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HomeMy WebLinkAbout2005.02.22 Council Meeting Packet AGENDA PASCO CITY COiINCII. Regular M¢¢tlng 7t00 p.m. February 22, 2005 Please note that our Council Meeting will take place en Tuesday, Febrttary 22 as City Hall will be closed Monday, Febmary 21 in honor o£PreSitlents' Day. 1. CALL TO ORDER 2, ROLL CALL- Pledge of A1I¢gianca 3. CONSENT AGENDAC All items listed under the Consent Agenda nre ennsulerecl to b¢ routine by the City Council and will he enacted by roll call vote a motion (in the form listed below). There will be star a dis o£ the items. If further d sn the Et is desired by Co cilmembe r the public. the item may be removed from the Consent Agenda to the Regular Agenda and consitl¢.red separately. (a) Approval nrminutes- 1 . Minutes of the Pasco City Council Meeting dated February 7, 2005. (h) Bills anal COmmpniCatiOnB- (A detailed listing o£ claims is available for review in the Finance Mnager's office) 1 . To approve General Claims in the a unt of $60,822.04 ($60,822.04 consisting of Claim Warrants numbered 147387 through 147407). (2004 EXPENSES) 2. 'ro approve General Claims in the am unt o£ $894,368.71 ($63,963.38 being in the form of Wire Transfer Nos. 4279, 4280 and 4281 and, $830,405.33 eonsishng or Claim Warrnts numbered 147141 through 147386). (2005 EXPENSES) 3. To approve bad debt rite- f£s For utility billing, mbulance, code enforcement and Municipal Court n nal, erinnnal nd parking a unts re vable in the total am unt h of $ 161 ,868.21 and, of that atno n o t, auth a $157, 173turned .47 be tued over For collectio . o <c) Trailway Lle¢ns¢ Agr¢¢m¢nt with Franklin County Irrigation District- 1 . Agenda Report from Stan Strebel, Administrative 8 Community Services Director dated February 7, 2005. 2. Proposed Agreement. To approve the Tmilway License Agreement with FraNClin Conry h-rigation District and, further, to authorise the Mayor to sign the doctnent. (d) ProF¢saional Services Agreement — Golf Course Lane Renovation Project_ 1 . Agenda Report from Stn Strebel, Admimstrative 8 Community Services Director dated February 9, 2005. 2. Proposed Agreement. To approve the Professional Services Agreement with John Steidel £or the Gol£ Course Lakes Renovation P jcet and, Further, authorize the City Ma Uer to sign the agreement. (e) Professional Services Agre¢rit¢nt — Parlcs Shop/Cemetery O£fic¢- 1 . Agenda Report from Stn Strebel, Adrnirnstrative 8 Commnity Services Director dated Febrtary 9, 2005. 2. Proposed Agreement. To approve the Professional Services Agreement with CKiT Architects For the Parks Shop/Cemetery Office and, Further, authorize the Mayor to sign the agreement. (f) ProFCSSional Services Agreement with CH2M Hill For Utilities Consulting S¢rvic¢sc 1 . Agenda Report from Robert J. Alberts, Public Works Director dated February 10, 2005. 2. Proposed Agreement. To approve the Professional Services Agreement with C1,12M Hill For n-going utilities engineering nd consulting services and, £urthet, authorize the Mayor to sign the agreement. (g) Municipal Cnn" Probation Staffing- 1 . Agenda Report from Gary Crutchfield, City Manager dated Febnary 10, 2005. 2. Memorandum from Municipal Court Judge dated 2/7/05. To authorize additional Probation Officer position in Municipal Court contingent on elimination of one Probation Clerk position. mc> MOTION- I move to approve the Consent Agenda as read. Regular Meeting 2 February 22, 200S 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (bj (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERSe (a) V¢rbsl R¢porta From Councilm¢mb¢rs_ (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THEIIETO: (a) Creating the W¢ru¢tt/ROad 38 Sewer U_L_I_D_ #142: 1 . Agenda Report {m Doyle Heath, City Engineer dated February 17, 2005. 2. Vicinn Map. 3. Ordinance. ce. CONDUCT PUBLIC HEARING Orlin ¢ No an O a elating to th watwr utility of the City, eluding the sanitary s rage systm an6 tla system of storm o r surface waters apart thereof; u urtii ing water ands a bonds and interim nnancing to pay the o r la carrying out a portion o£ the system or plan of addi ra to and betterments and extension o£ the waterworKs utility; and creating Utility Local Improvement District No. 142. MOTION. I move to adopt Ordinance No. creating the Wematt/Road 38 Sewer ULID #142. S_ ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance Na- an Ordinance authorivng the allocation of certain utility tax r cipts and amending Chapter 5.32.070 0£ tfie Pasco Municipal Code entitled "Use o£ Funds for Street Ma me 1 . Agenda Report from Gary Crutch£aeld, City Manager dated February 1 I , 2005. 2. Page xiv o£ 2005 Budget Message. 3. PMC 3.72. 4. Proposed Ordinance. MOTION: I move to adopt Ordinance No. allocating utility tax receipts and, Fiartheq authorize publication by summary only. 9. UNFINISHED BUSINESS: (NO ¢) 10. NEW BUSINESS: °(a) 2005 Irrigation Upgrades Project No_ 05-7-01 I - Agenda Report from Doyle Heatfi, City Engineer dated February 16, 2005. 2. Hid Summary. 3. Vicnuty Map. <a" MOTION. I m e to award tfie low bid for tfie 2005 irrigation Upgrades P ject No. 05-7-01 to Sharpe 8c Preszler, Inc., in the am uut of $73,609.34, including sales tam and, Further, authorize the Mayor to siga tfie contract documents. ll _ MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) R¢gular M¢¢tiug 3 February 22, 2005 13. AOJOI:]:RN MENT_ (RC) It Catl Vote Required item not previously discussed MF# "Master File #...." Q Quasi-Judicial Matter REMINDERS: 1 . 6:00 p.m., Tuesday, February 22, Confc a Room #1 — LEOFF Disability Board Meeting. (MAYOR MII{E GARRISON and COUNCII_MEMBER REBECCA FRANCIK) 2. 7:30 Thursday, February 24 — Tri-Cities Visitor 8c Convention Bureau Boats Meeting. (COL11VCl1.MEMBER 1' m LARSL'N) 3. 4:00 p.m., Thursday, February 24, CBC Campus Board Room — TRIDEC Board Meeting. (MAYOR MIKE GARRISON, Rcp.; COUNCILMEMB£R MATT WATKnVS, AItJ 4. 5 :30 p.m., February 24, 710 W. Court Strect — Community Action Committee Board Mccting. (COUNCB_MEMBER EiLEEN CRAWFORD, Aep.; JOE JACKSON, 5. 7:00 p.m., February 24, 800 W. Canal llrive — Benton Frarddin District Board of Health Meeting. (COLINCILMEMBERS REBECCA FRANCIK and MATT WATI{IIVS) MSN UTES' R CG O1_AR MFE"I'1NG PASCO Ci"CV COL1N CfL FEBR UARV 7, 2005 CA LL 'rO O21UER: The meeting was called to order at 700 pm. by Michael L. Garrison. Mayor. KOLI . CALL: Councilniembers present: Rchecea Francik, Matt Watkins, Joe Jackson, F_ileen Crawforcl, Michael Garrison and Torn Larsen . Staff preserr0 Gary Cruteh£cld, City Manager; Leland 13 1CcrT, City Attoviey; Stan Surebei , Administrative 8c Community Services Director; Richard Smith, Community 8c P_conomic Dev . Director; David McDonald, City Planner; Denis Austin, Police Chief; and GI<len C3uerKle, Management Assistant. The rrreeting was opened with the Pledge of Allegiance. C]ONSF_N"1' AGENDA : (a) Approval of Minutes- Minutes of the Pasco City Council Meeting dated Janualy 18, 2005. (h) Bills anti Conummicationsa To approve General Chn l the arrnlniat of $606,702.73 ($606,702']3 ..sting or claim warrants nurnher ck 146815 thr-ongb 146881 a ad Clain, Wa ran LS numhcrcd 14GS87 through 146922). (2004 L- XPENSES) To approve General Claims in the "illnuilt of $ 1 ,297,836.33 ($98,306.84 being in the form of Wire Transfer Nos. 42G9, 4270, 4271. . 4274 and 4276 arid, $ 1 , 199,529.49 a c n rans nnig of Gi Warrants n inhered 146788 through 146814 nd CIailn Warrnts TlLlllahelea 146852 through 146886 and Claim Warrants nUrnberecl 146923 through 147140). (2005 EXPENSES) "r'o approve Payroll Claims in the arriclunt or $ 1 ,21. 3, 190 87, Voucher Nos. 32147 through 32260; and ET eposit Nos 30002499 through 30002919. (c) Contract fur Additional Animal Patrol: "ro approve the Personal Services Agreement wish Tri-City Animal Control, to .authorize the City Manager to sign the document and, further, to include the 2005 costs in the 2005 budget supplclllent for the General Fund. (rq (Council Committee Appointments: To confirm the Mayor's interim appointments to Boards and Commissions. (¢) Edgar Brown Staellunt Lttprov¢m¢ntse To au0ro.-izc the City Mat t alter to enter into all agreement with the Pasco School District to provide twentypercent buL not m e than $20,000 of the project cost for the south-end restrooni facilities at L-dgar Brown Stadium. (f) Finul flat; River Shore Estates I'huse 2 (Thomas 8 Salida Savage) (ME 405- 21 -rP): To approve the fins) plat for River Shore Estates Phase 2. g) Pr¢limimu-y Plat (Appeal) Linda Luviisa, 685 Lots west of D¢s¢rt Plut¢nu, uth of" Burden Blvd. (Ahu Cunstrttction) (MF #04-183-PP)c To Set 9;00 p.nt. , March 7, 2005 as the time and date for a closed r ord hearing to c idea the appeals to the preliminary plat Nb. under Master File 04- 183-PP. R¢mnved rrotn Consent Agciaa s d Moved to Item 10e — N¢w Bu.sin¢ss. 3(a � . l MINUTPS I2EGIJ1_AR MEETING PASCO Cl"1'Y COUNCIL FEBRUARY 7, 2005 (It) 1Z¢solution No- 2865, a Resolution a c¢Pling wotin p¢rPornted by Bnnth 8 Sons Construction, Inc-, under contract ror Project Nn- 04-2-09, Road 108 13uildiug Ren>todel_ To approve Resolution No. 2865 , a -cepting the work performed by Booth 8c Snns Construction, Inc. , under contract for the Road 108 Building Remodel , Project No. 4-2-09. MO'l'ION : Ms. PIlnjcjk rvinvea to approve the Consent Agenda a nded. Mr. Jackson ncled. Motion c ed by following Roll Call vote: Yes — Francik,Crawford, Gan ison. Jackson, Watkins. No — Larsen. PROCLAIM A'f10NS AIV11 ACl{NOWLEUGMENTS_ Mayor Garrison presentect a Prnelninalinn to have Freepnns of Press Craft Printing 8c Design , pr-oclaln-dng February 2005 "Press Craft Printing 8c Design" month in celebration of their 55th Anniversary_ V1SC1'OtZS - OTHE12 '1'rIAN AGENDA TTEMSZ Mr. Vic Epperly, 8930 W. Canyon PL Kennewic K, rapnrted on Kennewick City Council ' s upport for torming a Regional Public Facilities Di.striet For promotion or a regional Aquatics Center. REPORTS FROM COM MTT'PEES AND/OlZ C1Y1�10E125 : Ms. Crawford reported on her attendance at the Washington State Good Roads and TranspmYation Legislative meeting in Olympia. O1�1NANC:E.S ANU RESOLUTIONS NO"l' 1ZELATINZ& TO PUIILIC HEA RIN GSc Ord roan c Nn_ 3716, nit Ordinance conca-rning speed limits on portions ur Tenth Av¢uu¢ and Ainsworth Avenue_ MO"I'iON: Ms. Frnncik tnrlvca to adopt Ordinan a No. 3716, a riding S( etinn 10.24.040 "Increzrsing Speed Limits in Certain Zones" - nendingtspeed limits on various Streets In the city. Mr. .Iackson seconded. Motion carried unanimously. Resolution No- 2866, a Resolution approving a preliminary plat rum- Sunrise U, states. M O'fiON : Ms. Praneik n ved to approve Resolution No. 2866, approving the preliminary pint for Sunrise Estates. Mr. Jackson s nded- Motion c ad by the following Roll .Call vote: Yes- Fruncik, Watkins, Jackson, Garrison. Nor— Larsen, Crawford. UNFI NiSAEU BUSINESS : Conduct it Closed liccord Hearing — Rezone (Appeal) C-1 to C-3 for vacant lot nn North 14th Avenue (vncant lot north or the Dairy Queen) (Veriznn) (MV 004-155-Z) : Mi. Kerr, City Attorney, explained the required procedures for a Closed Recorcl Hearing. Mr. McDonald explainecl the Planning Conurrission ' s Open Record Hearing process. MO'l'ION: Ms. Fravrrcik m ved to adopt the findings of fact contained in attachment rid c elusions there FrCnIA and therefore deny the r ne requested by Verizon Wireless. Nis. Crawford seconded. Motion carried unanimnusly. 2 MFN UTTS IZ L-:Ci 1_la_AR MGL-"f I1VG PASCO CITY COUNCIL FEB RUAKV 7, 2005 NEW Jt USINESS : Spe¢::d r¢.-..,a_ r.-¢��LO.,✓u.ar�a.-¢ :., a-s-2o z.,.,r .a selo w. e...,.-t st.-eec (c,a.-t.,.,) (MV #04-184-Sr): MOTION : Ms. Francik n ved to approve the special permit for a preschool and daycare at 8610 W . Court Street, as nded by the Planning Commission. Mr. Jac KSOn sec"ondcd . Motion cavlea Lan llnlClusly. Sp¢cial Perrvit: Caatnin¢r Storag¢ Unit : r C-1 Znn¢ at 6415 Burden Boul¢vard (Barry Hnyalan, Hayd¢rt 's rlacc) (MU 004-1.8()-SP)" NIO"PION : Ms. Fl ancik n ved to approve the special permit For a stainer storage unit at 6415 Burden Boulevard,�a s by the Planning Cornm scion. Mr. Jackson sec"emticd. Motion carried unam mously. Dcv¢lopm¢nt Agr¢enl¢nt for Sun Rise Estat¢s- M O'1'ION : Ms. Francik IIInvaa to approve the Development Agreement with All Pro Contracting for Sun Rise F_statcS and, further, authorize the Mayor to sign the agreement. Mr. Jac KSOn s aaca. Motion c ea by the Following Voice Vote: Yes — Crawford, Watkins, Garrison, Fitnci K, Jackson. No — Larsen. 2005 Pa-o fcss:o sal S¢rviccs Agr¢¢ntcnt with [h¢ 1 asco Downtown Dcv¢IOprn¢nt Associat:onv Veronica V zy ui crdo, 720 W. Lewis St . F_xecutive llirector of fl J , responded to Ms_ Crawforcl' s concern about 2004 membership numbers. MO"PION: Ms. Francik n ved to approve the 2005 Agreement with Yasco Downtown Development Associationalb provide professionals rrd, further, authorize the City Manager Lo sign the agreement_ Mr. Jackson seconded, Motion cavted unanttnously. Pa-elina:nary Plat (Appeal ) Linda Lav::sa, 685 Lots west or D¢s¢rt Vf"teaaq south of Burden Blvd. (Alm Constructiutq (MF 004-183-VP>: MOTION: MS. Francik- vnnvea to set 7.00 p. na., March 7, 2005 as the time a ad date fur a closed record hearing m consider the appeals to the preliminary plat a i�endation nder Master F11c "Cl. 04- 183-Yp. Mr. Jackson seconded. Motion tali ed unanu-nously. Ms. Crawford abstained . Ml5'CF_1 LA UOUs DISCUSSION- Council and Staff discuSSCa the requirements 1'or a quorum at Planning Commission I)I ctrl ngs A Ua OURN M EN'l': "There being ..o further business, chc meeting was adJOUrncd at 7 :45 p.m. A PPILOVED: A"t"PEST: Michael L. Garrison , Mayor Wehster U. JackSJn, City Clerk P AS SL• D and Al'YIZOVED this 22nd day of February, 2005 3 C I T Y O F P A S C O Council Meeting of: Fanruary 2 Accounts Payable Appnov¢d TM1B City Council City Of Pasco, Franklin County. WasM1ing[on Wa, tba u Una", do i araby cedtfy under penalty of parjury that the materials have baan furnlSM1ed, the rvicas rn d rad OF JkaB-In rperformad as described haraln and that the latm is a just, due antl unpaid obligation nsl a CIty On that wo oro outhoozed t0 autM1enticata a d to id nit Gary Cry Id, anon James W✓ sa, Finance Manager Wa, th`B ndersignad City COuncilmambars of the, City Cooncll Of thO City of Pasco, Franklin County, Waahington. do M1areby c rtny that tM1U m s haralnaftar specified have baan r vad: that CM1OCK Nos 1473E%7 through 147407, are appmvad for payment In th6 amount Of $60,62204 On thiS 22nd day of Fobmary. 