Take no action The Paths and Trails budget would not increase by $10,000 • Accept the donation The Paths and Trails budget would increase by $10,000 Staff Recommendation Staff recommends the City Council accept the donation by adopting the resolution as presented. Attachments A. Resolution #3788 Legal Review n –a Moses Lake Council Packet 12-19-19, Page 146 of 147 RESOLUTION NO. 3788 A RESOLUTION ACCEPTING A $10,000. DONATION FROM THE COLUMBIA FAMILY FOUNDATION Recitals: 1. Paths and trails provide the foundation of a bicycling, jogging and walking system. Trails offer numerous aesthetic and recreational opportunities, as well as commuter options for walking, hiking, bicycling, skating or otherwise traveling in a community. 2. The Columbia Family Foundation wishes to support the community’s efforts to develop, maintain and operate paths and trails in the community. It is their desire to donate $10,000 that is specifically utilized within the City’s Paths and Trails Budget. Resolved: 1. The City Council of Moses Lake accepts the donation of $10,000 from the Columbia Family Foundation to support the city’s efforts to develop, maintain and operate paths and trails in Moses Lake, Washington. .. 2. The City Council of Moses Lake wishes to thank the Columbia Family Foundation for their generous donation of $10,000. ADOPTED by the City Council on December 19, 2019. ________________________________________ Karen Liebrecht, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 12-19-19, Page 147 of 147