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2005.03.28 Council Workshop Packet
AGENDA PASCO CITY COUNCIL Worlcsbop Meeting 7c00 p.m. Msrch 28, 2005 1. CALL 'I'O ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERSa 3. ITEMS FOR DISCUSSION[ (s3 Auuusl R¢poR — Pasco Public Facilities District 1 . A �al Report from Gary Cruteb£.e a City Ma�g¢r dated March 23, 2005. 2. Atmual Report or n t Pasco Public Facilities District (Council pacKets o�y; copy available £or public review m the City Manager's office and the Pasco libraryj. (b) Discussion o£ DraFt Pasco Water Management Pian_ 1 . Agenda Report atom Robert J. Alberts, Public Works Director dated Mazch 22, 2005. 2. Drag Pasco Water Management Plan (Council pacKCts only; copy available for public inspection in the Public Works Director's office). (c)o Adoption o£ Comprehensive Par& and Recr¢adou Plan Updat¢a 1 . Agenda Report from Stan Strebel, Administrative 8 Community Services Director dated March 22, 2005. 2. Letter atom Duane Taber. 3. Plan Document (Council pacKets only; copy aeaxlaW at public library and in Administrative and Community Services Department office £or public review. PIan also ailable at ww _ under "Pasco Publications.."3 4. Resolutioa. (d) Professional S¢rvic¢s Agreement £or Preliminary Design FCID Linear Par&/rrail: 1 . Agenda Report atom Stan Strebel, Administrative Community Services Director dated March 14, 2005. 2. Proposed Agree= at. (¢3 A ey Program: 1 . Agenda Report from Robert J. Alberts, Public Works Director dated March 23, 2005. 4. OTHER ITEMS FOR DISCUSSION. (b) (c) 5. EXECUTIVE SESSION : (a) (b) (c) 6. ADJOURNMENT. REMINDERS: 1 . 12:00 p.m., Monday, March 28, Red Lion Hotel — Chamber o£ Commerce General Membership Meeting ("Community ASeada — 2005" presented by Kim Bradford 8c Chris Sivula, Trl City Harald Editorial Board_) 2. 4:00 p.m., Moaday, March 28, Port of Benton — Hanford Area Ecoaomic Investment Fund Boats Meeting. (COUNCII_MEMBER MATT WATK IDIS) 3. 1 1 :30 a Thursday, March 31 , Three Rivers Convention Center — TRIDEC Anaual Meeting. (MAYOR MIKE GARRISON and COUNCILMEMBER REBECCA FRANCIK3 4. 6:30 p.m., "fhursday, March 31 , Council Chambers — Special Meeting o£ tits City Council to interview candidates for Council Position No. 3. AGENDA 1ZEPORT TOC City Council (/�(�� March 23, 2005 FROM: Gary Crutch Pi$I�{(X�i Mauagcr Workshop Mtg. : 03/28/05 SUBJECT: Annual Report Pasco Public Facilities DiStriCt L REFERENCE(S): 1 . Annual Report of the Pasco Public Facilities District (Council packets only; copy available for public review to the City Manager' s office and the Pasco Library). II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: None. III_ FISCAL IMPACT. None. IV_ HISTORY AND FACTS BRIEF: A) The City Council established the Pasco Public Facilities District (PFD) under City of Pasco Ordinance No. 3558 in July 2002. The purpose of creating the PFD w s two- fold; first, to take advantage of the av,ailauility of state funding to assist ' regional ntera"; nd, to formally establish the authority to own, operate and maintain new or existing regional centers, such as TRAC, the baseball stadium, etc. B) The charter established by the City Council for the PFD under Ordinance No. 3558 requires an annual report to be provided by the PFD to the City Council within 90 days after the end of its fiscal year. The fiscal year fur the PFD is the calendar year (same -as city); thus, the PFD annual report is due to the City Council C) Mr. Robert Tippetq President o£ the PFD, will attend the March 28 Council meeting to present the annual report to the City Council and answer questions Councilmembers may have. 3(a) Pasco Public Facilities Eistrict Buiiding Regional Facilities through Community Partnerships P. O_ box 293 Pasco, WA 99301 ( 509)545-3404 March 23, 2005 Michael L. Garrison, Mayor City of Pas P. O. Box 293 Pasco, WA 99301 12E: Pasco Public Facilities District Atuuud AepOrt Honorable Mayor and Members of the City Council, City of Pascq Washington : 1 a n pleased to submit the 2004 ltnuaad report of the Pasco Public Facilities District, tts required ider Article 8 ur the District chartcr established a n icr Pasco Oriinanec No. 3558. In its s ud cull year ofoperation, the District w trs able to cclulpict,c provisions for consistent funding of tl e District's basic operations while enjoying the opportunity to turn its attention to planning for new regional f cilitics. Specific accomplishments oFthe District over the past year are as follows: Developed and a utcd lut intcvlocld agreement with the City o£ Paseo by which basic operating costs o£ the District arc funded, nt lul lrrinaal rate of $20,000; Continued the "pass through" oftlrc fractional state sales tax ($257,827.67), through the Pas o PFD to the Kennewick PFD, in _ upport of the "fbree-12ivers Convcntiou Ccntcr Facility in Kennewick; Developed and a cuted all nterlocal agreement with the City of- Pasco by whicb sufficient Funds (up to $30,000) will be reimhursed fur planning consultation to identify both local and rcgional priorities for new regional facilities; Although c siderable effort was expended in pursuit ofa contmimlent from the Kennewick and Richland PFDs to collaborate with the Pasco PFD in "rcgional Facilities planning," we were unsuccessful during calendar- yeas- 2004- During 2005, the District intends to ccauplcta its -egio al facilities ph ug" eF[brt (including abursement o£ costs through the City o£ Pascu interleeld agreement); the District is ecantruinca to making another effort toward rcgional collaboration