2005_ Councilmambar Councilmember SUMMARY OF GLAIM S/WIRE TRANSFERS BV FUND: GENERAL FUND: LBBlslative - 2 .311 .66 Judicial 373.93 Exacufiva 344.60 Police 6.970.2 l Fire 53 20 Administration 8 Community Services 1 .777.58 Community OBVBlopmen[ . 0.00 Engineering 273.56 Non-Departmental 20,968.05 Library 0.00 TOTAL GENERAL FUND: 22.073.51 STREET 000 C_ O. BLOCK GRANT 6,337 94 KING COMMUNITY CENTER 0.00 AMBULANCE SERVICE 150.00 CEMETERY 000 ATHLETIC PROGf2AMS 0.00 SENIOR CENTER 0.00 MULTI MODAL FACILITY 0.00 BOAT BASIN 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 0.00 PARKS FUND 0.00 TRAC OEV ELOPMENT 0.00 STAOIVM/CON VENTION CENTER - 0.00 GOLF COURSE RESIDENTIAL OEV 0.00 METRO ORUG TASK FORCE 0.00 METRO ORVG FORFEITV RE FVNO 0.00 GENERAL CONSTRVCTION 0.00 WATER/SEWER 32 741 .17 EQUIPMENT RENTAL - OPERATING 163.32 EQUIPMENT RENTAL - REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 33600 CENTRAL STORES 000 PUBLIC FACILITIES GIST 0.00 LIO CONSTRUCTION 0.00 PAYROLL CLEARING 0.00 0.00 GRAND TOTAL ALL FUNDS: S 60.822.04 2004 EXPENSES C ITV O F P A S G O Council Meeting February 22. 2005 Accounts P TM1e CIl ty Coau, Approved ncil City of Pasco. Franklin CuunH, Washington w u igned here y cartibf under penalty of perjury that the materials have boon furnished, the ed ma lobo performed as described herein and that the claim Is a just, tlue and unpaid obligation he cIH d that al nzad fo authenticate and_c$ HH to 5 Id 1�m. / Ltfl- -�--- Gary ;rut a d, CiH Ma Jamss /� L asa. Finance Manager We, t tlarsi nod City Councilmambars of the City Council of the CIH of Pasco. Franklin County. Washington. rtiH U,st the chandls s M1c - spe - - Tra nfe Nos 4279. 4260 and 42131 in the a nt of $63,963.38, have been authorized; Check Nos 147141 through 147366 are appmved for payment In the amount of $030 40533afor u combinetl total of $594.368.71 on this 22nd day of February, 2005. Councllmamber Councilmambar SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUN": GENERAL FUN": Laglslativa 869 27 Judicial 9 614-19 Exacuava >993-t3 Ps 120.040.00 Firires 13.6r,7 60 Atlmrrmnllty [E B. COmmunlH Services 67,329.69 CommunlH "ovelopman[ 11904.90 Engineering 5 .006.54 Non-"opartmon[al 78,399.91 Library 2,640.24 TOTAL GENERAL FUND: 324,202.05 STREET 01 , 105 43 C. O. BLOCK GRANT 8,504.24 KING OOMMUNITY CENTER 3,690.50 AMBULANCE SERVICE 19.223.40 CEMETERY 3,512.08 ATHLETIC PROGRAMS 24045 SENIOR CENTER 10,764.13 MULTI MO"AL FACILITY 2.520.12 RIVERSHORE TRAIL 8 MARINA MAIN 112.60 LITTER CONTROL 1 .002 23 REVOLVING ABATEMENT 481 .00 PARKS FUN" 000 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 5.417.57 SUN WILLOWS OEV ELOPMENT 106.11 METRO "RUG TASK FORCE 22.392.89 METRO DRUG FORFEITURE FUN" 549.29 GENERAL CONSTRUCTION 425.52 W ATER/SEW ER 290 235.96 EQUIPMENT RENTAL - OPERATING 24,956.05 EQUIPMENT RENTAL - REPLACEMENT 11 ,00g.00 ME"ICAVOENTAL INSURANCE 66.233.38 CENTRAL STORES 8509 PUBLIC FACILITIES "IST 3.399.68 LI" CONSTRUCTION 191 .89 LI" GUARANTY 50.00 PAYROLL CLEARING 32,01401 G RAND TOTAL ALL FUN"S: $ aa4.3aao1 2005 EXPENSES 3( b� . 2 wcRNDw rzRroR-r POIt Giry Cmmcil DATF,: 02/1N2005 Gary Cmtc4Fa Lager REOI ILAR: 02/22/2005 Stan Strebal,l ,. i..isn anve 8c Convroaaa.ity Services rnircctor FROM: Jim Ch\p§q Fr ]se-Manager SIIr7131E : 13AD DL+BT RITE-OFFS/COI„LFI'i'ION. 1 . RFFF,RFNCF. ($): wrnc-olYand c"lleeuon lists ate nn File m the Finance Departmcu[. ll. ACTION REOiIFSTFD C1F G(JiMCR./STAFF RECOMMF_NDATION�: MOTION: I rutcyn nx approve bad debt writs-offs for utility billing, ambnlancq code enforcement and Mrancil,al Co al, - al nd par4inS able tin¢ al nt of $ 161 .86821 , and, of that amount, authorize$ 157, 103.47 tine turned over ofar collection. lll_ 1115"rCJRY ANO FAC"r S' RRIEF: I _ UTILITY IIii_I_iiQO - Tines¢ ate all iaac , 60 Jaye r ulder. llirccl. wr -olt`a an, nnac, $ 10 wit], an I Int,cunfinn sadness, cr are accounts in nc "pant status. Acconnts subnvtted fur collection succeed $ 1 0.00_ 2- AMRVLANCL: "r],a all dclinqu r 90 days past d" ed ith n forwarding address. 'flruse sabcnitu,a fur vnllcetiun a ced $25x00. Dnyctaantictr ofes meluding i SHS ensmnrersg the law recinnes that the Ciry accept assiSnmcnl in these casts. 3 . gOVRT ACCOUNTS RF.CFiVARr.F. - These arc all delinquent non-canrunal and cutmnal fares, and paricing vtolanons over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcanent v ulaliun pcnalli<s cbicb are id,er u opectaMC r have been simnel rnr enllectic"s 4ceanse tire property nvener has ant cninplied or paid the 5ne. There are still liens in place car theses annnans, which will c o be in effect until the property is brought nto compliance and tine debt assucaatcd with these Lc ant are Paid. An Direct Refere l dt Tol . write-ofes Collection ta wr4c-ofes Utility Billing $ 94. 13 00 94. 13 Ambulance $ 4,600.61 16,066.97 20,667.58 Court A/R $ 00 137.635.00 137,635 00 Liens $ 00 3.471 so 3 471 _50 'rO'rA L: $ 4.694.74 157, 173.47 16L868.21 1V. ADMiNiSTAATiVF. RO[ 1T1N0: cc. Do[ French, Municipal Court Clcrk 3( b1) = a AGENDA REPORT FOR: City Cormcil February 7. 2005 TOc Gary Crutch{ae Manager.. Workshop 5 Regular Mtg. : 2/22/05 2/05 2/1,t/05 FAOMi Stan Strebel, A ve and Community Services Direct SUBJECT: Trailway License Agreement, Franklin Covaty Irrigation District L 12EFERENCE(S)c A. Proposed Agreement ii. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS. 2/14. Discuasiou 222: MOTION: I move to approve the Trailway License Ag meat with von lin County ligation District, and to authorize the Mayor to sign the document. III. FISCAL tMPACTC Development cost estimated at $300,000. IV. HISTORY AND FACTS BRIEFa A) Investigation of the feasibility of developing a linear park/ ail along the FCID pipeline/canal right-oS-way is one o{ the 2004-2005 City Council goals. Bj Stat{ has bean working £or the past several moaths to develop as agreement with FC1D which will allow the City to develop and maintain a pedestrian/bicycle trailway on the former canal (now pipeline) right-o8-way which extends from Road 1 11 at Court Street to Road 100. C) The attached agreement grants the City a 25 year license £or [he trail (subject to renewal) and sets statadards {or development and m iatenaace. Depending oa the level or improvements, stair estimates the cost of the trail installation at approximately $300,000. D) Assuming Cooncil approves the agreement which staff recommerads, sta££ intends to t11e a grant application to cover a portion o{ the authorized development expenses. 3cC]) WHEN RECORDED RETURN TO: cityo Pascq WaS6:ngton 525 W 3rd N Pasco WA 99301 TRAILWAY LICENSE AGREEMENT THIS TRAIL WAY LICENSE AGREEMENT is eaterad into this day o£ 2005, bctwacn the City of Pasch, Washington,. a Manicipal Corporation, ltc einaRer r¢fetr¢d to as "City", and the Frnnlclira Conaty Irrigation District, a Washington Municipal Corporation, h¢r¢inaHer referred to as 'District " WHEIiEA3, the District is the o o£ Oa¢ irrigatica right-oS-way located withia the City in the v inity o£ Court Slre¢t between Road 100 and Road 111 , wbich includes a roadway to provide access for maintenance and repair of its canals, and WHEREAS: the Disrrrct and the City recognize the potential for the right-of--way to become a trailway £or pedestrians and bicycle riders, bowcvcr, there are no existing improvements to facilitate the safety grad pas age Of pedestrians and bicycle riders; and WHEREAS, the City is desirous to secure a nonexclusive a cnt for the purpose of nstructiag and ramintaininA a pedestrian and bicycle trailway upon the Disrrrcr's right-o8-way as a portion ofthe City's trailway system to provide recreation for its citizens; and WHEREAS, the City and Dist>ict have determined that it is n tbeir mutual best interest to create an improved trailway to facilitate pedestrians and bicycle riders utilizing the right-of- way in such a manner as to provide a safe and attractive recreational activity and to provide for the effective use eFtbe right-o8-way for the eMeieat conveyance o£ irrigation water. NOW; THEREFORE, in consideration o£ the mutual covenants enatained herein and other and valuable consideration, it is agreed as follows: SECTION I GRANT OF LICENSE "I'he Dtrtrice does hereby grant to the City a xclusive license to occupy and u e that portioa of the I isrrrcr's right-oS-way generally lncataa acar Court Street between Road 100 and Road 1 I 1 as shown -en Exhibit A- 1 and specifically desigaated nad legally described on Exhibit Tra:lway LiaCnSC Agre n[ - 1 A-2, both o£ which are attached hereto and incorporated herein by this reference, hereinafter reF¢rred to as the "premises_^ SECTION II TERM OF LICENSE The no xclusive license provided by this Agreement shall co en the day of n 2005, and terminate on the day of m 2030. " a li ase may be renewed for subsequent terms upon written agreement of the parties. SECTION IiI RESPONSIBILITIES OF CITY The City shall : A. Prepare the construction design and speciScatioras Roy the installation of an asphalt trailway, together with landscaping and improvements, subject to the approval of the District, substantially in mplianee with that designated in Exbibit B. Said plans shall include phase 1 provisions to protect the pressure relief and turnout valves sfTlxed to the District 's pipeline witb:ra the right—o£-way, as she Exbibit C. In the nt that pha 1 pro - of deemed sufTieianq m the sole judgment of the District at any tame during the tire of this agrees rnt, to protect sucb valves. City agrees to install phase 2 provisions. B. Provide for the construction and insVeetinn of the m impro eats identified in subsection A within eighteen (t 8) months of the execution of this Agreement C. Upon c mpl¢tion of the improvements, provide ongoing maintenance and repair of the trailway including keeping the asphalt sur£ac¢ in good repair, weed control on the pathway and landscape hnVreverneats ineident thereto, and installation of appropriate signage and agoing periodic inspections. City agrees to maintain tbose portions of the rigbt-ef-wsy wbich nclud¢ improvements made by it from the eeaatcrlirae of the pipeline to the edge o£the District '.r right-eF-way. At locations wbere the trailway is proposed to cross the pipeline, District shall identify City maintenance benadaries ennsistent with the standard in this section. City agrees to - be responsible For trash control witbin the entire right —of-way. SECTION IV FUNDING OF CONSTRUCTION AND MAINTENANCE 'fhe construction and maintenance of the improvements required under this Agreement shall be the sole and singular responsibility o£ the City_ The City shall be solely responsible for all design and safety provisions c ng the c nstrnetien o£ the trailway improvements. No mprovements eF the City shall in any a :r a mpa o inhibit the delivery o£ irrigation water through the District 's c nst Facilities, n r bloek, impair, inhibit or prohibit the use by the District of its c nsl right-of--way, the delivery o£ irrigation wafer, nor the antintertanee and repair o£ the irrigation canal facilities by the District. 'trailway License Agreement - 2 SECTION V ONGOING RESPONSIBILITIES OF TDE DISTRICT The Drstrrct shall be solely responsible £or the maintenance, repair, improvement and odiFcation or the irrigatien Facilities, and for the m ntenance and repair of any facilities (phi e I or phase 2 provisions as described in Section III (A)), installed by City to protect the pressure relief- and grrrtout valves affixed to the pipeline, {llowing acceptance of such facilities by the Drstrict The Drstrict shall continue to have the resportsihility for maintenance, including eed control, for those portions of the right-of-way not maintained by the City pursuant to this Agvecrnc t. In the a at it is ssary for the Drstrict to cut or r e the asphalt or a portion of the trailway or trailway imp ovcrnems, for modifications er repair of its irrigation Facilities, it shall provide, to the extent reasonably possible, advance notification to the Crty, which shall provide for the repair of the asphalt and trailway or trailway improvements following the District's c astruction er repair activities. The Crty shall, as soon as practical, repair those damages to the asphalt trailway incident to the District's accessary a avations. SECTION V[ OUTDOOli RECREATIONAL IMMUNITY It is the intent o£ the parties that the purpose of this Agreement is to provide members o£ the public a s m the premises For outdoor recreation, and thereby, falling within the terms of RCW 4.24.2303 No fee shall be charged for any person cy entity utilizing the trailway and either party may post warning signs noting any known dangerous or artificial latent condition upon the premises. SECTION VII INDEMNIFICATION -rhe Crty shall defend, indemnify and hold the District harmless, together with its directors, officers, agents, contractors, professionals, engineers and employees, From any and all cla ims of whatsoever nature or kind, arising out of or result of any set or Failure to act in connection with the design "se nnmance, or repair of the pathway, the mprovements a iated therewith, or arising out o£ this License a cept to the extent of the - District's own negligence or intentional