HomeMy WebLinkAbout2005.06.27 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. June 27,2005
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Mobile Command Vehicle:
1. Agenda Report from Denis Austin, Chief of Police dated June 13, 2005.
(b) YMCA Presentation. (NO WRITTEN MATERIAL ON AGENDA). Presentation by: Steve
Howland, Executive Director, YMCA of the Greater Tri-Cities.
(c) Senate Bill 6593-Manufactured Housing and Zoning (MF#04-126-CA);
1. Agenda Report from David I. McDonald, City Planner dated June 22, 2005.
2. Proposed Ordinance.
3. Memo on Nonconforming Use Issues.
4. Memo responding to Manufactured Home Association Letter.
5. Washington State Senate Packet from the Manufactured Home Association.
(Attachments in.Council Packets and at the Pasco Library only.)
(d) Road 68 Composite Reservoir-Project 04-2-06:
1. Agenda Report from Robert J. Alberts,Public Works Director dated June 22, 2005.
2. Bid Summary.
3. Low Bid Summary.
4. Tank Construction/Painting/Elevations Drawing.
5. Tank Construction/Site Piping/Electrical Plan Drawing.
(e) Amendment No. 1 to the C112M Hill Professional Services Agreement:
1. Agenda Report from Robert J. Alberts, Public Works Director dated June 22, 2005.
2. Amendment No. 1.
3. Map.
(f) JUB Agreement-Lewis Street Design:
1. Agenda Report from Robert J. Alberts,Public Works Director dated June 23, 2005.
2. Proposed Agreement.
3. Map.
(g) Downtown Underground Utilities:
1. Agenda Report from Richard J. Smith, Community & Economic Development Director
dated June 21, 2005.
2. Draft Resolution.
(h) Trail Use for Disabled:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
June 16, 2005.
2. Proposed Ordinance.
3, RCW Definitions for Vehicles for Disabled.
(i) Establishment of Boulevard Perpetual Maintenance Fund:
I. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
June 15, 2005.
2. Proposed Ordinance.
4. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
5. EXECUTIVE SESSION:
(a)
(b)
(c)
6. ADJOURNMENT.
Workshop Meeting 2 June 27,2005
REMINDERS:
1. 12:00 p.m., Monday, June 27, Red Lion Hotel — Chamber of Commerce General Membership
Meeting. ("Update on Downtown" presented by Pasco Downtown Development Association
Executive Director,Veronica Yzquierdo.)
2. 4:00 p.m., Monday, June 27, Port of Benton — Hanford Area Economic Investment Fund Board
Meeting. (COUNCILMEMBER MATT WATKINS)
3. 1:00 p.m., Friday, July 1, TRAC Facility — Grand Old 4"` Opening Ceremony. (MAYOR MIKE
GARRISON) (ALL COUNCILMEMBERS INVITED TO ATTEND)
CITY HALL WILL BE CLOSED MONDAY,JULY 4,IN HONOR OF THE 4TH OF JULY HOLIDAY.
THE NEXT CITY COUNCIL MEETING WILL BE HELD TUESDAY, JULY 5,AT 7:00 P.M.
AGENDA REPORT
FOR: City Council June 13, 2005
TO: Gary Crutchfi 1 Manager Workshop Mtg.: 6/27105
FROM: Denis Austin, lice Chief
SUBJECT: Mobile Command Vehicle
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
6/27: Demonstration
IIL FISCAL IMPACT:
City of Pasco: None
Homeland Security: $192,696
LETPP: $92,735
IV. HISTORY AND FACTS BRIEF:
In early 2004 the City of Pasco, in cooperation with Franklin County Emergency
Management, started the process of acquiring a Mobile Command Vehicle that could be
used for major emergencies in the City and Franklin County. Funding for the Command
Vehicle came from two grants which were Homeland Security and LETPP (Law
Enforcement Terrorism Prevention Program) funds.
This Command Vehicle will assist in a multitude of law enforcement as well as fire
emergencies that require an extended command scene be established. This vehicle has the
ability to function independent with power back up and inner operable communications.
It was custom built with our specification by Emergency Management Equipment in Salt
Lake City.
The vehicle is owned by Franklin County Emergency Management with maintenance and
operation costs being shared by the participating agencies. Those agencies include the
City of Pasco Police and Fire Departments, Franklin County Sheriff's Department, City
of Connell Police Department and the Franklin County Fire Districts.