in uch a plain-.ing eff rt but, iFunt able to dos within the First half of the year, then the District intends to undertake the phurning aFfart For the Pasco comanunity itself It is the District's express intent to complete its pla a iug activities during calendar year 2005- Michael L. Garrison, Mayor March 23, 2005 RL-- : Pasco PuUlic Yacili[ies llisnict Annual 12eVart Page 2 The PFD Board : cited about the planning ry Tillaeb the demonstrated by tohe ]Pase o B Critits y t hCio s yccmil' n T he- tHhe o aprad s t a ylse o v llll delal tes as the financial provisions (ally will assure the Dlsn-:ct 's abilay to Fulfill its objectives for the betterment of the Pasco (and Tri-Cities) comntunay. Respectfidly, Robot Tippet ]President Pasco PuUlic Faciliacilities �istri ct BT/GC/tlz attachment PASCO PUBLIC FACILITES DISTRICT Basic Financial Statements And Year End Report December 31 , 2004 PASCO PUBLIC FACILITIES DISTRICT Management's Discussion and Analysis December 31 , 2004 This management discussion and analysis eFthe Pasco Public Facilities District-s (PPFD) Financial performance provides a o£ the financial activities for the year ended December 31 , 2004. Please readrit in conjunction with Lae accompanying basic Fnancial statements and the notes to the fnancial statcmerats. THE DisTB "Fhe PPFD w as eated by the City Council of the City of Pasco, on July 15, 2002, to Participate iti acquisition, construction, operation, and/or financing of a regional center in the Tri-Cities area including any related parking facilities. State law, as defined in the Revised Code or Washington (RCW) Chapter 35 .57 (the City PFD Act), authorizes the City Courtcil, as the 1¢gislative authority of the City, to create a public Facilities district c extensive with the boundaries er the City for the purposes, a rrvortM others, of acquiring, nstructing, oVcrating, and financing "Regional Centers` through cooperative and jomt ventures wi8t one er more qualifying public £ilities districts. A Rcgiratal Center deftncd the City PFD Act ntion, cori£¢rence, er special events center, o arty se mbinatiory o£ Facilities, and related parking facilities, s trig a regional population c nstmcted, irnprevca ev rehabilitated after July 25, 1999 at a est of at least $ 10,000,000 including debt service. State law also states a public facilities district c eated before July 31 , 2002 that commences oristruction ev o£ a Regional Center before January 1 , 2004 may impose, solely for Aegional Center Purposes, a 0.033% sales atad use tax. The Sales Tax operates to shift a share o£ the State-s sales and use tax revenues to the public Facilities district at no additional cost to - taxpaycrs. The Board of Directors of the PPFD is c mprised of 5 m tubers; two m tubers appointed by the City Council and 3 members appointed by the City Council based onerecommendations from local organizations. The Sea a then elects President, Vice President, and Se retary/T'reasurer. The initial apps raiment o£ the Board called for a board m tuber serving a one year term, o mg a two year term, one serving a three year term and two serving four year terms. Thereafter appointments will all be £our year terms_ in December 2002, the PPFD entered into an I terlccat Agreement with the City er Pasco For administrative s "17he purpose of the agreement w s to create a cooperative basis upon which the PPFDry ay utilize the personnel_ services' rid resources of the City to fulfill its statutory function and to provide the basis o£ compensation to the City £or such services. ]n April 2003, an Interlocal Agreement was entered into with the KermewicK Public Facilities District (KPFD) for the purpose o£ makirrg the most efficient nSc o£ their powers grid in ooperation for the joint acquisition, a nstructien, operation and maintenance of a regional center serving communities in the Tri-City region. This agreement calls For the PPFD to Forward all ntargovarnmental project payments (state snles tut receipts) to the K 17D within 30 days of receipt; the agreement will continue in full force and effect nntil the earlier of ( 1 ) December 31 , 2099- (2) uch time as all bonds issued by the KPFD or the City of Kermewick for the nstruciion of the Regional Center are fully paid and retired; or (3) the loss of funding or eligibility of a party to r sales and use tax r under the authority of R 82- 14.390 r its s eesser legislatie"- The KPFD will "se th se funds to assist iry repaying the debt created by the c nstrnctiort of the Ttnce Rivers Conventioa Center located i Kermewick. The cation center is scheduled to open in June 2004. The cost of ttn convention center is approximately $20.6 million. Even though the PPFD was created in 2002, no revenues were received er xpenditmes made until 2003. In August 2004, the Pasco City Council entered into two iruerlocal agreement with the PPFD. The First is to provide $20,000 annually funding to the PFD for its basic operations. The sccanrl is for Capital Facilities planning obligates the City to rcimtvuxse the cost in used by the PPFD in hiring a o ultant and carrying out the planning process to identify potential regional centers and ether Facilities deemed bcnefcial to the community. This reimbursement obligation is limited to a ma imnm of $30,000. These statements a c prepared using the integrated approach ns prescribed by GASB Statement No- 34, Rnsee Ftnnncitr! Statements — mrd M nagement 's Uiscussiore and Anntysrs -J r State and Local Govesnmenes. The Statement oFNet Assets and the Statement nf Activitios and C71ranges in