acts. The City, agrees to defend and pay all costs in defending all claims, including attorney Fees. This indemnification and hold harmless provision extends to any and all damages of whatsoever kind, including consequential damages, which may result from such a{rementioned claims. The Drstrict shall defend, indemnify, and hold the Crty harmless, together with its directors, officers, agents, c atmctora, prnfcsaienals, engin and employees, from any and all claims of whatsoever nature or kind, arising out of o result of any act or failure to act in crmneerimi with the design, construction, use, maintenance, cy repair of the remaining right-o£ way saa of the other irrigation lines, valves and other itrigaticrt imprccemems associated therewith, a cept to the extent o£ the Citytr ewn negligence o r meational acts. The District, agrees to defend and pay all costs in defending all claims, including attomcy fees. This "1'railwaY License Agreement - 3 indemnification and hold harmless provision extends to any and all damages of whatsoever kind, including consequential damages, whieb may result from such a{remention¢d claims. SECTION VIII OWNERSIP OF IMPROVEMENTS . During the term of this Agreement, the City shall maintain ownership of all mprovements arrd structures c nstructed by it under the terms of this Agre nt. Upon the expiration of the term of this license, all fixtures and improvements permanently affixed to the premises, shall become the property of the District. SECTION IX COOPERATION BETWEEN PARTIES The City and District recbgrrize the mutual benefits produced by coordination of respective public improvements within the FCID canal rigbt-o{--way: and hereby declare their intent to share early in£ornaatioir about respectiy¢ projects or policies so as to a oid corrtlicts as well as to optimize oppoRUnities to cooperate in the use and dev¢iopmertt o£the canal right-o£--way. SECTION X INTERLOCAL COOPERATION ACT PROVISION It is not rnteaded that a separate legal entity shall be established to conduct the ooperative undertakings n is the acquiring, holding or disposing of real or personal property anticipated, nor is there a eed for any special budget or tiraci to be created- For the purpose of this Agreement, the City Manager o{ the City of Pasco, shall be designated as the administrator of this Agreement. SECTION XI GENERAL PROVISIONS For the purpose of this Agreement, time is of the essence. Tbis Agreement is go ed, c astructed and enforced i ordance with the substantive laws of the State of Washington. Should any dispute, arise c ag the en{orcement breacb or interpretation of this Agreement, venue shall be placed in Franklin Co xrnty, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment - DATED this day o{ 2005. CITY DISTRICT CITY OF PASCO, WASHINGTON FRANKLIN COiJ N"I-Y IRRIGATION DISTRICT Trailway license Agreement - 4 ray: Michael L. Garrison Marvin Mabry Mayor / P id¢nt Auc- _ / r3� ( f vrvv� Jeanne Bloom Secretory 51'A'£E OF WASHINGTON ) as County of Franklin ) On this day personally appeared before me MICHAEL L- GARRISON, Mayor oI the City o£ Pasco, to be kaowa to he individual described in and wbo executed the within and forgoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day o£ 2005. - NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires STATE OF WASHINGTON ) ss Couuty o{ Fra iRlirn ) `� On this 9 _ day o{ 2005, be{ore me, the uradersign¢d, a Notary Public in and for the State o£ Washington, duly commissioned and sworn, personally appeared 9'Y14 and / to me known to be the President and �lSecr eta 1, ective o{ FRANKLIN COITNTY IRRIGATION DISTRICT NO. 1 , the pal corporation that executed the foregoing imistruirient, and acknowledged the said - instrument to be the free and voluntary act and deed ' of said orporation, for the uses sad purposes therein mentioned, and on oath stated that they are authcrizcd to execute the said instrument and that the seal affixed is the corporate seal of the said ernfoe nioa. W7 hand sad official seal hereto affixed the day and year first above written. pN Np� Gbr t N Public and for the State of Washington, in resi to a �F`i!� A 0 3t o _ 3 ) Fkq O -yam Z' 4 mar p4 NAM OF NOTARY PUBLIC 0r OR PR1NT) 2� t� My Appointment Expires: Sk /0 / 'rrailway License Agreement - 5 3 f j x. xf zxFWIT- dPJ d Y i OR I � � � / ■ ! � ! � / � £ � ' ' � y �' w ; ! l � , ! § � <?« . ; ; . _ . : , , . . � . . , - _ | - - | \ / . . | | | | Z . « . | 7 . y « y ! q ° ^ RD EL _ | � � \ _ - m � § , an- LA \ §k ~try S '3 „ t f � kf � S mow t 1 � + Exi-iibi t C Recommended Trail Improvements for FCIU Existing Conditions cnneatty, lane along mneranate lsz enrvouea by z=cm is targeted by me city of rascn ns n proposed Ioeatdoa £or a petlestrdaa trail pr ject to enhance recrcatioa wimin the City of Pasco. The par[icular area o£ concern will route peacstriaa trafFdc adjacent to PCID a - erns and valuing for medr conveyance lines chat present an attractive aolsanec. PCID i rnea with the safety for younger users of me trail who could stick their Hngers into the air vents and c injury and the potential £or vandalism by someone attempting to beak the deyated air-vents off at the stem. Findings Thane eight air-vans mac would be adjacent to the rt w trail. 'The a _ erns ar,a elevated approximately Hue feet above the gmuna and a sea in noret strn tnne that provides access to me connection of me air vents to the main conveyance lira c. tnxYicxj vale of c b sn ard _ 3i1 by stand valve oz set at Fn sh ground '� level. The tM1e vary in dcp[h below valve boats.s- "Iltca-e is no history of vandalism in me arcs beyond local nssiaerts adjusting me 'nrdgation valves themselves for shunting off mcir own inaividual systems. In discussion with l - Bums, F+c . if one of me a - re ens w to be broken by a andalor by accidenq me irrigation water Dula stream out r£ the ground and would most likely be noticeable by me ACID personnel. The ar is located wimin visual distance of the main building of PCID. Residea[iat housing and adjacent property would not appear to be flooded or damaged in the event of an an--vent breaking open. The water is pnassurizu to approitdmataly 10 psi. Fk�m Bndatlons I ft r ends that the City proceed wim modifications in a phased manner. Under me initial modi£catiot nts F£DR wnuld rec entl mat the City c ect s esb to me £roars of each of the ants wim 1/8 inch mesh s mg. According to Waterrnian, the mesh c an be s wed attachment to me cast aluminum a entn as long as mey arc pilot drilled to a odd splitting me cast alumdnum. TM1 mesh could be fabd ateA by a local shop nr specialty ordered from Water an. This elution shnula deter rine pedestrians from placing their fingers in harms way and allow me air-vents to act as mey were do sxnlca. Pagel of 2 Additionally. under the initial modi£cationa, HDR r Inds that the City emplace valet locks n> the gate vale¢ handles that can bt purchased from the mmanuFacmrer m prevent unwanted opening or closing of the valves. Docking valve covers should also be purchased for the valve bones for the same purpose. = m Gala Valves Lockout Valves Box Locking Covar One optional m such that HDR would rec nnnntna with FCID approval would be to fill the c rem sttuctures with a and to add stability to the a - ant piping and reduce time leverage that an individual c cnxla get to break the pipe. However, it is possible that FCID needs acc¢ss m the connections, thus the filling of th¢ stmnctur¢s would be inmpratical. A copy of the phase 1 cost estimate is attached. As a separate phase of improveme"ts, HDR r ends that the City emplace fencing atcaurad tll¢ two identified a only if brtakage of the a nts o andalism o a for FCID. Because fencing is ln expensive and may "ot be needed and the potential damage as mated with th¢ breaking o£ an amt- ant pipe is mal, it's appropriam m delay tht installation of the fencing "Ness it is warranted becaus¢ of malicious acre. With the c natruction o£ the £toting, gates for PC personnel and vehicles should be included. We've included a copy o£ the phase 2 cost estimat¢. page 2 of 2 FC/O ENGINEER'$ OPINI N OF PROBABLE OOBT PROJECT CESCRIPTION: FC IRRIO. GIST MOO$ GATE l2/9/200< CLIENT: CITY OF PASGO PROJEOT NO. PHASE 1 COST ESTIMATE FOR INITIAL MODIFICATIONS TO FCIO PROPERTY ITEM NO. QUANTITY UNIT ITEM OESORIPTION UNIT PRICE TOTAL COST H SCREENB FOP AIR VENTS 35 § 11 .5 TON VA RSE SANG FILL FOP CONCRETE $TUCTURES § 5 Eq. VALVE BOX LOCKING DOVER E/l GATE VALVE LOCKO VT E 401 E - NOTE i . Nnt a revenue predv p Pralael. ao sales raa. 3VRTOTAL E B90 f:ONi1NGENCV E 190 B.3X X E ENGINEEglrvcv AoIMINIHTRATION E 170 TAL E 038 c.lwrNN>tt-emperary r�remae sgavlor.wanlcmreat FC/np+/v ENGINEER'S OPIMON OF PROBABLE COST PRQIECT DESCRIPTION: FC IRRIG. GIST MODS DATE: 12/7/2004 CLIENT: CITY OF PASCO PROJECT NO. SE 2 O FOR MO TO F NOM QUANTITY UNIT ITEM DESCRIPTION UNIT PRICE TOTAL COST l 300 LF ROTEOTIVE FENCING E E - 2 EA N-GATES E E .00 3 2 EA VEHICLE DATES E 120 240.00 wOTE 1. Net a �avaoaa prv4wln0 P�elael, eo vvlu Iaz. gU TOTAL E 5.700 E 1.152 _ . _ ENGINEERING/AOIMINIgTRAT10N ITdOOTAL QBl2 c.Imww7•iaiayv�v�y inwmsl Faavlo%/c4wlcvr�asLFC/e/P.w AGENDA REPORT FOR: City Council February 9, 2005 TO: Gary Crutch£ ager Workshop Mtg.: 2/14/05 Regular Mtg.: 2/22/05 FROM: Stan Streb¢l, A; and Community Services Direct . SUBJECT: pro£essioaal Services Agreement — Gol£ Course Lake Aennvatiort Project - I. REFERENCE(S): A. Proposed Agreement Il_ ACTION RF_QUEST ED OF COUNCIL/STAFF RECOMMENDATIONS: 2/14: Diacussiou 2/22: MOTION: I m e to approve the Professional Services Agreement with John St¢iael f'or the Golf Course Lakes Renovation Project and, further, to authorize the City Manager to sign the agreement. III_ FISCAL IMPACT: $31 ,000 IV. HISTORY AND FACTS BRIEF: A) Th¢ Gol{ Course Lakes Renovation Pr ject is iacluded in the 2005 Capital budget and includes the final phase of i nprov¢meats to the tours¢ irrigation system that began in 2003. B) As the lakes w ant originally designed £or low maurt¢aaace aria high water quality they have gradually declined, Sll¢d up with orgaaic materials and vegetation and become an eyesore. 1 he proposed project will reconstruct the 1ake s as a water amenity {or the course while seeking to mmtmiz¢ maintenance xpense and maxim¢¢ water quality. C) Mr. St¢idel is a well-known golf course architect and was the sub-consultant £or the City's 2003 Reservoir Renovation project which was done in conjunction with die irrigation system and pump house replacement. D) - Stat3 r mmends approval o£ the agreement so that the pr jact can be bid allowing work to begin in late summer. 3cd]l PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City o£ Pasco, hereinafter referred to as the "City", nd John Steidel, Gol{ Course Arcbitect, hereinafter referred to as the '•Consultant'•. WHEREAS, the City desires to engage the professional services and assistance of a uhant to provide design ana construction mnagem¢n< servrc¢s witb respect to the Sun Willows Golf Course Lakes Renovation pr ject. NOW, THEREFORE, in nsideratioa of mutual benefits accru ag, it is agreed by and between the parties hereto as {ollows: 1 . Scooe of w r - The s ope o{ work shall include all services nd material necessary to complete the work as outlined in the scope of services entitled "ProposaV' that is dated January 31 , 2005, and marked_ as Exbibit A, attacbed hereto and incorporated herein by this reference. 2_ Owoerslrio and use of documents. All research, tests, atxrvcys, preliminary data and any and all other work product prepared or gathered by the Consultant in .preparation {or the rvic¢s rendered by the Consultant shall not be considered public records, nroyided, bowev q that: A_ All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to nd a eeptance by the City and shall at that date become pnblic records. 13 "rbe City shall have the right, upon reasonable request. to inspect, review and, subject to the approval o{ the Consultant, copy any work product. C. In the ¢vent that the Consultant shall default on this Agreerneat, crr in the ant that this contract shall be term p r o inated rio t its c mpletion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender or the work product and summary shall be a prerequisite to final payment under this contract Th¢ summary of work dose shall b¢ prepared at no additional eost, if the Alrreeraerrt is terminated through default by the Consultant. If the Agreement is terminated through c eni¢nce by the City, the City agrees to pay Consultant for the preparation of the snnnnary of work done. 3 . Pavments_ The Consnhnt shall be paid by the City for c mpletcd work for end¢r¢d under this Agreement as provided -hereinafter. Such payment shall be full mpeasatioa for work performed o rendered nd {or all labor, materials, supplies, equipment and incidentals necessary to c mplete the work. A. Payment for work accomplisbed under the terms of this Agreement shall be as set tbrtlr err the fee schedule tbund in Exbibit A (2 pages, attached), provided, in no a ent shall the payment for all work performed pursuant to this Agreement exceed the sum of $31 ,000 witbout prior authorization of the City. John Steidaf Golf Course Aaobitact, Golf Course Lakes Renovation 1 B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount £or each o [char to the Consultant. The Consultant may submit v uch¢rs to the City monthly during the progress of the work £or payment of completed phases of the pr ject Billings shall be reviewed in co junction with the City's warrant process. G The costs records and accounts pertaining to this Agreement a e to be kept ailable For inspection by representatives of the City For a period of three (3) years after final payment. Copies shall be made available upon request. 