3(a)
AGENDA REPORT NO. 45
FOR: City Council Date: June 22, 2005
TO: Gary Crutchfi i Manager n/' Workshop: 6-27-05
Richard J. Sm'
t
ctor ?lT� Regular: 7-5-05
Community & co omic Development
FROM: David McDonald, City Planner P �
SUBJECT: Senate Bill 6593-- Manufactured Housing and Zoning (MF # 04-
126-CA)
I. REFERENCE(S):
A. Proposed Ordinance
B. Memo on Nonconforming use issues
C. Memo responding to Manufactured Home Association letter
D. Washington State Senate packet from the Manufactured Home
Association
(Attachments in Council Packets and at the Pasco Library only)
II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS:
6/27/05 Review and Discussion
7/5/06 Motion: I move to adopt Ordinance No. amending
PMC Title 25, by adding provisions for residential design standards,
amending Title 19 dealing with Mobile Home Parks and, further to
authorize publication by summary only.
III. FISCAL IMPACT None
IV. HISTORY AND FACTS BRIEF:
A. In March of last year, the State Legislature adopted Senate Bill
6593 dealing with housing and consumer choice. This new law
requires that, to protect consumer choices, the placement of new
manufactured homes in the City is to be regulated the same as
site-built homes. In part the law states:
"A code city may not enact any statue or ordinance that
has the effect, directly or indirectly, of discriminating
against consumers' choices in the placement or use of a
home in such a manner that is not equally applicable to all
homes."
B. Under the new law all manufactured homes built to Federal
standards must be regulated in exactly the same manner as site-
built homes. Cities can however require manufactured homes to:
(a) be new; (b) be set on a foundation per manufacturers'
specification; (c) comply with all design standards applicable to a
neighborhood; (d) meet the state energy code or equivalent; and (e)
otherwise meet all other requirements for a designated
manufactured home as defined in state law.
C. The new law is effective as of July 1, 2005.
D. The City Council held a public hearing on Senate Bill 6593 in
September of last year with a follow-up workshop in November.
The Planning Commission then reviewed the issue in April and 3(c)
conducted a public hearing in May.
E. The proposed code amendment, recommended by the Planning
Commission, fulfills the requirements of Senate Bill 6593 providing
for housing choice by permitting new factory assembled homes in
all neighborhoods site-built homes are permitted. The proposed
code amendment also permits site-built homes in all areas factory
assembled homes are permitted.
V. DISCUSSION:
A. In keeping with the state legislation the proposed code amendment
establishes residential design standards for all single family
(factory assembled & site-built) residential structures. The design
standards can be found beginning on page 15 of the proposed code
amendment. Among other things these standards would require
all dwellings to; (1) Orient main entry doors toward a street;
(2) Have a minimum of 30 sq. ft. of glazing facing a street; (3) Have
minimum roof pitches of 4/12 to 5/12; (4) Have concrete or block
foundations; (5) Have siding that extends below the top of the
foundation; (6) Have electric meters attached to an exterior wall;
and, (7) Have driveways that terminate into a garage or carport.
B. The residential design standards would apply to all dwellings
placed or constructed in the RT through the R-4 districts. The
standards would not apply to the R-1-A and the R-1-A2, Low
Density Residential Alternate Districts (formerly Residential
Factory Assembled Home Districts). These districts permit site-
built and factory assembled dwellings meeting the standards
identified in each district.
C. Because Senate Bill 6593 requires cities to regulate homes in a
manner that is... "equally applicable to all homes" the mobile home
park regulations are also being recommended for amendment.
The proposed amendment would allow site-built homes in
Residential Parks (formerly mobile home parks). As illogical as it
sounds, prohibiting site-built homes from mobile home parks
would directly violate the provisions of Senate bill 6593 that makes
it illegal to discriminate against consumer choice in housing.
D. At the workshop of June 13th the City Council raised some
questions about the proposed code amendment dealing with
electric meters and roof pitch. The memo in attachment "B"
provides information on roof pitch related to cost and insurance for
ordinance changes. Staff is recommending the 5/ 12 pitch
requirements be included in the design standards with one minor
change. The roof pitch should be applied to the main roof
structure of all houses. The language for electric meters has been
changed to require meters to be attached to a side wall of a
dwelling.
E. Attachment "D" contains the packet of information the Washington
Manufactured Housing Association submitted to the State
Legislature in support of Senate Bill 6593. This information was
not available when the Council Agenda was prepared for June 13th.