Net Assets report nformation about the District and about its activities. These statements include, all assets and liabilities of the District using the accrual basis of accounting, which is similar to the a nting cd by most private-sector c mpanies. All of the cuirrent year's r venues and expenses are taken into account regardless erwhcn the cash is rcccrocd or paid.c CONDENSED FINANCIAL POSITION INFORMATION 'Fhe Following condensed financial information provides an overview o£ the PPFD's financial position for the fiscal year coded December 31 , 2004: Assets: Cash $ 54,428 Receivables 35-326 Total Assets 89,755 Liabilities= Paya 83_395 Total etal Liabilities 83,395 Total Net Assets $ 6-360 Program Revcuues - $288,018 Program Expenditures 279.911 Net 8, 107 Begiuuiug Net Assets -1 .747 Total Net Assets $ 6_360 (a) Total Assets Assets ste eastt sad the sales taxes r vable (taxes that are due for the months of November and December sad will be received iu Isnuary and February, 2005). <bj Total Liabilities Payables are the amopuut o£ salcs taxes received and due to the ICPFD, as per interlocal agreement (c) Net Assets The di££erancc between Total Assets and Total Liabilities. (dj Program Revenues The largest £rm of reveuue is Sales Tax. (e) Program Expenses The largest expenditure is the payment made to the K.PFD o£ all the sales tax received. The other expenditures are mostly administrative is nature. CASH MANAGEMENT Surplus cash is included with the City of PHSee'3 pooled investments and invested as provided by state law. PASCO PUBLIC FACILITIES DISTRICT Fur the Year Ended December 31 , 2004 2004 Budget 2004 Actual SOURCES OF FI_JNDS : Sales Tax $ 216,000.00 $ 257,827.67 Trans{¢rs In - City or Pasco 66,000.00 30,000.00 lnterest income 1 ,000.00 1. 89.94 Total Sources o£Funds 283,000.00 288,017.61 USES OF FUNDS: Legal Services 2,000.00 1 ,183.00 Misc¢Ilaneous Professional Services 5,000.00 44.00 Legal Advertising 500.00 59.03 Combined Insurance 4,000.00 3,39918 Other Pro{¢ssional Misc. Services - 46.00 City of KetvrtawicA - 216,000.00 257,827.67 Administrative Services C_ ontract 7,200.00 7,200.00 _ Central Stores PurcM1as¢s - 6.00 Loan Principal Repayment - 10,000.00 interest Expense - 145.83 Total Uses o£FUnds 234,700.00 279,91071 Ne[ o{ Sources and Uses $ 48,300.00 $ 8, 106.90 PAS'CO PUBLIC I+ACILITIES DISTRICT NOTES TO FINANCIAL STATEMENTS INCEPTION TO DECEMBER 31, 2004 NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements o£ the Pasco Public Facilities District bnve been prepared in onfonnity with generally a eepted ac unting principals (GAAP) as applied to Snverrmrent units. The Go verrtrrtcntal Accounting Stnndazds Board (GASB) is the accepted standard-setting body for establishing governmental nting and financial reporting principles. The following is a summazy o£ the more significant policies. A_ REPORTING ENTITY The Pasco Public Facilities District (PPFD) w ns eyeatea by the City Council o£ the City o£ Pasco by passage o£ Ordinance No. 3558 on July 15,. 2002, to participate in acquisition, nst etion, operation, and/or financing of a regional center (as defined in R 35 .57) in the Tri-Cities area. The Boazd o£ Directors is comprised of 5 m tubers; two m tubers appointed by the City Council and 3 rnernbers appointed by the City Council based on recommendations From local organizations. The Board then elects a President, a Vice President, and a Secretary/Treasurer. The initial aPPOintment of the Board called For a yeaz term, o e two year term, one three year term and two Four year terms. Thereafter, appointments will be four year terms. B. FINANCIAL STATEMENTS The PPFD's Financial Statements include a Statement o£ Net Assets and a Statement of Activities and Changes in Net Assets. C. MEASUREMENT FOCUS, BASIS OF ACCOUNTING AND FINANCIAL STATEMENT PRESENTATION Th¢ PPFD's fia neial statements are reported using the resources measurement focus and the modified a al basis of accounting. Re ognized as oon aS they ¢ botb m urable and a ailable. Revenues az idered to¢be available whon they are ollectible within the current period o ough tbereafter to pay liabilities of the current period. For this Purpose, the PPFD c siders r hues to be available i£ they a collected within nO days of the end o£ the c ent fiscal poriod_ HxPendimres generally are recorded when a liability is incurred, as under aces al accounting. D. BUDGETS AND BUDGETARY ACCOUNTING 1 . Scope of Budgetary Accouu HUg Anrtusl appropriated budgets are adopted for the Pasco Public Facility District on the secrtial basis er a unting. Armusl appropriated budgets are adopted at the m jcr expenditure category level. Appropriations lapse at year-end. z_ Amevaa[g th¢ Buaget When the Board determines it is n the best interest of the PPFD to i r decrease the appropriation for a particular item, it may do so with a motion rapproved by an affirmativc vote of at least 3 Board members. `Fhe financial statements c main the original and final budget information. The original budget is the first c mplete appropriated budget. The final budget is the original budget adjusted by any autbcrized amendments. F. ASSETS, LIABILITIES AND EQUITIES I . Cash aua Equlvalcuts At December 31 , 2004, the City o£ Pasco Treasurer was bolding $54,428 of surplus cash. Tbis surplus cash is included with the City's pooled investments and invested as provided by state law. 2. Tarts R¢c¢TVabl¢ Taxes receivable consist of Washington State Sales Tax. The PPFD will distributions from the State iii January and February, 2005, S-om sales that o red during