4. Tim¢ of p¢rformanc¢. The Consultant shall perform the work authorized by this Agreement promptly and deliver the work product in accordance w tb the schedule set forth in Exhibit A. 5 . Hold harrrrl¢ss at. In performing the ork trnaev this ntract, the n Cosultant agrees to defend then ity, their o£fcers, agents, s e wants and employees (hereinafter individually and collectively refer ed to a ^Indemaities"), ROm all suits, claims, demands, actions cr proceedings, and to the extent permissible by law, indemnify and hold harrnless the Indemnities Rom A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, ny rratisalert of Co nanitant cr any person or organization for wbom the Consultant may be responsible, and arising out cf the performance of professional services under this Agreement; and 13. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, i eluding in part, eccut costs and attorney fees, based upon, ny alleged to be based upon, any act, omission, or occurreace cr the Consultant nr any person o organization £or wbom the Consultant may be responsible, arising out of, in nnection with, r suiting from o aused by the performance cr failure of performance of any work o other than vrefessinnal ices under this Agreement, cr Rom ecrtditions created by the Consultant in the perf6rzaance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. G l awnt f 1 1' b-lity i -1-he Consultant shall secure and ntaintain in full fcree and effect during perf6rrnanre of all work pursuant to this c ntract a policy o£ comprehensive general al liability insurace providing coverage of at least $500,000 per rrence and $ 1 ,000,000 aggregate £or personal injury; $500,000 per o and aggregate for property damage; and pro{ssional liability i n the a uni of $ 1,000,000. Such general liability policies shall a the City as an nadditicrtal insurterl and shall [nclude a provision prohibiting c cellation of said policy, a eept upon thirty (30) days writtennotice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen ( 15) days o£ execution o£ this Agreement. Jobrt Steidel, Golf t]ouraa Architect, Golf Corrra¢ Lakes Renovation 2 7. Dim atio obibitad. Co uitant shall not discvirninste age rust ay mplcyce or applicant for employment because of race, color, religion, age, sex, asticnal origin r physical baadicap. a- Conaultant i udeoendent contractor. The parties intend that an independent coatractor relationship will be cycatea by this Agre at No agent, employee cr representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely rcspcasihlc for all acts of its agents, employees, representatives aad sub-consultants during the performance ofthis contract. 9. City aooroval. Notwithstanding the Ccasultant's status ndependeat contractor, results of tb¢ work performed pursuant to this contract must meet the approval of the City. to- Termination. Tbis being an Agreeraernt for pro£essioital ccs, either party may terminate this Agreement for any reason upon giving the other party written notice o£ such termination ao fewer than ten ( 1 O) days in advance of the eftcctivc date of said termination. 1 1 . General Proviaiona. For the purpos¢ of this Agr¢¢meat, time is of the e Sbould any dispute ariac coricerning the ertforcemcat, breach er interpretation o£ this Agreement, aue shall be placed in Franklin County, Washington, the laws of the State o£ Washington shall apply, and the prevailing parties shall be entitled to its rcascautble attorney's fees and costs. 12. Intearation. The Agreement between the parties shall c resist cf this docomettt and the Consultant's Proposal attached hereto. Tbesa writings c astitute the entire Agreement o£ the parties and shall act be am nded a capt by a writing a uteri by both parties. In the a at of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 13. Non-wa- Waiver by the City o£ any provision of this ASyccnnatt c any Lime limitation provided for in this Agreement shall not constitute a waiver of any other provisioa. 14. Noo-assi¢nsble. The to be provided by the contractor shall not be - assigned or subcontracted witbout the express written consent o£ thc City. is- Covenant oat canthtwemt reea. The Consultant ants that ba has not mplcyed er retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit o e this ceraract, and that be has act paid er agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fec, store, percentage, brokcrag¢ fee, gifts, any other sideration ntingent upon or resulting ftom the award of makiag cf this contract. For breach cr violation of this Warr my the City shall have the right to annul this contract without liability or, in its discretion to deduct ftom the ecatract pyicc or sideration, or otherwise Yccccer, the full amount of such £ce, commission, percentage, brokerage £ea, gift, or contingent fcc. John Steidal, Gol£ Course Architect, Golf Course Lakes Renovation 3 16. Notices. Notices to the City o£ pasco shall be seat to the Following address: CITY OF VASCO P. O. BOX 293 pA$CO, WA 99301 Notices to the Consultant shall be sent to the Following address: Joho St¢idcl Goif Course Architect P. O. Boa 6566 K¢an¢wicly WA 99336 Receipt o£ any aotice shall be de mad effective three (3) days after deposit o£ written notice in the U. S. mails; with proper postage mad properly address¢tl. DATED THIS DAY OF , 2005 CITY OF PASCO - CONSULTANT: John St¢itlai, Goif Course Architect BY: BY. City Manager John St¢idel, Gol£ Course Architect, Golf Course Lakea Renovatioa _ 4 P.O. BOX 6566 - (121 B S. ELY) - KENNEWICK, WA 99336 - (509) 582-6706 - FAX (509) 582-6303 ASGCA January 31 , 2005 Mr- Stan Strebet, Director Administrative and Community Services City of Pasco P. O. Box 293 Pasco, WA 99301 PROPO SAl_ It is hereby proposed to provide GoIF Course Architectural services to reconstruct three cs�isting water Features on the City of Pasco, Washington's Sun Willows Golf Course for the fees and expenses stipulated below. SCOPE: 1 . Prepare two (2)o or three (3) schematic designs a S uccessnry to provide options for City in lake size, shape and depth, a S well as, placement of excavated material . Preliminary costs estimates will be included. City shall approve one schematic design or r u prior to the developmer ofbid documents. Z. Provide complete bid documents for lake reconstructioq including grading lake lining, circulation o ratiou, irrigation and seeding, to the City i n eluding f drawings, specifications and bid proposal suitable r public bids Drawings to nclude lake development and grading will be provided at a scale and sheet size appropriate For the work. Specifications will be prepared by the Go1F Course Architect City to develop final bid document specifications by adding Golf Architect's technical specifications (in GOIF Architect's standard format) and editing City' s special and general conditions with Golf Architect-recommended language, as required. City-developed specification shall be r wed by Golf Architect prior to bid. Bid proposal language provided by Golf Architect will include lumps m Base Bid(s), Additive Alternate Bid(s), and Unit Price Bid ork, as -required. Final assembly, reproduction, and distribution o£ bid documents (pmjcct manual) are excluded. Development cf bid advertisement and bid advertising are excluded. 3 - Gol£ Course Architect will develop and provide the City one (1 ) construction cost estiruatc For constrtletion oFreservoir enhancements, in single c nsbr ction phase, by public-bid contractor. The Golf Course Architect will respond to Bidder nquirics and prcvidc reccrurnended text to City for distribution oFBid Addenda, rc""ivwd. Assist i a1 ating bids aria providing rec m nd atio s to City. 4. Respond to requests For information from m u{cturer,c utractcr, and City rcvrcw and approve material submittals Conduct up to Eorty (40) hours of construction inspectious and project administration. A m of five (5) care- hair ( 1 /2) day iaspections w m h ill be made wit construction uotes distributed after each inspection_ FEES : A. For Item 1 , a lump suru of $5,000.00 plus production expenses x e 1 _ B . For Items 2 aad 3, a lump sum of $ 1 "1,500.00 plus production expenses x 1 . 1 C. For Item a lump p su of $9,500.00 plus production expenses x l . l . D. productionn expenses (postage, printing, telephone and testing) x l . 1. are not to exceed $ 1 ,000.00. Travel expenses will not be billed. CC) V TT14DWS : This proposal for Cl If Course Design is good for a period of sis:ty (GO) days £rum this date_ (' if Course Architect agrees to complete all design work within one hundred ( 100) days o£ acceptance. Fees based on percentage of work c mplete, including expenses in red and billable at the end of each month and a e due within thirty (30) days. Interest on all past due mvmces shall accrue at I % per month. Ow uer will provide irr a timely manner the following asststauce to the Golf Architect in completing the above Scope of Work: • Owner to provide c nstruction-gratling plans ofentire Sun Willows Golf Course limits with maximum 2-foot elevation divisions. Contours shown shall be seearately located over a scaled base plan (1 inch= 100 R) that defines existing golf course features. • Develop and submit applications for lake c nstruction permits Apply f r and pay for required permits and approvals. • Provide Golf Architect with one (1 ) complete set ofbhiaiag documents and nstruction documents. • Distribute bid addenda (Golf Architect to provide recommended text for bid addenda). Contract development with installation contractor. • provide £ll-time c nstruction inspectioq with guidance from Golf Architect. - _!- Submitted: ��� RAY Accepted : �_..o•'l' It. Steidel, ASGCA For: jf F) I STET For: City ofpasco Golf Course Architect Date: January 31 , 2005 Date: AGENDA REPORT FOR: City Couacil February 9, 2005 TO: Gary Crutchfi anager Workshop Mtg. : 2/14/05 t- Regular Mtg. : 2/22/05 FROM: Stan Strebel, r f4 wand Covvnttuaity Services Direc SUBJECT: Prof¢ssional Services Agreement — Parks Shop/ Cemetery 013X¢ I. REFERENCE(S): A. Proposed Agreement IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS- 2/14. Diacusaion 2/22- MOTION- I m e to approve the Pro{ssional Services Agreement with CKJT Architects For the Parks Shop/Cemetery Office, aad Further, to authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $]6,500 is 2005 Budget - IV. HISTORY AND FACTS BRIEF: AJ The c nstructioa of a aew parks and Facilities m ntenance shop to replace the wd¢rsized park shop and outdated cemetery shop i ncluded in the 2005 budget. Additioaally, the pr ject includes a mall structure totreplace the existing home at the Cemetery which is used as a sales office. B) The City has a long and positive history with CKJT Architects, the Srm most eatly having worked on a similar project For Public Works and as the architect For the City Hall remodel project. C) The aegotiated Fee acludes design, bidding and construction managem¢nt rvices. As such, it represents less than 1 O% of the estimated pr ject cost and is certainly within industry standards_ ll) Sta recommends approval of the attached agreement. 3(e) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made aad eatered iato betweerb the City of Pasco. hereinafter referred to as the "City", aad CKJT Architects, hereinafter referred to as the "Consultant". WHEREAS, the City de to engage the professional services aad istauce of a onstdtirbg firm to provide design rand c astruction management services witharespeet to the Parks Shop/ Cemetery Office Construction project. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by aad between the parties hereto as follows: - 1 . Scone of work_ -171te scope of work shall iacluda all s ices and material n sary to c mplete the work as outlined is the scope of services that is dated February 4, 2005,e(witb - attaehed reference dated May 20, 2004) and marked as Exhibit A, attached hereto aad incorporated herein by this reference. 2. Ownership and use of documeuta. All r areb, tests, sarn eys, preliminary data and any aad all other work product prepared or gathered by the Consultant in preparatioa for the services rendered by the Consultant shall not be considered public records, provided, howev , that: A. A11 11aa1 reports, presentations and testimony prepared by the Consultant shall become the property o£ the City upon their presentation to and acceptance by the City and shall at that date become public records. 13. The City shall have the right, upon reasoaable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default cn this Agreement, o n the event that this atract shall be terminated prior to its eurnplatiorb as hereia provided, the work product o£ the Consultant, along with a summary of work clo rre to date of default or termination, shall become the property of the City aad tender of the work product and summary shall be a prerequisite to final payment under this coatraet. The summary of worlc done shall be prepared at an additional cost, if the Agreement is terminated through default by the Consultant If the Agreement is terminated through c venience by the City, the City agrees to pay Consultant for the preparation of Ube summary oFwnrk done. 3 . Pavn euta. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full corapeasation For work performed or services r ridered ad For all labor, materials, supplies, equipment and incidentals accessary to complete the work a A. Payment For work accomplished urbder the tertns of this Agreement shall be as et fbrtb oa the fee sebedule Found in U; bibit A 14 pages, auached3, provided, in ho event shall the payment for all work performed parstarat to this Agreement exceed the sum of $76,500.00 without prior authorization of the City. CKJT Arebiteets, Parka Shop/Cemetery Office Construction 1 D. All vouchers shall be submitted by the Consultant to the City for payment . pursuant to the terms of tbis Agreement The City shall pay the appropriate amount for each ucher to the Consultant. The Consultant may submit vouchers to the City monthly during the p ogress of the wcrk for payment of completed phases of the pr ject. Billings shall be reviewed in ce,junction with the City•s warrant process C. ` The cests records and accounts pertaining to this Agre at are to be kept ailable £or inspection by representatives of the City f r a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of o¢riormaac¢. -rhe Consultant shall perform the work authorized by this Agreement promptly and provide £or the delivery of construction documents by July 15, 2005 . 