From the Senate Counsel letter it appears Senate Bill 6593 was an
11th hour action. No testimony was taken on the measure. Only
the Washington Manufactured Housing Association submitted
information in support of the Bill.
AGENDA REPORT NO. 20
FOR: City Council ` _ June 22, 2005
TO: Gary Crutchfield, City Manage Workshop Mtg: June 27, 2005
FROM: Robert J. Albert +lorks Director
SUBJECT: Road 68 Composite Reservoir--Project 04-2-06
I. REFERENCE(S):
1. Bid Summary
2. Low Bid Summary
3. Tank construction/painting/elevations drawing
4. Tank construction/site piping/electrical plan drawing
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
06/27: Discussion of bids for composite reservoir
III. FISCAL IMPACT:
Utility Fund
N. HISTORY AND FACTS BRIEF:
On June 14, 2005 staff opened bids for a composite reservoir. The bid package
required bids for a 2.0 million gallon(mg) reservoir, and a 2.5 mg reservoir, both
with options. The city received two bids. Landmark was the low bidder at
$4,079,540 for a 2.0 mg reservoir and $4,385,859 for a 2.5 mg reservoir. The
second bidder, CB & I, bid $4,673,012 for the 2.0 mg reservoir and $5,078,704
for the 2.5 mg reservoir. The bid amounts include sales tax. The Engineer's
estimates were $4,010,000 for the 2.0 mg reservoir and $4,270,000 for the 2.5 mg
reservoir respectively.
Exhibit B shows the bid breakdown for the low bidder. The exhibit also shows
those bid items that may be deleted at award. Below is an explanation for each of
those bid items.
Shrouding This provides an umbrella or cover while painting
the new reservoir to prevent overspray.
Shrouding, Provides extra protection from overspray while
existing reservoir painting the existing reservoir.
Clock The clock is an aesthetic feature only. Clock
would light up at night.
Retaining Wall A small pond built with landscape blocks would
be constructed to capture overflow water or to be
used to empty the reservoirs.
Painting of logo, Paint city logo on existing reservoir.
existing
Painting of logo, Paint city logo on new reservoir.
new
Exterior lighting Exterior light for the column and side of the new
reservoir.
3(d)
This project started in 2002 following the recommendations in the 2001 Water
System Plan. The project has been delayed due to site selection problems. The
delay has resulted in higher costs.
Since March 2004, steel prices have increased over 125 percent. Concrete prices
are also rising due to a shortage of cement. These higher prices are reflected in
the bids. Although steel prices have stabilized the last couple of months,the
designer(HDR Engineering) says there is no sign of the prices dropping. Staff
budgeted a total of$3,350,000 in the 2005 budget. The 2005 budget, which
started with the six-year C.I.P. in July, 2004 did not anticipate the dramatic cost
increases and targeted the construction of a 2.5 mg reservoir. A 2.5 mg reservoir
would improve the current operation end reliability of the water system and meet
most demand needs for twenty years in the high service area. During the design
process, staff became aware of the price increases and required the designer to bid
both a 2.0 mg and a 2.5 mg reservoir with the options. A 2.0 mg reservoir would
meet current needs and future demand to 2020 for the high service area
In reviewing the cost difference between a 2.0 mg and a 2.5 mg reservoir, staff
believes the increased cost of$306,319, or$0.61 per gallon, is a.bargain. Staff
would recommend council award a contract with the 2.5 mg reservoir. Staff
would also recommend awarding a contract with the shrouding and retaining wall.
The items for the clock, exterior lighting, and logo are aesthetic options.
The project was budgeted with the intent of using cash in the Utility Fund. Due to
higher costs, staff would recommend the Council authorize a $4.0 million dollar
revenue bond.
Based on the discussions and Council direction at the June 27, 2005 workshop,
staff will prepare a recommendation for award at the July 5, 2005 council
meeting.