November and December, 2004. The Stater s the sales tax during the month £ollowing the sale from the business elleeting cthee tax, and then distributes the spptopriate portion o£ ttte tax the £ollowing month to the local governmental entities. NOTE 2 - STEWARDSHIP, COMPLIANCE AND ACCOUNTABIT�ITY There bave been no material violations of finance-related legal or contractual provisions. NOTE 3. — DEPOSITS 8c INVESTMENTS The PPFD's deposits a entirely c Bred by federal depositary insurance (17131C) or by ollateral held ultiple Snag ial institution collateral pool administered by the Washington public Dcposit Protection Commission (PDPC). NOTE 4 - CONTINGENCIES AND LITIGATION The District has r crded i its financial statements all material liabilities. There are no known pending claims against the District or any o£ its personnel. AGENDA. REPORT NO_ 12 FOR: City Council DA"rU- 03/22/05 TO: Gary Crutch£. ■ auag¢r Worksl.op: 03/28/05 FROM: Robert J_ Alb¢ Iif%FVOr■cs D■rector SUBJECT: Discussiou or Drart Pasco Water Mauagcutent P■au 1. REFERENCE(Sl- 1 . Drag Pasco Water Management Plan (in Com.cil packets only; copies ailab le for public inspection at the Public Works Director's otl3ce at " City a11 llj ll. ACTION REQUESTED OF COUNCIVSTAPF RECOMMENDATIONS: 03/28: Discussion 111. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The draft Water Management Plan provides history, c ant events and ecommendations water nagement £or the City. Adopting water anagement plan o one er the Council goals. Dob Wubbena or HDR Engineering will provide a presentation on the plan and recont�rnendations. V. ADMINISTRATIVE ROUTING Pr feet File 3( b1) AGENDA KEP'OAT FOR: City Council March 22, 2005 TO: Gary Crutch5 Manager Workshop Mtg. : 3/28/05 Regular Mtg. : 4/4/05 _ FROM: Start Strebel, A iv¢ and Community Services SUBJECT: Adoption of Comprehensive Park and Recreation Plan Update I. REFEIIENC E(S)- A. Letter gom Duane Taber B. Plan Document (Council packets only; copy available at public library and in Administrative and Community Services Department office For public review. Also a ailable at sco.wa.us under "Pasco Publications"J C. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONSa 3/28. Discussion 4/4e MOTION: I n te approve Resolutinn No. eeepting the Comprehensive Park and Recreation Plan Update. IIi. FISCAL IMPACT. N/A iV. HISTORY AND FACTS BRIEF. A) The City nses its Comprehensive Park and Recreation Plan document to identify, entory, prioritize and plan park facilities and r ecreath: n programs. The document guides the City in updating the Capital budget each year and is coordination with other recreation service providers and users is the City. B) The plan must he updated every six years in order for the City to remain eligible For recreation grants available through the Washiagton interagency Committee (IAC) For Outdoor Recreation. (1'he City received a $300,000 grant through the IAC two years ago to assist it in installing lights at the softball complex. C) Plan developrrteat, undertaken through a contract with Studio Cascade, a planning consultant, began last spring with an iaveatory of Facilities and programs. "I'he consultant met with various recreation users and provider groups to gain further perspective oa issnes and needs. Last tall a two-paged park aad recreation needs questiotinair¢ w mailed to all City utility customers. Some 500 returned responses were tabulated and the results incorporated into plan policies and priorities. D) Throughout the process of plan develppmenq the Park and Recreation Advisory Council has provided input and comment. The Council held a public hearing o the drag document this past January aad commeats From that meeting have also been reflected in the r ended document. At it's a.eetiag or February 10"' the Advisory Council recommended adoption of the attached plan by the City Council E) Staff r mmeads that the Cnuracil approve the attached Resolution which £onnalizes plan adoption. 3C�) _ � - ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT P.O. HOX 293, S25 NORTH THIRU AVLNOE, PASCO. WASHINGTON 99301 February 14, 2005 Fwxs+-+-srz� nn�sus 3Aaz Honorable Michael Garrison, Mayor rwx s+a_czzz Pasco City Council and os�ssi sz Mr. Gary Crutch Held, City Manager - Fwxs+3-szsa C ity o£ Pa YO Box 293 " - Pascn WA 99301 rwx s++.Jnnz Dear Mayor Ciarrtso Cottytcjl Members and Mr. Crutch Reld: N On behalF oCthe Parks and Recreation Advisory Council, I am pleased to transmit a copy o£ the City's proposed Park and Recreation Plan, 2005 Update which the Council - " recommends for adoption by the City Council. the plan is an important tool For the City to use in establishing policies for park and recreation facilities and services and in setting priorities For meeting community leisure and open space needs_ The plan must be r t wed and r ised, a appropriate, and newly adopted every six years i order F{w the City to r ain eligible For grant {nding through the State interagency Committee For Outdoor Recreation. The City's plan was last adopted in 1999. Plan development bas been an extensive process that began last spring with the selection pr Studio Cascade F; consultant i r the update. it c was n e review of the recreation programs and paz i {reps es within the community was undertaken. Several interviews ere conducted with r citi ntatives of different "stakeholder" groups including v rious sports interests, s r citizens, schools and other service providers- Itt the fall, a a mpreesps" a park and recreation tecl Fiormaire w s mailed i all City utility