5. Hold harmless E nt. In performing the ork under this contract, the n Cosultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as ••Indemnities'•), from, all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnities from A. All damages or liability o£ any character including in part costs, expenses ad attorney fees based upon, any negligent act, a o£ Consultant or any person organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, ecnts and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon cy alleged to be based upon, any act, omission, o o£ the Co intent o person or organization £or whom the Consultant may be responsible,carising out of, in connection with, rcstylting from o prsea by the performance or failure o{ performance eF any work other than ofessional s trader this Agreement, or from conditions created by the Consultant in the _ per£ormanc n-performance of said work or service, regardless o£ whether or not caused in part by the party rindcami5ed hereunder. 6. General and orof¢ssiousl liability i The Consultant shall secure and maintain in full Force and effectdmirig performance o£ all work pursuant to this contract a policy o£ c mprehensive general liability insuraacc providing rage o£ at least $500,000 per and $1 ,000,000 aggregate ter personal injury; $500,000 per occurrence and aggregate For property damage; and professional liability insarance in the amount of $ 1 ,000,000. Such general liability policies shall name the City as an additional red and shall nclu to a provisioa prohibiting c ncellation of said policy, except upon ni thirty (30) days wrine notice to the City. The City shall be named as the certificate holder on the general liability i Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement CKJT Architects, Parks Shop/Cemetery Offace Construction 2 7. Dlacrimiva2iou o ohlblt¢d. Consultant shall of discriminate against any mploy¢e o r applicant For employment because of race, color, religion, age, s , national origin or physical handicap. 8. Consultant is an ind¢ocndent contractor. The parties intend that an independent contractor relationship will be created by this Agreement No agent, employee or roprosoatutivo of the Consultant shall be deemed to be an agent, employee o y representative o£ the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and sub-consultants during the performance of this contract. 9. City val. Notwithstanding the Consultant's status as an independent nrmetcr, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. Phis beiug an Agrecm¢at for professional s¢rvic¢s, either party ay terminate this Agreement £or any r upon giving the other party written notice of such termination no fewer than ten ( 1 O) days n advance of the elrective date of said termination. 11 . General Pro For the purpose of this Agreement, time is of the essence. Should any dispute urise oc,accraing the enforcement, breach c,Y nterpretation of this Agree tu, shall be placed in Fra�lirr County, Wushimauu, the laws of the State of wasbmn ton shall apply, and the prevailing parties shall be euritled to its rouseashle attorney's Fees and costs. 12. Iat¢aration. "rho Agreement between the parties shall ocasist of this document and the Ccusultaut's proposal attached berate. These writings c nstitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event o£ any c uflict between this wrinert Agreement and any provision of Exhibit A, this Agreement shall control. 13 . Nou-waiver. wa r by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall ant constitute a waiver of any other provision. 14. Non-asai¢nabl¢. The ices m be provided by the contractor shall act be assigned or subcontracted without the express written consent oFthe City. 15 . Covenant nst continent fees. The Consultant warrants that be has nut mployed or retained any company or person, ctbor than a bona fide employee working solely For the Consultant, to solicit or scourc this contract, and that he has act paid cr agreed to pay any company or persoa, other than a bona fade employee working solely for the Consultant; any fee, commission, percentage, brokerage Fee, gifts, c r any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right m annul this contract without liability or, in its discretion to deduct from the ocmtmot price or consideration, or otherwise the full amount o£ such fee, commassr percentage, brokerage fee, gift, or contingent Fee- CKJT Arcbitecta, Parka Shop/Cemetery Office Construction 3 16. Noti¢ Notices to the City of Pasco shall be sent to the following address: CITY OF PASCO - P_ O_ WO 293 W PASCO, A 99301 Notices to the Consultant shall be sent to the following address: CKJT Architects 12S Vista Way - K¢nu¢wicR, WA 99336 K¢Ceipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DA"PEll 'THIS DAY OF , 2005 CITY OF PASCO CONSULTANT. CKJT Architects By_ ny. City Manager Title: CKJT Architects, Parka Shop/Cemetery Of£c¢ Construction 4 cKjt architects - a . i . a _ February 4, 2005 Mr. Stan Strebel Gity of Pasco P.O. Box 293 Pasco, WA 99301 Dear Mr. Strebel, It was a pleasure to meet with you on January 14th to clarify the scope o£ work for the maimensuce Facility and office building. We nderstaud the maimemmee facility hus retaimsi its riginal s epe but reavmrlclmg of the existing facility i c Iouge ed. Added to the pr ject i etery office building which nderstaud m be a odular facility o site to atio We unrlershma that significant architectural design effort will be required to make its' fuaactiou and appearauce appropriate for its' purpose. Our revised fee Is a lump sum of $76,500.00 itcmxv a as P Ilows. NEW SHOP FACILITY FEE - $65,000.00 NEW OFFICE SI1.500.00 I rcjtr mmin Prc,Wamm Programming $ 1 ,600.00 Programming $ 800.00 Schematic Design $ 9,600.00 Schematic Design $ 2,400.00 Design Development $ 12,800.00 Design Development $ 2,800.00 Construction Documents $22,400.00 Construction Doc atimx $ 3,200.00 Bidding @Negotiation $ 3,200.00 F3idding ffi Negotiation $ 500.00 Construction Phase $ 16,000.00 Construction Phase $ 1 ,800.00 We hope this revised proposal Bally meets your expectations. tinviug only recently c mpleted nstruction documents for a project which required the maicrity of our staff rescure s, CKJT is enthusiastic about the prospect of being able m commence this new and exciting project. Acgards, C Architects Jams A. Taylor, Architect Brian 1. johnson, a.i.a. lamas a. taylor, a.i.a. 128 vista way kannowiok, washington 99336 509 / 763-5444 ckjt architects - a _ i . a _ May 20, 2004 Mr. Stan Strebel City o£Paseo P.O. Box 293 Pasco, WA 99301 Dear Mr. Strebel Having toured the a fisting Pasco Maintenance Facility with you o" last Thursday, May 13 and discussed the s op¢ of work witb yo and a raxrrtber of yo staff, CIGIT Architects pre nta the fbMowing architectural and engineering services Fee proposal as requested. The scope o£ work, too understanding, iacludes the construction of a new inteaanc¢ Facility of 8,000 square feet, the remodeling of the a fisting m mtenaace Facility into new a c se sort' uses, sad the rlemolitioa oFthe existing cemetery equipment building. A cost basis (for establishing a £) estimates then w facility to cost in the range of $800,000.00 and the remodel cos[ [o b¢ about $ 120,000.00. 115ia] a fee o£ 8% For new construction and 120/o £or remodel constructioq we arrive at the Following fee proposal NEW FACILITY FEE - $65,000.00 REMODELED FACII..TI"Y FEE - $15,000.00 13reattdown Br¢aKdown Program ing $ 1 ,000.00 Program iag $ 600.00 Schematic Design $ 9,600.00 Schematic Design $ 21160.00 Design Development $ 12,800.00 Design Development $ 2,880.00 Ce $unction Documents $22,400.00 Construction Documents $ 5,040.00 Bidding ffi Negotiation $ 3,200.00 Bidding ffi Negotiation $ 720.00 Construction Phase $ 16,000.00 Construction Phase $ 3,600.00 In order to provide sufficient A/E s s to prod" ng£u1 cost estimate, we propose a initial effort incorporating the programming phase, schematic design phase, and half'the design development pbase Far a total initial services Fee znneunt of $21 ,200. Upon notification by the city to complete the pr jcet, this Icavea a remmnder of $58,800.00 is F¢¢s to accomplish that end. Attached a r riald notes for your perusal and additions/corrections. We appreciate that the u s for these Facilities will be many and v iedp and we place great importance on developing these notaseinte a well documented building program- We hope this proposal fully addresses your needs. Should that be the case, ware prepared to besia the programming phase immediately. 'Fhanks for the opportunity to be o£ service. a Regards, CI itects james A. Taylor, Arefiitect Brian 1. johneon, a.i.a. james a. tayl0r, a.i.a. 106 vista way kannowick, wa3hingtOn 99336 509 / 783-5444 AGENDA REPORT NO_ 3 FOR: City Council //QQ`yy\\ February 10, 2005 TO: Gary Crutch£41d�l�ty Manager Workshop Mtg: February 14, 2005 Regular Mtg: February 22, 2005 FROM: Robert J_ AIb¢rtalt RrYcWorlrs Dircctor SUBJECT: Prof¢saional Services Agrcement with C132M Hill for Utilities QOnaulting Scr ices_ 1. REFEI2ENCE(Sl: 1 . Proposed Agreement 11. ACTION REQUESTED OP COUNCIL,/STAFF RECOMMENDA'11ONS - 02/14: Discussion 02/22: MOTION: I m e to approve the ProFessional Services Agreement with C142M Hill for on-going utilities eagiaeeriag and consulting services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Utility Fund IV. 1d1STORY AND FACTS BRIEF: 1'he proposed agreement is for oa-goiag eagiaeeriug s with CId2M Hill to provide technical and engineering support o u water, wastewater, storm water, and process water issues. Mr. Anthony lGrutseh will be the stalF s coulact person. Mr. ICrutsch is very familiar with the City utility system and has assisted the City on many utility issues over the past ten years. The agreemeut is based on a time and material basis ant to exceed $30,000 in any one year. Any task a sigam nt will be documented in letter agreements. This agre ni i railar to the agreement approved with the Transpo Group For traffic ngia eringsscrvices. These agraem¢ats provide the high technical upport £or specific issues which the sta££ does not have time to address or lack the technical background. These types of agreements also help defer the need to add staff until the volume o£ work justifies new positions. Staff recommends approval urtha agreement with CI-12M Hill. V. ADMINISTI2A'pIVE ROUTING Project File 3(" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City'% and CH2M Hill, hereinafter referred to as the "Consultant". WHEREAS, the City desir s to engage the professional s and assistance of a ulting firm to provide utilities engine ng services with respect tocOn-Going Professional scrviccs- in censijaration of mutual benefits accruing, g, it is agreed by and between the parties bcreto as hollows: 1 . Scone o£ wnvlr Services shall generally be on an on-call basis for utilities engineering ser-eices, with specific Project Assignments being done by Letter Agreement. Letter Agreements shall ncludc all screices and material necessary to a mpl:sb tasks a ssigned by the City. Anthony Krutsch shall be the Consultant's contact on all Task Assignments 8 2. Owncrshin of Worlt Product. A. All studies, plans, specifications, documents, materials, methodology, oftwar logic nd systems developed under this Agreement wbethcr finished r o f shall become e the property o£ the City f Pasco, shall be forwarded to the City of Pasco at its request and may be used by the City o£ Pasco as the City of Pasco sees fit The City of pasco agrees that if Products prepared by the Consultant are used for purposes other than those intended in this Contract, the City of Vasco does s at the City's sole risk and agrees to bold the Consnitant harmless for suet. use. R. All s reices performed under this Agreement will be conducted solely for the benefit of the City of Pasco and will not be used for any other purpose without written consent of the City of pasco. Any in{rmatien relating to the services will not be released witbont the written permission of the City of Pasco. 3 . Payments. The Corasnitant shall be paid by the City for completed work for ser-eices rendered under this Agreement as provided hereinafter. Such payment shall be full cr�rapcnsatien for work performed nr serviccs rendered and for all labor, materials, supplies, equipment and incidentals necessary to c mplete the work. A. payment for work acenraplishea nnder the terms o£ this Agreement shall be o a time and material basis, provided, in no event shall the payment for all work performed in any calendar year exceed the sum of $30,000. 13 . All v ncbers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall .pay the appropriate amount for each ucher to the Consultant. The Consultant may submit vouchers to the City monthly during the p ogress of the work for payment of completed pbasas of the project. Billings shall be revtewcd in co Junction with the City's w arrant process. C. The costs records and accounts pertaining to this Agreement are to be kept xilable for inspection by representatives of the City £or a period of three (3) years after final payment. Copies shall be made available upon request. 4. Tim¢ of performance. The Consultant shall perform the work authorized by this Agreement promptly and within the time specific in the Notice to proceed for assigricrtents. 