V. ADMINISTRATIVE ROUTING
Project File
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Exhibit B
ROAD 68 RESERVOIR PROJECT BID DETAILS
BUDGET
New Reservoir $2,800,000
Painting Old Reservoir $300,000
Site Improvements $250,000
TOTAL $3,350,000
LOW BID Min Bid
Landmark 2mg 2.5 mg Award
Mobilization 100,000 100,000 100,000
2.0 MG Tank 3,176,888 3,176,888
2.5 MG Tank 3,459,731
Coating of Existing Reservoir 90,000 90,000 90,000
* Shrouding 40,000 40,000 -
* Shrouding for elevated res 40,000 40,000 -
* Clock 110,000 110,000 -
* Retaining Wall 80,000 80,000
Sewer Line 40,000 ' 40,000 40,000
Telemetry/DMS 30,000 30,000 30,000
Painting of Logo- existing 5,000 5,000 -
Painting of Logo- new 5,000 5,000 ' -
* Exterior Lighting 25,000 25,000
F
Record Drawings 10,000 10,000 10,000 l
Demobilization 10,000 10,000 10,000
v
Trench Safety 5,000 5,000 5,000
Sub 3,766,888 i 4,049,731 3,461,888
Sales Tax 312,652 336,128 287,337
Total j 4,079,540 4,385,859 3,749,225
2mg , 2.5 mg 2 m
* May be deleted at award
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AGENDA REPORT NO. 21
FOR: City Council Date: 06/22/05
TO: Gary Crutchfi Manager Workshop Mtg.: 06/27/05
Regular Mtg.: 07/05/05
FROM: Robert J. Albert , lk'Works Director
SUBJECT: Amendment No. 1 to the CH2M Hill Professional Services Agreement
I. REFERENCE(S):
1. Amendment No. 1
2. Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
06/27: Discussion
07/05: Motion: I move to authorize the Mayor to execute Amendment
No. 1 to the CH2M Hill Professional Services Agreement for
Road 88 Sewer Interceptor Project.
III. FISCAL IMPACT:
UtilityFund
IV. HISTORY AND FACTS BRIEF:
This amendment is to have the CH2M Hill provide design services for the
Road 88 Sewer Interceptor.
On February 22, 2005, the City signed an on-going services agreement with
CH2M Hill to provide Utility Consulting services as needed with an annual
budget of $30,000. The proposed amendment is for services that are not
considered on-going and not within the budget.
The amendment is for a specific task. The task is to design a sewer
interceptor that would service the site of the proposed new high school at
Argent Road and Road 84. The design route would be in Road 88 from
Chiwana Park to Argent Road and Bell Street. The design will also
encompass future sewers to McLaughlin Middle School and Ruth
Livingston Elementary School. The fee for this task is $42,500.
V. ADMINISTRATIVE ROUTING:
Project File
3(e)
AMENDMENT NUMBER 2 to
PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City and The CH2M. Hill entered into a Professional Services
Agreement on February 22, 2005, with respect to on-going transportation and traffic management
services.
NOW, THEREFORE, this agreement is amended to allow The CH2M Hill to provide
additional utility design and engineering services as described on Attachment A.
1. Scone of Work.
Task.A Provide a design for a new sewer interceptor in Road 88 from Chawana Park to
Argent Road and Bell Street as outlined in Attachment A. The new pipeline would be
designed to service.the new high school site and future service to McLaughlin Middle
School and Ruth Livingston Elementary School.
2. Fee.
Task A - The added services by the consultant shall be in an amount of$42,500.
3. Time of performance. ;
Task A - It is anticipated that the engineering services shall be complete for the project
within 150 days of approval of this amendment.
DATED THIS DAY OF 12005.
CITY OF PASCO: CONSULTANT—The CH2M Hill:
Michael L. Garrison, Mayor Signature Title
ATTEST: APPROVED AS TO FORM:
Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney
CH2M Hill 1
Amendment No. 1
Professional Services Agreement—On-going Services
ATTACHMENT A
CITY OF PASCO
ROAD 88/BELL STREETIROAD 84
SEWER PIPELINE
SCOPE OF SERVICES
GENERAL
The City of Pasco has been asked to provide sewer services to the new high school site
northeast of the intersection of Argent Road and Road 84. The schools at Road 88 and Road
84,south of Argent,would also be served by the new pipeline.
A preliminary layout of the new pipeline was prepared by CH2M HILL in May 2005. A
new 10-inch pipeline will be constructed in Road 88,from the interceptor connection at
Chiawana Park, to Bell Street(north of Argent). The 10-inch pipeline will continue easterly
in Bell Street to Road 84,turning north in Road 84 and terminate at a connection for the
trailer park on the east side of Road 84. The school at the northeast corner of Road 84 and
Richardson Road will be served by an 8-inch pipeline constructed in Richardson Road from
a connection with the 10-inch pipeline in Road 84.
Task 1: Preliminary Design
Preliminary Design services consist of the following:
• Contact utility companies serving the area to mark utilities in the field and obtain utility
drawings.