customers with r espouse ofi Vth 500 completed forms received tapproximacely S%). Fhese responses assisted in the idenriscation of needs and in the prioritization or improvements. The process o£ the plan developmem was highlighted in the City' s winter newsletter and a public bearing on the drag plan w s bald on January 13, 2005 by the Advisory Council. We again r teed valuable n luable commets that have been incorporated into the tinal recommended document. At a special meeting o{ Advisory Council held on February ] O, the Council passed a. motion to recommend the adoption o£ the plan to the City Council . I am pleased to therefore transmit that recommendation at this time. Thank you for your attention ar a support. Sincerely Duane Taber, Chairman Park and Rccreation Advisory Council RESOLUTION NO_ A RESOLUTION of the City of- Pasco, Washington, accepting and adopting the Comprehensive Parks and Recreation Plan, 2005 Update- W" CREAS, the citizens or the City o£ Pasco henetit From the re,ercatican programs and Park and recreation Facilities that are provided by the City and other entities within the eerarnunity; and WHEREAS, the leisure and epela space needs o£ our community can best be met through a process that identilies needs and resources, estahlishes goals and policies and prioritizes expenditures; and WHEREAS, the City has undertaken a planning process to guide its decisions. with respect to park and recreation Facilities and recreation programming, and the process has been conducted in on{rmanee with the planning policies of the Washington Interagency Committee For Outdoor Recreation; NOW THEI2E.FORE, BE I1' AESOLVE� THAT THE CITY COUNCIL OF TIIE CiTV OF PASCOt 1 . Accepts and adopts the City o£ Pasco Comprehensive Parks and Recreation Plan, 2005 Update; 2. Authorizes and directs the submission of said plan to the Washington State lnteragency Committee For Outdoor Recreation; and 3 . Directs staFF to guide Facility maintenance and development arad recreation planninn activities in con£ormanee with the plan. PASSED by the City Council of the City o£ Paseo this day of - 2005. Michael L. Garrison, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS "f0 PORM: Lee Kerr, City Attorney AGENDA REPORT POR: City Council March 14, 2005 TO: Gary CrutchP cld, City Manager Workshop Mtg. : 3/28/05 - Regular Mtg. : 4/4/05 FROM : Sian Str¢h¢l 4 Ativ¢ and Community Services Dire SUBJECT: Professional Services Agreement for Preliminary Design FCID Linear Park/"frail I. REFERENCE(S): A. Proposed Agreement IL ACT10N REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS_ 3/28: Discussion 4/4: MOT1ONa 1 m e to approve the Professional Services Agreerent with llI m L'• ng:neering for c n suiting and design services for the FCID Linear Park rail pr ject to authorize the City Manager to sign the agrceman4 and further, to include the cost in the year end budget supplernt nt. ill. FISCAL IMPACT: $20,500 1V. HISTORY ANIJ FACTS BRIEF: A) ht Fehruary, the City Council approved the license agreement with the Franklin County Irrigation District which allows the Cicy to construct a linear park/trail within the FCID canal (now piped) right-of-way from Road 111 to Road 100. B) The pr jeet is not included in this year's budget; however, staff has submitted a preliminary grant request to the State interagency Coraraitte¢ for Outdoor Recreation £or the project. C) At this points r ey and preliminary design work is necessary to develop a better idea of possible development plans and costs. Per the attached proposed agreement, HDR Engineering (current engineer en the Saeajawea Heritage Trail) is willing to do this work Foy $20,500. The proposed agreement only authorizes tasks 1 and 2 plus pro rata administration as described in the scope of work. D) As c mpletion o£ the work is necessary to allow staff to develop a realistic Pr ject budget staff r mmends that this preliminary work be authorized and the agreement app owed. 3�d� PROFESSIONAL SERVICES AGREEMENT TtIIS AGREEMENT made and entered into between the City o£ Pasco, ber¢inaRer referred to as the "City", and HDR Engineering bercina8er referred tq aS the "Consultant•. WHEREAS, the City desires to engage the professional services and assistance of a ccntsulting firin to provide design and constructioa rnanagernent services with respect to the FCID Right nr Way Trail project. - NOW, THEREFORE, i n sideration o£ mulual benefits accruing, -it is agreed by and between the parties hereto as £ollows: 1 . 5¢00¢ of wnrK_ 'fhe scope of work shall include all s ices and material n e ce sary to c mplete the work as outlined in the scope or services entitled "Pasco-FranklinCnunty Irrigation District Trail, Court Street at Road 111 to Road 100- Scope o£ Work" that is dated January 28, 2005, and marked as Exhibit A, attached hereto and incorporated herein by this reference. -1-he scope of work 1'6r this agreement is limited to Task 1 , 'task 2 and Task A (administration and quality control in the amount of $ 1 ,400). 