5 . Hold harmless a¢r¢¢ment. In performing the work under this retract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter ndividually and collcctiv¢Iy referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedi"gs, and to the exteut permissible by law, indemnify and hold harmless the lndemnitees from A. all damages or liability er any character including in part costs, expenses and attorney fees; based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out o£ the performance cf professionals rvices under this Agreemeut; and 13 all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney Fees, based upon, or alleged to be based upon, any act, o s u, or occurrence of the Consultant er any person or organization for whom the Consultant may be respo siblc, arising out of, in ction with, resulting fro nrused - by the performance or failure of perform of any work rvices other than ofe ssional under this Agre ut, from e conditions created sby the Consultant perform ru v u-performancc of said work v or serice, regardless of whether or not caused in part by the party indemnified hereunder. 6. Geaeral and o of¢ssioval liabllfty i The Consultant shall secure and rruai" in full Force and effect during performancc o£ all w w ork p nt to this contract a policy ofa tmcomprchensivc general liability insurance providiug coverage of at least $500,000 per cecurrence and $ 1 ,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $ 1 ,000,000. Such general liability policies shall a a e the City as a additioual insured and shall include a provision prohibiting cancellationoF said policy, except "port thirty (30) days wrltten notice to the City. Tbc City shall be ranned as the certificate holder on the general liability i ante. Certificates of coverage shall be delivered to the City within fifteen ( 15) days of execution ofthis Agreement. 7. Discrimination prohibiced. Consultant shall not discriminate against any mpleyee or applicant for employment because of race, olor, religion, age, sex, national origin er physical handicap. 8. Consultant is ndeoendent contractor. The parties intend that an independent ontractor relatiensbip will be created by this Agreement. No agent, employee er representative of the Consultant shall be deemed to be an agent, employee er representative of the City for any purpose. Consultant shall be solely Ycsponsiblc For all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City aporovaP. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. "ibis being an Agreement for professioaal either party ray terminate this Agreement {r any r upon giving the other party written notice of such termination no fewer than ten (1 O) days in advance of the effective date of said termination- 1 1 . [ntcaration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. -rftesc writings constitute the entire Agreement erthe parties and shall not be amended except by a writing excenterl by both parties. In the event of any coanict between this written Agreement and any provision of Exhibit A, this Agreement shall control . 12. Non-wa Waiver by the City of any provisioa o£ this Agreement or any time limitation provided fb in this Agreement shall aot constitute a waiver of any other provision. 13 . Noa-assie able. The services to be provided by the contractor shall not be assigned or subcontracted without the express written coasent of the City. 14. Co nt aaalnst con Knaent fees. The Consultant warrants that be bas rtot mployed or retained any company or persoa, other than a bona fide employee working solely for the Consultant, to solicit o y securc this contract, and that he bas not paid or agreed to pay any company cr parson, other than a bona tide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other ennairleyntien contingent upon er ul steal {om the award of making of this contrabc For breach , i violation of this w arty, the City shall have the right to annul this contract without liability oa in its discretion m deduct from the coarrsct price rc consideration, otherwise recover, the full a unt ge such fee, commission, percentage, brokerage fee, gift, or mcontingen[ fee. 15 . General Provisions. For the purpose of this Agre at, time is of the essence. Should say dispute arise concerning the eaforcement, breach er interpretation ofthis Agre at, �crrac shall be placed in Frattklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 16. Notices. Notices to the City o£ Pasco shall be seat to the Following address: Bob Alberts City of Yase0 YO Box 293 Pasco, WA 99301 509-545-3444 Notices to the Consultant shall be sent to the following address: Anthony Krutsch CH2M Hill 8836 Gage Blvd_, Snit¢ 202A Kennewick, WA 99336 509-735-9149, Ext. 203 Receipt or any notice shall be deemed eF ectivc three (3) days after deposit of writtett notice in the U. S . mails, with proper postage and properly addressed. DATED THZS DAY OF 2005 CiTV OF YASCO CONSULTANT: By: "Y= Michael L. Garrison, Mayor Anthony Ktutsch, Consultant, CH2M Hill AT'T'EST: - AYYAOVEU AS TO FORM Deputy City Clerk City Attorney AGENDA REPORT - TO: City Council February 10, 2005 FROM: Gary Cru[ehfi 1 anager WorKShop Mtg. : 2/14/05 Regular Mtg.: 2122/05 SUBJECT: Municipal Court Probation Staffing 1. IiE'.FEIdENCE(S): 1 . Memorandum from Municipal Court Judge dated 2/"]/05 ll. ACTION REQUESTED OF COUNCIL / STAFN' I2ECOMMENDA'1'IONSc 2/14c Discuss:urt 2/22. MO'1'lON_ I r e to authorize o additional Probation Officer position in Municipal Court contingent on elimination of one Probation Clerk position. DL FISCAL 1MPACTc Will increase annual operating cost of Municipal Court by approximately $8,000 (about 1 %). IV. HISTORY AND FACTS BRIEF. A) The Municipal Court includes a probation division which is responsible to m nitor Municipal Court probationers. This i mplished with the hudgeted allocatiuu of one probation officer and 2.5 probation clerks. B) `fhe Municipal Court initiated its effort to comply with "Rule 11" (an administrative ruling by the State Supreme Oeart that applies to all courts in the state) which directs that all misdemeanant offenders assigned to probation be evaluated for risk (called risk ent"). Although "Rule 11" not a legislative mandate, it i all ex secration iof the court system that the i probation function include that s risk m. It is also an obvious benefit to the community to further minimize potential crime by probationers. C) The Municipal Court has mpleted its segregation of misdemeanant offender Files as the initial step in preparing for risk assessment implementation. V. DISG'USSION : A) "rhe risk assessment function is required to be conducted by a probation officer (not a clerk). The current staffing a ungement relies rat une full-time probation officer and 2. 5 clerks. The c ersion of a currently v aetrru probation clerk position to that of a second probation officer (resulting in two probation officers and 1 .5 cler") will allow full mplementation of the risk a ent function within the probation div - It i is anticipated that the 1 .5 clerk allocation will be sufficient; if it prcvves otherwise, the 2006 budget will likely include an additional half-time probation clerk. B ) Staff requests Council authorization for the change in staffing so the risk assessment function can be fully implemented. 3(91) "ATE: i- ebruary 7, 2005 i' /= Si O $ 7p/)r� TOa Gary Crutchfi¢ld City Manager FROM. Mary Berndt Ramirez, Muntc tp t (;NG REe PROPOSAL FOR CHANGE ■N 3 Ft FOR PROBATION "EPARTMEN PA3C0 M1JNlClPAL COURT Recently, we discussed th¢ changes tbat the Probatlon "apartment bas undergone to malts the department more affactive and efficient and tberaby reduce potential liability to monttortng probationers. We now are at the fast step In reforming_ tbe department. t have outlined below my proposal and the justiSCatlon tborawith to add a probation offtc¢r position Spanish-epee Ktng, wt[bout Inc erring any additional expense for the City- Pr000saF_ Substitute one ( 1 ) fu11-time Spanisb-SpeaKing Probation Officer to 11¢u of filling the one ( 1 ) vacant full-time Probation C1arK position_ Our budgeted staffing includes one ( 1 ) Probation Officer and two and one-half (2 1/2) Probation ClerKS, as noted one of the full-Lime c1¢rfts' position is vacant at the present time. 1 propose not to fill that position but ratb¢r substitut¢ if you with a full-Lima Probation Officer for that CIerK's full-time position_ Basis. V . Rule 11 (as adopted by tba WA Suprama Court) mandates Tbat a mtsdamaanant probation department that monitors - people must participate 1p rlsft assessment for all misdemeanant offenders tbat a(e se ntenc¢d to probation. It has bean around. for ewhtle but we were never to a position until very r¢cantly to employ cha ri=ft assessment. With the two steps being completed in our int¢rnal Probation plan for change, the third step yet to be implement¢d is the risK assessment_ AGENDA REPORT NO. 06 FOR: City Council DATE: 02/ 17/05 TO: a CruteFR�a��ager ReBUlae 02/22/05 _ Alb¢ D r, Prtbli/c� WorKS - FROM: Doy1¢ H¢a[F City SUBJECT: Public Heariog en Creating the Wernett/Road 38 Sewer L REFERENCE(51- 1 . Vicinity Map 2. Ordinance 11. " 'ION "ED O C /STAFF RECOMMENDATIONS- 02/22. Public Hearing_ 02/22: MOT1ON: I move to adopt Ordinance No. Creating the Wemett Read 38 Sewer U.L.LD. # 142" Ill. FISCAL TMPACT: $769,700.00 U.L.LD. Fuzed 8r Utility Fund _ IV. HISTORY AND FACTS BR1E176 The City has received a petition from forty-£ve (45) of eighty six (8ti) property o�crs to Create a U-L.Lll. to installs u the proposed boundary. The staff has bee orKing with o n the a c 1.996. The prelim ary a nt is $8,950.00 per lot The gists i "elude the i stallatioa of sewers, repaving thesstrects and the sewer _ system fees based en the 2004 fee schedule Staff believes that this U .L.1.D. represents the desires of the rr jority of the people within the particular U.L.LD. boundary and requests that the Council conduct the Public Hearing and take appropriate action en the attached Ordinance. V. ADMINISTRA"FIVE ROUTING Project File 7�0� d6 J 9 sa 's 5 W w EN W b£ avow W En s 'z 00 9£ OVOa 9 M �1 O U V bb OVOa al L 1bb 0V incr z s avoa � zs avow as N 1 { J I\ Z I Z v Cl"f'Y OF PASCO, WASHINGTON ORDINANCE NO. AN ORDINANCE relating to the waterworks utility of the City, including the sanitary sewerage system and the systarrr of storm a r surface water sewers as part thereof; authiavizing water and sewer re e bonds and Interim £nancirim to pay the cost er carrying out a portion of the system or plan of additions to and betterments ana extensions of the waterworks utility; and creating Utility Local lmprovement District No. 142_ WHEREAS, the City or Pasco, Washington (the "City"), by Ordinance No. 531 , passed March 7, 1944, provided that the system of sewerage of the City, including all additions, extensions ana betterment•_s thereto, should be operated as a part c f and as belonging m the waterworks utility or the City pursuant to the provisions of Chapter 193 of the Jaws of 1941 of the State of Washir gmn (RCW 3567320 et sey.) (the "Waterworks Utility"); and WHEREAS, by Ordinance No. 31 tJ4, passed on August 21 , 1995, the City Council adopted the City of Pasco Comprehensive Plan 1995-2015, including as a part thereof the City el' Pasco Comprehensive Sewer Plan, November 1992 (the "Comprehensive Sewer Plan"); and WHEREAS, by Ordinance No. 3239, passed on June 16, 1997, the City Council speciPCa and adopted the Comprehensive Sewer Plan as the system er plan relating tu sewers for the Waterworks Utility (the "System ur Plan") and declared the estimated cost cf the System or Plan to be $79, 1 25,t3(3(1; ana W HERF_AS, the Comprehensive Sewer Plan provides in part for the expansion and xtansion t no impro nt of the sewer collection system of the City on West Wernett Road, West Jay Street, West Ella Street, West Leola Street, West Pearl Street and Roads 38, 39 and 04 as legally described in Exhibit A hereto by the c nstruction of sanitary se r lines, s stubs, a street overlay and all other work necessary for er incidental m the provasmn of sewer service to those areas (the "Improvements"); and WHEREAS, by Resolution No. 2864 adopted January 18, 2005, the City Council declared its intention to initiate the formation of a utility local iruprovevnent district to be known anct clesignated as Utility Local J pro ruent District No. 142 of the City for the construction ana installation of the Improvements, and Pined Febmary 22, 2005, at 7:00 p.m., local time, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the Improvements applicable to Utility Local Improvement District No. 142 and for hearing all objections thereto and for cletertrrining the method of payment for the Improvements; and WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the proposed Improvements applicable to Utility Local Improvement District No. 142 and certified that estimate to the City Council, together with all papers ana infr anatien in his possession touching the propr.