• Obtain right-of-way maps of the project area.
• Coordinate a site-survey of the project area to identify utility locations, rights-of-way,
and key service elevations. Survey services will be provided by the City of Pasco.
• Contact property owners adjacent to the pipeline routes to establish service lateral
locations.
• Obtain standard specifications,standard details,and drawing standards from the City of
Pasco for use on this project.
• Establish final design criteria, preliminary drawings (base map),schedule of completion
of design drawings, and preliminary opinion of probable cost.
• Meet with City to review status of Preliminary Design and obtain input, review,and
comments.
Task 2: Final Design
Final Design services consist of the following:
• Prepare final design drawings and specifications. Specifications will be prepared
utilizing City of Pasco standard specifications for sewer pipeline construction.
• Provide technical criteria,written descriptions, and design data for the City to use in
filing applications for permits, or obtaining approvals of government authorities having
jurisdiction to approve the design of the project,and assist the City in consultations.
• Update the opinion of probable cost at the 90%completion of the bidding documents.
ATTACHMENT B
CITY OF PASCO
ROAD 88/BELL STREEVROAD 84
SEWER PIPELINE
CONSULTANT COST PROPOSAL
Based on the "Scope of Services",Attachment A,for the Road 88/Bell Street/Road 84 Sewer
Pipeline project,CH2M HILL has prepared the following lump sum proposal:
Task 1 through Task 3* $ 42,500
(lump sum)
Task 4 to be determined
(per diem)
TOTAL SERVICES THIS AGREEMENT $ 42,500
No geotechnical services have been included in this proposal.
ROAD SS SEWER
INTERCEPTOR
---------------------3 1
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BE L ST
PROPOSED NEW SCHOOL
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AGENDA REPORT 1.9
FOR: City Council 06/23/05
TO: Gary Crutchfield, City Manage Workshop Mtg.: 06/27/05
Regular Mtg.: 07/05/05
FROM Robert J. Alberts arks Director
SUBJECT: JUB Agreement—Lewis Street Design
I. REFERENCE(S):
A. Proposed Agreement
B. Map
11. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS:
06/27: DISCUSSION
07105: MOTION: I move to approve the Agreement with JUB Engineers, Inc. for
engineering services for the Lewis Street design.
III. FISCAL IMPACT:
A. Arterial Street Fund
IV. HISTORY AND FACTS BRIEF:
A. The proposed S.E. Industrial Park Truck Route is a new road extending from Lewis
Street to "A" Street. The project will require the reconstruction of a portion of Lewis
Street near the SR 12 Interchange. The proposed agreement with JUB Engineers is to
design the change that would meet the needs of the new truck route and existing
traffic. The fee for this work is $11,000.
V. AMINISTRATIVE ROUTING:
A. Project File
3(t)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and JUB Engineers, Inc., hereinafter referred to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide engineering and consulting services with respect to the redesign of the
road connection on Lewis Street at the SR 12 interchange.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scone of work. The scope of work shall include all services and material
necessary to accomplish the above mentioned objectives in accordance with Exhibit A
2. Ownership and use of documents. All research, tests, surveys, preliminary data
and any and all other work product prepared or gathered by the Consultant in preparation for the
services rendered by the Consultant shall not be considered public records, row vided, however,
that:
A. All final reports, presentations and testimony prepared by the Consultant
shall become the property of the City upon their presentation to and acceptance by the City and
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, or in the
event that this contract shall be terminated prior to its completion 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 of the work product and summary shall be a
prerequisite to final payment under this contract. The summary of work done shall be prepared at
no additional cost, if the contract is terminated through default by the contractor. If the contract
is terminated through convenience by the City, the City agrees to pay contractor for the
preparation of the summary of work done.
3. Payments. 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
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be on a
lump sum basis set at$11,000.
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 for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
JUB Engineers, Inc. I
Professional Service Agreement
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available 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. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and within 90 calendar days.
5. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnitees"), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnitees from
A. all damages or liability of 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 of the performance of
professional services under this Agreement; and
B. 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, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
causee by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant
performance or non-performance of said work or service, regardless of whether or not caused in
part by the party indemnified hereunder.
6. General and professional liability insurance. The Consultant shall secure and
maintain in full force and effect during performance of all work pursuant to this contract a policy
of comprehensive general liability insurance providing coverage of at least $500,000 per
occurrence 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 name the City as an additional insured and shall include a
provision prohibiting cancellation of said policy, except upon thirty (30) days written notice 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 of execution of this
Agreement.