2. Ow rshi d u of documents_ All r rcfi, tests, s rveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the se� ces s rendered by the Consultant shall not be considered public records, vide d, bowev that , A. All final reports, presentations . and testimony prepared by the Consultant shall become the property or the City upon tbcir presentation to and acceptance by the City area shall at that date become public records. B. The City shall have the right, upon reasonable 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 on this Agreement, o t in the event that this contract shall be term m re terminated Prior to its completion as herein provided, the work product o£ the Consultant, along wither summary o£ work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary or work done shall be prepared at additional cost, if the Agreement is terminatcd through default by the Consultant. if the Agteetnent is terminated through convenieace by the City, the City agrees to pay Consultant for the preparation of the snrnrasry o£ work done. 3 . Pnvm¢uts. The Consultant shall be paid by the City for completed work for rendered under this Agreement as provided hereinafter. Such payment shall be full vpensation For work per£oraned or s ces rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work a complishcd under the terms o£ this Agreement shall be as set forth on the fee schedule found in Exhibit A (5 pages, attached), provided, in no event shall HDR Engineering, FCID Right of Way 'rrail Project I the payment for all work performed pursuant to this Agreement exceed the sum of $20,500.00 without prior authorization o{ the City. 13 . All v ucbers shall be submitted by [be Consultaat to the City for payment pursuant to the terms o£ this Agreement. The City shall pay the appropriate amount for each ucher to the Consultant- The Consultant may submit v uehers to the City monthly during the progress of the work for payment of completed phases of the project Billings shall be reviewed to en junction with the City's warrant process. C. The costs reenras and accounts pertaining to this Agreemen( are to be kept ailable two inspection by representatives of the City Far a period of three (3) years after flual payment Copies shall be made available upon request. 4. Tim¢ of o¢rformaac¢. The Consultaat shall perform the work authorized by this Agreement prinmptly and deliver the work product in accordance with the schedule set forth in Exhibit A. 5 . Hold harmless asr¢¢m¢nt. In performing the ork under this cnvaraet, the Cousultant agrees to defend the City, their officers, agents, servants and employees (hereinafter adividually and collectively ref rred to as "Indemnities"), Prom all suits, claims, demands, ctions or pr-nettediulgs, and to the extent permissible by law, indemnity and hold harmless the Indemnities from A. All damages or liability of any character including in part costs, expenses and attorney tees, based upnn, any negligent act, error, or om sioa of Consultant or any person wa- organization for whom the Consultant may be responsible, and arising out ottbe performance or professional s¢ry naer this Agreement; and - B. All liability, loss, damage, claims, demands, costa and expenses of whatsoever nature, i rcludiag in part, court costs and attorney Tees, based upon, o alleged to be based upon, any nett omission, o r ce of the Consultant or any perserl nr organizatioa f r whom the Consultant may be respcwasible, arising out o£ in connection with, resulting trom or caused by the performance or failure o£ performance o£ any work or services other than ornfessinnut services under this Agreement, or from c nditions created by the Consultant ill the performanc t-performance o{ said work or s¢ry cc, regardless of whether or not caused in part by the party t indemniflea hereunder. 6. G t mala f l liability The Consultant shall s and t ain in fall fnrce and effect during pertor a of all work pursuant to this contract a policy o{ cm -npreh¢nsive general liability insurauee providing coverage of at least $500,000 per ad $ 1 ,000,000 aggregate for personal injury,; $500,000 per anct aggregate for property damage; and professional liability i n the amount of $ 1c000,000. Such general liability policies shall a the City as an nadditional insured and shall nelude a provision prohibiting cancellatioaaof said policy, except upon thirty (30) days written t notice to the City. "fhe City shall be named as the certificate holder on the general liability insurance. Ccrtifxcates c f coverage shall be delivered to the City within fifteen (15) days of execution ol' this Agreement. HDR Engiaearing, FCID 12igbt of Way Trail Project 2 7. Discriminatian nrobfbf t¢d. Co nsultant shall nct aiseyinairtate against any mplcyee cr applicant for employment because o£ race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is ad¢o¢ndent caatrnetor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, emplcyee cr repreaeraative of the Consultant shall be deemed to be a r g m y aeat, employee n representative of the City {r 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 al. Notwithstanding the Consultant's status "dependent "trader, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being Agreement for professional services, either party ay terminate this Agreement for any r upon giving the- outer party written notice of such termination ac fewer than ten (10) days n aavance cl' the effective date of said termination. i 1 . Gc al pr For the purpose cf this Agreement, - tiro¢ is of the essence. Should any dispute arise - ra a g the enforcement, breach o rp tateretation of this Agreement, �enae shall be placed in pra"klin County, Washiagton, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reascaable attorney' s fees and costs. 12. latearatiu". The Agreement between the parties shall ecrosist of this document and the Consultam's proposal attached bereto. These writings constitute the entire . Agreement of the parties and shall not be a r ended a eept by a writing a euted by both, parties. In the a nt of - any conflict between this written Agreement and any prcvisten of Exhibit A, this Agreement shall control. 