>sed improvements, a description of the boundaries of the utility local improvemeno district and statement o£ what poruon of the cost and expense o£ the iruprovemants should be bome by the property within the proposed district; and WHEREAS, that estimate is accompanied by a diagram of the proposed Unprovernents showing tbcreon the lots, tracts, parcels cf land, and other property which will Be specially benefited by the proposed IIuprovements and the estimated cost and expense therec F to be borne by each lot, n act and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in them r provided by law, and the hearing w s held by the City Council nu the dace and at the time above memioned, and all objections to the pmpcscd h-ttprovements w re duly ccuslacrea and o rruled by the City Council, and all persons appearing at such hearing and wislu"g to be heard were hcard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the Impro nts as hereinafter described be carried out and that a utility local improvement district be created in connection therewith; NOW, THEREFORE, THE CI"I'Y COUNCIL OF 1'HE CU-Y OF PASCO, WASHINGTON, DO ORDAIN as follows; Section 1 . The estimated cost of the ezpan nd extension and i nprovement of the sewer collection system of the City cn West WernetttAoad, West Jay Street, West Ella Street, West Lccla Street, West Pearl Street and Roads 38, 39 and 40 as legally described in Exhibit A hereto by the construction cf sanitary sewer lines, sewer stubs, a street overlay and all other work neccssaryr For or incidental to the provision of sewers c to those ar s (the "improvements°) is declared to be, as tr arly a may be, the aur unt of $76971 .00, and such cstimatad costs shall be met and defrayed From the proceeds received from the issuance and sale of water andsewer revenue bonds of the City in the total a nt of approximately $"]69,"100.00. Such water and sewcr re ue bonds shall be supported by ra mans Co be levied and a sad against properties specially bencruca by the improvements uh be included in racre utility local improvement districts authorized to Be created pursuant to the provisions of 12 W35.43.042. Section 2. The City shall issue cnc cr more s r of water ands c bonds at such tires as the City Council shall deem adv sable_ Such rcvcn a bonds shall bears such designation as the City Council hereafter shall detertnine; shall be issued in such series; shall be in Such form; shall bear such date or dates and interest rate or rates; shall be payable at such place or places; shall nature at such time cr times; shall have such option cr options of paying prior to maturity; shall guarantee such coverage and collection o£ rates; shall provide ror such additional funds and nts; and shall c main and be subject m -such provisions venants as hereafter shall a be provided by ordinance. The bonds shall be soldsuch manneroascthe City Council shall deem to be in the best interest of the City. The bonds shall be payable from the gross re cf the Waterworks Utility and From the re cipt of payments of assessrnents levied in Utility Local hrtprovemcut District No. 142 barein created to support the payment of the bonds herein authorized m be issued and any parity bouds bereafter issued. .1w 2 1, 2 Section 3. In the judgment of the City Council , the gross revenues and benefits to be de ed fro n the ope ation and m ntenance of the Waterworks Utility and the "evein provided, at the rates to be charged £or utility s s furnished, will be ra re than [sufficient to eet all expenses of operation and ra mtenance tbereo£, debt s rw t outstanding Wateorks Utility obligations and to permit the s id n -setting aside into n special fund, out of the gross revenues of the Waterworks Utility in addition to the special a nts to be levied and collected in Utility Local Innprovenrent District No. 142 herein created lr 5support the payment o£ the bonds herein authorized to be issued, of sufficient amounts to pay the principal of and interest on those bonds. Section 4. The Financc Director is uthorized and directed to create and establish in his office a special fund to be kno n and designated as "Construction Fund - i TL]D No. 1.42" (the "Construction Fund") for the sole purpose of paying the cost of carrying out the Improvements and of paying the costs and expenses connected therewith and into which fund shall be deposited the proceeds received from the issuance and sale of the bonds herein authorized to be issued. The City, through its proper officers and agents, shall proceed with the making of those Improvements and the calling of bids therefor in the t r provided by law Pending the sale of the bonds herein authorized to be i ued, the City rmaycissue interest-bearing w wants drawn upon the Construction Fund to pay duly sautborizcd atad proper costs iacnrrea in arrying out such improvements, those �nrrants to bear such interest a s ay be agreed upon between the City and any bank o m vestent banking firm agreeing to nrakea market for such warrants and such w arrants to be paid out of the proceeds received from the sale of the bonds herein authorized to beassued and from any ocher rraoncy available to the City in cash to Finance the Improvements. Tn the alternative, the City hereafter may provide by ordinance for the issuance cf other short-term obligations pursuant to chapter 39.50 I2 - The City Council dcclares that to the extent, if arsy, the City prior to the dale bonds or other short-tern-[ obligations ed to finance the Impna nts shall ake capital xpenditures for the Improvements [From funds that a of (and a mot r nably expected to be) reserved, allocated c a long-term basis, o r otherwise net aside by the City under its existing nd r c ably foreseeable budgetary and financial c mstances to finance the Improvements, thosecapital expendiutres c ntended se o d to be reimbursed out of proceeds f the bons o other short-term obligations issued in an amount not to exceed the principal -amount provided by this ordinance. Money in the Construction Fund shall be invested until needed in any investments permitted to the City by law, but i cnt shall any iruvesnnent be made in any obligation maturing later than cane year after the investment therein or later than such m ncy is nccJc6 for the purpose of the Constrneticn Fund, whichever is the lesser time, ncr shall any i estments a Iced the applicable yield limitations i rr osed by Section 148 of the Internal Revenue Code cf 1986, as ended, and applicable regulations ther¢under relating to arbitrage. income front such investments shall be deposited in the Construction Fund. Section 5. To carry out the Improvements, there is reated and establisbed Utility Local Improvement District No. 142 of the City cf Pasco, Washington (the "District"), the boundaries or territorial extent cf which District are more particularly described in ]Exhibit A attached hereto. �..,.,...�o� 3 Section 6. Unless otherwise provided by future ordinances, the entire cost and expense of the Irirprovem nts shall be borne by and a sad against the property specially benefited by such Impro uam ntse included in the District embracing as nearly as practicable all property specially benefited by such improvements. " e assessments in the District shall be for the sole purpose of payment into the Water and Sewer Revenue and Refunding Bond Redemption Fund, 1991 , if water nd s e bonds arubo ea he ed o n a parity of lien with the outstanding bonds payable frotrr such fund o r me a special bond redemptiod fund hereafter created for the payment of water and sewer revenue bonds to be issued by the City to provide the funds required to pay the cost and expense of carrying out the Improvements. Section 7. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute a eats wIueb may he deemed to more fairly reflect the special benefits to the properties being ea sea than the method provided by IZCW 35.44.030, RCW 35.44.040 and RCW 35.44.tM5. It is the City's intention to compute a scssments based cna a si"gIe s e to each property included within the boundaries of the District. If a property included within then District shall require additional service, that property shall be required to pay prior to any additional c unuaetion a charge in lieu of assessment which shall be at least the equivalent of the a nt which w uld have been applied to chat property if that property had required the additional service at the time of confirmation of the final assessment roll for the District. Sectiou 8. No property, any portion of which is outside the District, may c act to tbose bupro m euts c nstcted o r d ae a part of the D n pert District unless either that property shall have been subject to the special assessments on the assessment roll for that District or the owners of that property shall have paid prior to such c uanectien a charge in lieu of assessment which shall be at least the equivalent of those assessments whieb would have been applied to that property had it been included within that District_ Section 9. Within 15 days of the passage of this ordinance tbete shall Be filed with the ]Finance Director of the City the title of the improvement and District aruuher, a opy of the diagram or print showing the boundaries of the District and the preliminary assessment roll c abstract of rch roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense o£ such hnpro nts re be borne by each lot, tract or parcel of land. The Fin a Director shall immediately post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. Section l0. "this oraivauce shall talce effect and be in force fn:nn ana after its Passage ana we clays follow ng its publication as requirea by law. PASSED by the City Council and APPROVEll by the Mayor of Pasco, Washington, ac a regular open puhlic meeting [hereof this 22"a day of Februury, 2005. Mayor ATTEST: City Clerk _ APPROVED AS TO FORM: City Attorney .nw..vzo S EXHIBIT A ULID NO. 142 — BOUNDARY DESCRIP'T'ION Legal: A tract of land within state of Washington, Franklin County, Section 23 , Township 9 North, Range 29 East, Willamette Meridian, beginning at the southeast c of lot 1 of Short Plat 81 - 1 1 , said point being the intersection of the north right of way line of West Wernett Road and the est right cf way line of Road 36 and the Trite Point cf Beginning thence north along the west right of way line of Road 36 to the northeast crirrier of lot 1 of Short Plat 81 - 11 ; thence Westerly along the north boundary line cf lots 1 , 2, 3 and 4 rif Short Plar 81 - I l to the northwest c cf lot 4 of Short Plat 81 - 11 ; thence westerly along the northern houndary line to a point at the northwest ecryney of the west 138' of the south half of the southeast quarter of the southeast. quarter of the northeast quarter of section 23, township 9 north and range 29 cast (Parcel # 1 19- 041 -073); thence sr>utheyly along the Westerly boundary line of the West 138' of the scrudl half er the southeast quarter of the southeast quarter of the i orthcast quartcr of the s etion 23, township 9 n trth and range 29 cast (Parcel # 119-041 -073) to a distance cf approximately 27.9 feet and the east right of way line of Road 38; thence westerly along the north right of way line of Road 38 to a poinr on the west right of way line of road 38 and the northeast c of the south 300' of the urhwest quarter of the s utheast quarter of the northeast quarter ofr ection 23 township 9 north and range 29 east, exc. the west 412' thereof and exc. the east 30' and the scititir 30' for roads (Parcel # 119-042- 107) ; thence continuing west along .said line to a point at the northwest ccarner of the south 300' of the west 300' of the southwest quartcr of the southwest quarter of the southeast quarter of the northeast quarter of section 23, township 9 north and range 29 east (Parcel # l l9-(M2- 125) thence uth along the westerly boundary line to a point at the scruthWest ecrrner of the south 300' of the west 300' of the southwest quarter of the ScanhwenL quarter of the sciumh east quarter of the northeast quarter of section 23, township 9 north and ange 29 east (Parcel # 119-042- 125); thence east along the north right o£ way line of West Warnatt Road to a point of intersection with the pr jeered east right of way line of Road 40; thence scruth along said pr jeeted line to the intersection o£ the s uth right of way line of West Warnett Road and the east right of way line cf Road 40; thence connnuing south along the cast right of way line of Road 40 to a point of intersection with the projected northerly boundary line o£ the north 100' of the south 327' cf the east 206' of the south cast quarter of the northwest quarter of the southeast quarter of section 23, township 9 north and range 29 east (Parcel #119- 141 - 143); thence westerly to a poinr at the north west c of the north 100' of the south 327' of the east 206' of the s utheast quarter of the northw strquarter of the s utheast quarter of section 23, township 9 north and range 29 east (Parcel # 119- 141 - 143); thence southerly along the est houndary line to it point at the southwest corner of the, north 100' of the south 327 ' of the east 206' of the south cast quarter cf the northwest quarter of the southeast quaver of section 23, rownship 9 north and range 29 east (Parcel # 119- 141- 143) ; thence easterly along the south boundary of the north 100' of the south 327' of the cast 206' of the southeast quarter cf the orthwest quarter of the southeast quarter of section 23, rownship 9 north and range 29 cast (Parcel # 119- 141 - 143) to a point of intersection with the westerly right of way line of Road 40; thence south to the north right cf way line of West Pearl Street, said point being the intersection of the west right of way line cf Road 40 and the north right of way line o£ West Pearl Street; thence south to a point being the west right of way line of Road 40 and the south right of way 111111,12 11 line of West pearl Street; thence east along the south right of way line of West Pearl Street to a point of intersection with the scnuh right of way line of West pearl Street and the pr jected centerline of Road 38; thence north along said pr jected centerline of Road 38 to the south right of way line of West Pearl Street; thence cast along the south right of way line of West pearl Street to the west right of way line of Road 36; thence north along the west right of way line of Road 36 to the projected north right of way line of West Pearl Street; thence west along the pr<jected r h ,rth right of way line of West pearl Street to the southwest comer of Lot 7, BIocK 4, Sun Acres West Addition; thence north along the west line of Lot 7 to the northwest corner of Lot 7, Block 4, Sun Acres West Addition; thence east along the north line of Lot 