7. D_ iscrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national origin
or physical handicap.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
JUB Engineers, Inc. 2
Professional Service Agreement
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractor during the performance of this contract.
9. City approval. 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. This being an Agreement for professional services, either party
may terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten(10) days in advance of the effective date of said termination.
11. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
12. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
13. Non-assienable. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
14. Covenant against eontinaent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or 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 to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
15. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement,
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing parties shall be entitled to its reasonable attorneys fees and costs.
JUB Engineers, Inc. 3
Professional Service Agreement
16. Notices. Notices to the City of Pasco shall be sent to the following address:
CITY OF PASCO
P. O. BOX 293
PASCO, WA 99301
Notices to the Consultant shall be sent to the following address:
JUB Engineers, Inc.
2810 W. Clearwater Ave. Suite 201
Kennewick, WA 99336
Receipt 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.
DATED THIS DAY OF ,20
CITY OF PASCO CONSULTANT:
By: By:
Michael L. Garrison, Mayor
Its
ATTEST: APPROVED AS TO FORM:
Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney
JUB Engineers, Inc. 4
Professional Service Agreement
Scope of Work
Lewis Street Intersection
City of Pasco
Duties and Responsibilities
This project is part of a larger project that would extend a proposed truck route from "A"
Street north for direct access to Lewis Street interchange. The proposed route will then
require an intersection with E. Lewis Street and E. Lewis Place. This intersection project will
invotve minor realignment of E. Lewis Street and E. Lewis Place and the development of a
four leg intersection. The proposed roadway will be a two lane 42 foot width rural standards
(no curb and gutter, sidewalks). The anticipated operational speed will be 30 to 35 MPH. The
Design Speed will be 40 MPH.
Design standards shall be in accordance with the WSDOT LAG Manual City and County Design
Standards and the City of Pasco standards.
Design Engineering
1. Project Administration - Consultant shall oversee project tasks and coordination as
follows:
A. Project coordination with City representatives including project budget status,
meetings, schedules, updates, and task management.
B. Coordination with WSDOT will include the review of the Lewis Street Interchange
and design consultation with WSDOT officials as to the impacts due to the
realignment of Lewis. It is anticipated that the improvements will be within the
City of Pasco jurisdiction and no official approval process will be required by
WSDOT.
2. Data Collection - Consultant shalt conduct the following tasks needed to collect
information for the design of the proposed alignment and improvements:
A. Owner provided survey will be used for the development of CADD Base Maps.
Information needed includes the existing right-of-way and easements, topographic
features, and known utilities. Survey will include a Digital Terrain Model (DTM)
based on defined break lines and ground points.
B. Consultant will coordinate with utilities to verify field locations, type and depth of
all known underground lines.
3. Preliminary Design
g/City of Pasco Lewis Street SOW 6-08-05.doc Page 1
A. Prepare preliminary intersection layout with the channelization configurations
including turn Lanes as required based on traffic projections. Traffic information
will be provided by the City.
B. Develop roadway cross sections based on typical roadway template. Design
sections will be compared to existing right-of-way, utilities, and topographic
features to identify conflicts.
C. Conduct preliminary quantity estimates and opinion of probable costs based on the
preliminary layout.
D. Conduct internal Quality Control and Quality Assurance review.
E. Submit preliminary plans, profiles and opinion of costs to the City for review.
Incorporate City's review comments and submit updated preliminary plans to
various utility agencies for review and comment.
4. Final Design
A. Consultant shall incorporate various utility agency comments and proposed plans
onto final roadway plans. Utility companies to provide detailed information of
relocation if necessary. Conduct a final design review with utilities and City
representatives.
B. Consultant shall update quantities and the estimate of probable cost.
C. Consultant shall develop a QA/QC project checklist and conduct reviews by senior
engineering staff and principal as appropriate.
D. Prepare and submit 95% final plans and opinion of probable cost to the City.
E. Consultant shall incorporate final review comments and make minor plan revisions.
Consultant shall provide final plans in reproducible format ready for bid
advertisement. Provide plans on 24"x36" reproducible mylars.