13. Noa-w v' Waiver by the City of any provision of this Agreement o r any time limitation provided for in this Agreement shall act constitute a waiver of any other provision. 14. Non-assfaaabl¢. The services to be provided by the entractcr shall not be assigned or subcontracted without the express written consent cf the Cityc Is. C"venant a nst a a n a tia¢ t fees. The Consultant w arrants that he has not npleyea o retained any company or person, other than a bona fade employee working solely for the Consultant, to solicit or secure this contract, and that he has nut paid cr agreed to pay any company or person, other than a bona fide employee working solely leer the Consultant, any foe, e�rnrnissicn, percentuMe, brokerage fee, gi Rs, cr n n n y ether consideration contingent upon o sulting from the a and cf making cf this contract a per breach o r nelation of this warranty, the City shall have the right to am e lul this c "tract without liability or, in its discretion to deduct from rtr the eract price cr sideratiogcr otherwise ver, the full amount of such fee, ccrn nissioo, percentage, brokerage fee, gift, or contingent fee. flDn Fngin¢¢riag, FCiD Right of Way Trail project. 3 16. No[ic Notices to the City of Pasco shall be sent to the Tbllowing address: CITY OF PAS P- O- BOX 293 3 PASCO, WA 99301 Notices to the Consultant shall be sent to the {llowing address: tiUK ENGINEEKING Attu: Mike Murray 2805 St- Audr¢ws Loop, Suit¢ A Pasco, WA 99301 Receipt oT- arty notice shall be deemed e£Feetive three (3) days alter deposit of written notice in the U. S. mails. with Proper Postage and properly addressed. DATED THIS DAY OF 2005 C[TY OF PASCO CONSULTANT: HDR ENGINEERING fly By City Man ag¢r HDR H ngineering, FCTD Right of Way Trail Project 4 Exhibit "A" Pasco—Franklin County Irrigation District Trail Court Street at Road l l l to Road 100 Scope of Work General Tha City of Pasco is proposing a nsw section of trail, lying within the Franklin County Irrigation (FCIE>) right of way, from Court Street near the, Road 100 intarse,ction and continuing in at north and easterly dirsction approximatsly 6,300 fe,e,t to a connection with Road 100. The authorization by the, FCIIJ for the construction and maintenance of the trail by the City of Pasco will be, grante,d through a Trailway Licsnse, Agreement entered into by both parties. A conceptual detail for this trail section has bean developed, entitled Exhibit "B", and will be, incorporated to said agreement. In addition, the agrae,mant will include provisions for recom mande,d trail improvements to FCIO facilities, entitle,d Exhibit °C", considered nece,sssry to allow safe joint useage of the FCIO right of way. The, City plans to apply for funding for construction and cle,sire,s to haves final plans ready for construction this during the irrigation off-season beginning on or about Nove,mbe,r 16'. To accomplish this goal the City is tasking HOR Engineering, Inc. with the, following work. Task l —Survay (Subcontracted) Survey will include, the following: t . Establishment of the centerline of FCIO right of way within projects limits. 2. Collect of topographic information within FCIM right of way, extending to the edge of existing paralleling streets (Road 111 ) and stre,e,t intsrse,ctions. oelivsrables Topographic Survey drawing in both electronic format and hard copy_ TASK 2 - Ueveloo Conceptual Uesis�n - HiEtR shall sche,dule, a kickoff meeting with raprsaantatives of the City, the FCI !Ct ,and the landscape architect to discuss conceptual design Features and identify additional features that need to be include,d in the design. Based upon an agreement rsachsd- at the meeting , HOFt ahail develop conceptual plans for consideration by the City and the FCI1Ct. Court Straa[ at goad 100 to Road 11 1 Trail 1/2H/O5 Scopes of work Pages 1 Of 4 Oelivarablas- • Protect kick-off meeting with the City and the FCIp to datarm ine what faatu res what design features are needed . • Conceptual Design including the following plan sheets: o Titles Sheet (with street index) General Abbreviations and Symbols Plan and Profile ( 14 shoats) Trail Ostail Shoat (1 shoat) Landscaping plans (3 sheets) — By Subcontract • Completed SEPA checklist • Conceptual Opinion of Cost City Responsibilities: • Attending scoping meetings and providing project input. • Review and comment of Conceptual Design including selection . • Submission of permit application and associated elves rtisamant costs and application fees. Task 3 - 90/ Uasion antl Final PSBrE HDR shall develop a 9046 sat of plans for the new trail section using existing base maps, available, aerial photography, collected survey data and the approval conceptual design_ Full-size (22"x 34") plan and profile drawings shall be completed at s horizontal scale of t "=20' and a vertical scale of Y "— S'. The following list of shoats are, anticipated to he included in the set: • Cover Sheet with Vicinity Map, Shoat Index, and Sheet Key • Gansral Abbreviations and Symbols • Plan and Profiles ( 14 sheets)- • Trail Oetail Sheet (2 sheets) • Landscaping plans (4 sheets) — By Subcontractor • Planting Oxtails Sheet — By Subcontractor • Irrigation Layout and Details (2 sheets) — By Subcontractor HOR shall estimate, the, project construction cost based on the 90% design and appropriate contingencies. HOR shall davalop specifications for the, project using the WSDOT standard specifications and City of Pasco standard details, where, applicable. HOR shall submit the 009Z6 design