7 to the west right of way line of Road 36; thence north along the west right of way line of Road 36 to the nteraection of the west right of way line of Road 36 and the pr jected r r orth right of way of West bola Street; thence west along the pr j o ected north right f way lines f West [,cola Street to the southwest corner of Lot 7, Blocic 3, Sun Acres West Addition; thence north along the west boundary line o£ Lot 7, B1ocK 3, Sun Acres West. Addition to the northwest comer of said lop thence east along the north line of L t 7 to the west right of way line u£ Road 36 and the northeast c rner of said Lot 7; thence north along the west right of way line of l uad 36 to the ntersection of the west right of way line of Road 36 and the pr jected north right of way line of West Ella Street; thence west on the projected north right of way line of West Ella Strect to the southwest c er of Lot 7, Block 2, Sun Acres West Addition; thence north along the west line of Lot 2, BIOCK 2, Sun Acres West Addition to the northwest c urner of said Lot 7; thence east along the north line of Lot 7, BIOCK 2, Sun Acres West Addition to the west right of way line of Road 36 and the northeast ecnuer of said Lot 7; thence nortM1 along the west right of way line of Road 36 to n point of inter_ection with the pr jected south right of way line of West Wernett Road; thence c ntinuing north along the pre j¢cled west right of way line of Road 36 to a point o the north right or way of West Werrett Road; thence cast along the north right of way line of West Wernett Road to a point being the intersection of the north right of way line of West Wernett Road and the west right of way line of Road 36 and the southeast ecaner of Lot 1 , Shurt Plat 81 - 11 , also being the True point of Beginning. C¢tt¢ral De3eritttinnC pr jest to be in Street: From: To: W. Octave Street Road 44 Road 50 W. Marie Street Road 44 Road 48 W. Marie Street Road 44 Road 48 W Brown Street Road 44 330' west of Road 46 Road 46 165' S. of W. Octave St W. Brown Street Road 48 165' S. of W. Octave St 208' S. of Court St. Road 50 1 65' S. of W. Octave St_ W. Octave St. CERTIFICATION 1, the undersigned, City CIerK of the City of Pascq Washington (the "City"), hereby certify as follows: 1 . -$'he attached copy of Ordinance No. (the "Ordinance") i a full, true and correct copy of the Ordinance duly passed at a regular meeting of the City Council of the City held at the regular n eetiug place thereof on February 22, 2005, as that Ordinance appears on the minute book or the City; and 2. A quorum of the ru tubers of the City Council w s present throughout the meeting and a majority or those members present voted in the proper manner for the adoption of the - Ordinance. IN WTTNESS WHEREOF, I have hereunto set my hand this day of February, 2005. Webster U. Jackson, City CIerK AGENDA l3EhOR1" 'fOo City Gnune" February la , 2005 FtiOM- Gary Crutchfl Manager WorKShup M[g-: 2/14/05 Regular Mtg.: 2/22/05 ST I 11J ECT: Allocation of ility Tax Receipts 1 . KEFEREN CE(S): t . Page x of 2005 Budget Message 2 . pmC 3 .72 ; _ proposed Ordinance 11 . ACTION RF_QUESTED OF COUNCIL / STAFN' RECOMMENDA'PIONSc 2/ 14: Discussion. 2/22: MO'P1ONa 1 n e to aanpt Ordinance No. allocating utility tax receipts ancl, further. authorize publication by summary only. I11. FISCAL 1MYACT: As discussed below. IV_ ll1ST0 RY AND FACTS RRlEF: A ) The 2005 budget . sage explains the hismrical gap in tur aing the annual expenses of the street ntenar fund. In v the city' s general Puna transfers between $200,000 and ,$400,000 m the street fund to assure aaegtrate lesnurces for anal street ntenance requirements (i .e., striping, snow removal, signal marntenance anrd pothole repau ). 13) -file city has financed its street-overlay program (whereby those city streets i uprovea to city stanaards are erh,id at least n cry 15 years) by allocating o -eighth of the 8 .59X, utility tax to finance the overlay fund. As utility rates anO cnn umptiun have . sca n r the years, the receipts from the utility tax allocated to the rl elbty fund has gra r• to at least $760.000 u tr ally- Hisrieally, the city has t average erage of $600,OOO ally let street u erlaY Pn rpo As the city c retinues to grew (through the aaairion of new streets in new subdivisions) that annual expcnldimre requirement will eunrinue to gr w. C) It is within the discretion of the City Council to reallocate a portion of the local utility tax presently allneated to the overlay {and. V_ DISCUSS ION : A) As . otea in the budget yrlessaAe, the m - ritical (near-terra) financing difficulty is the street tuna. Until the state legislature provides snnie surt of i sea r revenue lthelity a. rated with the gas tax n vehicles i way,ntl a city will[ enru nue to be 1'orcca tosuse local taxes to "fill the gap" in the street maintenance program R ) It is t ended by staff that Council allocate 20%1 of the overlay End's utility tax receipts ul the street fund. In essence, this action will reflect the 2005 budget eetion, decreasing the x u q nt reuilecl to be nansferrea from the city's general fund (which is d already stretche ) ana a ng adequate street . nrenance r At e sae tins, however, it Ones constrain the growth in aullays available for street overlays. C) Statf r a ads Council follow through en the budget ruessage and ccuuinue to work with nther cities anO eurvruies m solve the street lnaiyucnan a funding pruble ,a the stare legislatnue. Once that is - nplishecl, the utility tax allocation can be ,estol-cd to the overlay fund, to '-catch op" with the growing invevurry of streets. 8�0� ST RL131'8 The street ttmd, which accounts Fr the clay-to-day street maintenance activities (such as sh'i Ping, patching, signage, lighting = nd signals). Perennially esquires .1 subsidy from the gcnerul f uCI to provide suftieienl resources? llle cilYs cJjarq, of annual gas tux receipts IN supply lnsutt9u�ot to uppolY the annual nvuntermulee regavtonents of the local street network — and the cost obligations ate ulc ♦vn1g faster than gar tax re� enuc. Only the swte cLllq ulcacase the ga lax , so the city will have 'to continue to "fill the gap' between ga tax tevcipts and street nmlnteoanec xpeuses through the use oflocal taxes. 'l-he 2005 street fend relleels a signifeant policy change. {lather than e"Iltlnuc to rely on a substantial transfer flolu the ge .erall fund c11c11 year tut c;uver ale gap between gas tax loceipts and operating ex Pcnsos, it is rea.om mended that a portion oral( utility tax hisloricauy allocated to ale street overlay fend be. Instead, allocated directly to ale sh'cet fund (this change will tequile formal ordinance antendll-leut). l lence, the 2005 street tined is projected to receive $ 160,000 in utility tax next year; given that t1c historical gap between operating expenses and gas tux has been about $200,000, this Policy change will largely elinliltate the annual need f-cu an operating transfer froth the general fund (and utility tax receipts should grow over tilne). OeSlute the policy clung( proposed £r ne Nt Year, the 2005 street tanul will still require an operating transfer A-om the geueral feud iu the a -.punt of $275,000 for extraordinary caPital ex Penses ($200,000 is budgeted to i nPleuueut the alley paving initiative discussed earlier this Yea r). Operating expenses have increased Priucipally clue to additional electrical expcllses (more st'cet lights) and traffic signal ntulntenance. Like the prior year, the 2005 arterial street fund will provide fe-rr more than $2 million of strcct construction projects_ T11c most notable of the projects will involve u $ 1 million "pass through" state grant for c utstruction of the Ainswoltl. Orerpass (in addition to the $5 .2 n-dllion allocation to the Project by ale state legisluture earlier this year). Ill addition, $200,000 is set uside to wiclen 13urdeu Blvd. (west of Road 44) and $430,000 is allocated to accomplish phase 1 of the East Lewis Corridor pr Ject (uudergrouncling of overt end electrical lines and inswllation of sidewalks and landscape). CHAPTER 3.72 CITY STREET FUND 3 . '7`2 . 010 Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 3 . '72 .020 Duties Of Ftnaazce Manager - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 69 3 . '72 . 030 ExPenditux-es . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 3 . '72 . 040 Increase . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 3. 9`L . O 10 C:REATEIJ . There is -eaLed In t}-ac City Treasury a special land to be designated as the City "Street Fund. " All naontes lzeretofore Pala avid b crcafLer palcl to tlae City by the SLa Le under RCW 49. 29 shall be deposited i the laud . Monies i v fund shall be expended orvly for the purpose speckled i RCW 4"724 . or say an-aendvnevits ttaere LO. (Ord- 355"7 Sec . SO, 2002; Prior code Sec. 2 - 1 6. 04-) 3 . '7`2 . 020 DUTIES OF FINANCE MANAGER. The Finance Manages- i uLl-aorkzed and directed to establish in kris oflce Lhe fund . and Co carry into the f vnd all ruonies pv-ovided for to the City budget {or streeC purposes including all moneys vcd from the Stale of Washington designated Motor Vekricic Fuel Taxescfor Lhe pvvpose of tkais {u ad- (Ord- 355'7 Sec. 51 , 2002 : Prior code Sec . `L - 16. 08 . ) 3 . 92 . 030 EXPENDITURES. All expenditures made for flue construction, altar aLion , -cpaia-, an-aprovcment and v lain Cenance o{ City streets shall be paid out of suchrtu nd- (Ord- 355'7 Sec- 52?`200'2 : Yrtor code Sec 2- 16. 12 .1 3 . 92 . 040 INCREASE. The street fund may be fv-om Gtme to tin-ae £vrCl-aer aha ced or Inca-cased Frurn stay m ays available there{ov-e oa orders r ade by the City Council . No a -aey shall be withdrawn from the £aid, except that the saanc shall be rot a Poo Per street purpose in payment of expenditures for o�a- sLr action , alteration, repair, a -a-aprovement and aaiaivztenance of City sb-cets n-ratea-ials or equipn-sent purctaascd tlzerefore. (Prior code Sec. 2- 16. 16.) ORDTNANCE NO_ AN ORDTNANCE AUTHORIZING THE ALLOCATION OF CERTAIN UTILITY TAX AE CETPTS AND AMENDING CHAPTER - 5_32.0�0 OF THE PASCO MUNICIPAL CODE ENTITLED "USE OF FUNDS FOR STREET MAINTENANCE" WHEREAS, A portion of the Utility Taxes collected by the City o£ Pasco provides revenue f r the marntenarrce of City streets; and WHEREAS, that portion o£ the Utility Tax reeeived to date and designated for Street Maintenance has all heen distributed to the Street Overlay Fund and used to fhnd the overlay pr jects; and WHEREAS, the cost ofstreat maintenarvice is also paid out o£ the City Street Fund in the for oFm ellaneo us street repairs, a ntenance oftraffic control devises, street striping and snow removal; - a WHEREAS, the City Street Fund also roeeives funds t&om the State of Washington in the form of Gasoline Taxes; and which amounts have not been sufficient to cover the expenditures by the City Street Fund; and WHEREAS, the General Fund has heen required to make suixtual operating transfers to the City Street Funds to tweet cover the costs o£ maivtenance, NOW, THEREFORE, THE HERETIY ORDAIN AS FOLLOWS_ Section L Effective irtlmeaiately, a portion of the Utility Tax revenues will be apportioned to the City Street Fund and the Street Overlay Fund. Section 2. Section 5 .32 .070 entitled "Use of Funds for Street Maintenance" ofthe Pasco Municipal Code shall he and hereby is amended and shall read as follows_ 5 .32.070 USE OF FUNDS FOR STREET Tvf 1 ENANCE. Such percent of the gross proceeds of annual taxes collected under this chapter as would he generated by a cale percent tax rate ext the gross operating taxed rider this chapter shall, after ach quarterly collection, he allocated t /5t6 (20 0l to the City Street Fund. such funds shall to be reserved used for the urposes described in PMC Chanter 3."12_ and 4/5`h's BOV to the Street Overlav Fund ueh funds to be used for �d by o erlaying or sealing er asphaltic a erete streets in the Street Overlav Fund o{ the City. (Ord-2454 Sec. 1 , 1983 ; Ord. 2300 Sec. 7� 1981 ) S¢ck:nn 3. This Ord:r.ar.ce shall take full Force and effect immediately, after its approvvl, passage avd publication as required by law. PASSED by the City Council of the City of Pasco, Wasbinglon and approved as provided by 1aw this 22nd day of February, 2005 . Michael L. Garrison Mayor ATTES"1': APPROVED AS "PO FORM: Webster U. Jackson Leland B. Kerr city Clerx Ctey Attorney AGENDA REPORT NO. O5 FOIi: City Council February 16, 2005 TO: - ru tAchlbf¢¢r[ t Man ag¢r Regular Mtg: February 22, 2005 .7.J �t , ublic WorKS Director nlz FROM: Doyle Heat", City EnMhvcelq ) SU6JECT: 2005 Irrigation Upgrades Project No_ 05-7-01 T. RHFL^ RENCETSI: 1 . Bid Summary 2. Vicinity Map Il . ACTION REOUESTGO OF COUNCIL/STAFF RECOMMEN UATTON S : 2/22 . MOTION: 1 move to award the low bid for the 2005 Irrigation Upgrades Project No. 05-7-01 to Sharpe 8 Preszler, Tne., in the amount of $73,6(39.34, i eluding sales tax and, £unbar, authorize the Mayor to sigh the contract documents. 111. FISCAL IMPACT: Utility Fttnd N. Ii1STO ANI7 FACTS BRTEF: Six contractors from the Small Works Roster were invited to bid For the 2005 Irrigation Upgrades project. On February 16, 2005 staffreceived four C4) bids. The bid amounts ranged From low bid o£ $73,60934 Lo high bid amount o£ $ 1. 00,015 .05 -tcluding sales tax. The Engineer's Estimate for the pr eject is $85,773 .60 including sales tax. Starr recommends that Council award the contract to Sharpe 8c Preszla-r, Tae. V . ADM1N15"fRATTVF ROUTING - Project File 10�a� City of Pasco 2005 Irrigation Upgrades Project No. OS-7-01 February 16, 2005 Bid Summary Total E»gineering Estimate $ 85 ,773 . 60 1 . Sharpe 8c Preszler, Inc. $73 ,609 . 34 2 . Wubben Brothers, Inc- $78 ,502 . 10 3 . Watts Construction., . -Inc . $79,720- 50 4 . Ray Poland CQ�, SOUS, Inc . $ 100,015 - 05 I \ I i 1 ��BR AOMOO BLVD C77 _ -=7�(__T O � a o - r-r, - ea ovoa ae a�+oa