package (including drawings, specifications, and updated cost estimate) to the City and the FCIO for review and comment. Comments rsceived will be, incorporated into the final documents and the cost estimate will be revised to reflect changas and rsfinemants made ss a result of the comments. The, City will select approximately 6 drawings from the bid design drawings that will ba attached to poster board and used for presenting the design to the City Council and the public. HDR shall attend a City Council meeting to assist the City Court Str6at at Road 100 to noatl 1l l Vail 1/2a/05 Scope of Work Pages 2 of 4 staff in the presentation of tha final design for the trail to the, Council and the public. O livarsbles ' • 90-X6 design Plans, Specifications, and Engirlaer's Esxima[e • Exhibits for City Council • Final PS&.E and Bid Cfocumants Task 4 - - Biciclincl Assistance HC)R shall prepare a corrlplsta final bid package, (plans, specifications, proposal, minimum wage determinations, and City provided contract documents) for use by the City to solicit bids. HOR will respond to questions ragarding the bid package during the bid process and issue addendums through the City as ne,ce,ssary. Hr:fFt will attend the bid opening and support the City's evaluation of bids. �alivarables- • Final mylar full-size and half-size copy sat of plans • Final Bid Package in ele,ctronic format Task 5 — Construction Management Services (This services is not included in the currant Scope of Work but may be, addad by supple,mant at the option of the City) Assumotlons The, following assumptions bave, baen made during the preparation of this scope and the, datarmination of the fee for ssrvicas: 1 . The trail sraa has bean previously disturbed through-out the length of tha project and therefore no environmental permitting will be required. Environmental considerations shall be limited to the completion of SEPA Checklist for proce,ssing by the City. - 2. Storruwatar handling features, if rsquirad, for the trail shall be limited to localized axfiltration basins, commonly rafered to as shallow drywalls. Off- site, surface runoff shall be passed through the trail section using standard culverts. 3. The new trail section will be located within the existing right of way. Fee for Services The, fee for services shall. be "Time and Material" not to exceed $67, 100 without prior authorization by the City of Pasco. A multiplier of 2 .92 shall be, used on all Consultant actual direct labor costs to cover company overhead and profit. Consultant expanses chargeable to the project for travel , mileage, telephone, court street at Mood loo to noaa l l l Trau 1 /28/05 Scopa of Work Page 3 of 4 compuiar,direct cost with a with et o, copying, subcons ultants and etc. shall ba raimbursatl as a 5% mark-up. Tables A below and Exhibit "B" attached provides an estimate of the cost by task and is for informational purposes only. Tha Consultant's invoice for services will be based upon total costs incurred. TABLE A Task Est. Cost Task No. A — Administration and QA/QC $ 4,900 Task No. Y — Suv fay and data Task No. — Conce tual IZ) Cn Task No. 3 - 90% and Final lD es i o ln lection 180.,38000 0 41 , 100 Task No. 4 — C idnnt Assistance 1 ,000 Task No. 5 — Construction Manes arrant Services Not Included Total Fee (cost not to exceed] $ 67,100 Court Street of Road 100 to Flood I I I Trail - 1/28/05 Scope of Work Pages 4 of 4 . . - - :m � y - § . § / E2 \ : ° m : - 2 � 3 3 © \ ® \7 § \ : ° _ « \ - , m , • , 7 _ § } � @ aw f $ ] $ � ) - $7 gin * za e » @q « § ! & ) �a c . ! AGENDA RF_PORT NO. 13 FOR: City Council DATE: 03/23/05 TO: Gary Cr"tteh�Tield, City ]Manager Workshop: 03/28/05 FROM: Robert Y=azkb ts, Public WorKS Director SUBJECT: Alley Program 1. REFERENCEt$l: II . ACTION REQUESTED OF COUNCIL/S"I'AFF RECOMMENDATIONS : 03/28= Discussion III. FISCAL IMPACT- Paving Program: $ 100,000 net annual expense for 5 years Chin-Seal: ± $20,000 net income in mamtenance budget IV. HIS"TORY AND FACTS BRIEF: The City staff had recommended to Council the mplementatio:n o£ an alley urfacing program with an armual budget of $200,000. The idea was to asphalt all the alleys on a ost share basis with the property o s over a period of several years to ranee m mtenance costs and improve the neighborhoods. The annual maintenance of the gravel alleys takes six weeks at a eoxt o£ approximately $56,000. In addition, the City has occasionally contracted with the County to chip seal (oil and rock) alleys. The City has approximately 200 alleys that are gravel. As a demonstration project, staf£ targeted the area north o£ COUrt Street between 251° Avenue and 1411' Avenue. Questiormaires were mailed out and a neighborhood meeting field. A project in this neighborhood would pave approximately 26 alleys irvenlvinlg 499 properties. Staff received 201 respermses (representing 40% of the owners) in which 58% favored a cost sharing program rimer paving their alleys. Staff has learned during the process o£ identifying a demonstration area that this ould be a very dif5cult program to administer due to the large rntrnber of property owners that would be involved. The £act that only 40% n£ the property owners responded would also indicate that there probably is not sufficient interest to continue. Staff requests that Council reconsider the program to cost share in paving alleys City-wide. As an alternative, the City would continue to chip-seal alleys and pave certain alleys on an as needed basis through the on-going maintenance program. V. ADMINISTRATIVE ROUTING Project File 3�e