Schedule
The following is the proposed milestones for this project based on the authorization to
proceed:
Authorization to Proceed June 28, 2005
Submit Preliminary Plans (40%) July 22, 2005
Receive Comments from City July 29, 2005
Submit Plans (95%) August 49, 2005
Receive Final Comments from City August 26, 2005
Finalize Plans September 9, 2005
Additional Services
Minor additional tasks authorized by the City will be included in the Managerial Reserve.
Additional Services outside the limits of the Managerial Reserve which includes the following
will be subject to a Supplement to this Agreement:
9/City of Pasco Lewis Street SOW 6-08-05.doc Page 2
1. Right-of-Way. Depending on the layout, additional right-of-way may be required for this
project. Consultant can provide right-of-way plans as needed. Consultant can provide
qualified subconsultant for appraisals and right-of-way negotiations as requested.
2. Utility Design. If it is determined that existing City utility improvements are necessary
such as extension of water or sewer, Consultant can provide as a supplement to this
agreement.
3. Public Involvement. Consultant can provide public involvement services as a supplement
to this agreement. Typical tasks include public meetings, individual stakeholders meetings,
and newsletters.
4. Specifications. It is anticipated that the Lewis Street Intersection will be included in a
larger City project which would typically include specifications needed for intersection
construction. Specifications for this portion or the entire project can be provided by
Consultant as a Supplement to this base agreement.
5. Construction Engineering Services. It is anticipated a separate Supplemental Agreement
will be prepared for Construction Administration.
Limitations of Authority
Work of the consultant does not, within the base scope, provide contract specifications,
advertisement, bidding, and award or construction engineering services.
Structural design such as retaining walls is not anticipated and is not included in this scope.
It is anticipated that the overall project environmental documentation would include the
Lewis Street Intersection portion. For that reason SERA, NEPA, Cultural and Historical
Resource Survey, Biological Assessments etc... is not anticipated and is not included in this
scope.
Duties and Responsibilities of the Agency
The City will provide all maps and drawings indicating existing City right of way, utilities and
record drawings of existing facilities.
The City will provide the proposed alignment of the new Truck Route.
The City will provide field surveying and survey data in electronic media (Permit Surveying).
The City shall provide a timely response to plan reviews and provide direction to Consultant
as needed.
The City shall provide roadway pavement and surfacing requirements. A qualified
subconsultant can be provided as a supplement service.
The City will pay all regulatory review, application, and permit fees.
The City wilt provide a digital copy of the latest City GIS information including water, sewer,
right-of-way, and aerial photos.
9/City of Pasco Lewis Street SOW 6-08-05.doc Page 3
DESIGN AREA
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AGENDA REPORT NO. 46
FOR: City Council Date: June 21, 2005
TO: Gary Crutchfi Manager Workshop: 6/26/05
r� Regular: 7/5/05
FROM: Richard J. Smit , Director
Community & Economic Development
SUBJECT: Downtown Underground Utilities
I. REFERENCE(S):
A. Draft Resolution
Ii. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS:
6/26/05: DISCUSSION
7/5/05 MOTION: I move to approve Resolution No.
establishing a program to provide financial
assistance for the undergrounding of electrical
utilities in the downtown area of Pasco.
III. FISCAL IMPACT
IV. HISTORY AND FACTS BRIEF:
A. In developing areas of Pasco, such as the 1-182 Corridor and
western Pasco, the City routinely requires developers to construct
necessary infrastructure and to underground all new and existing
overhead utility lines.
B. In older developed areas of the City, such as the East Lewis Street
corridor, the City has paid for a portion of the cost of
undergrounding utilities. The City will also pay a portion of the
cost of undergrounding utilities along the developed sections of
Burden Boulevard.
C. The developer who is building the new downtown Rite-Aid Drug
Store has asked for assistance from the City in paying for a portion
of the cost of undergrounding utilities in conjunction with the
construction of the new store. The total cost of the undergrounding
is estimated to be $142,000 (PUD - $65,000 and Qwest - $77,000).
D. Under the state statutes, the City may legally pay a portion of the
costs attributable to a public entity such as the PUD.
V. DISCUSSION
A. At the June 6, 2005 Workshop Council directed staff to develop a
policy to provide financial assistance for undergrounding projects
in the downtown area.
B. A draft resolution outlining the criteria for providing assistance is
attached. Points of note are as follows:
1. Funding is contingent upon the availability of funds and is
limited to a maximum of 50 percent of the cost of
undergrounding PUD lines and may not exceed $50,000.
3(9)
2. Assistance would be limited to larger high impact projects with
a minimum permit value of$500,000.
3. Award of any funds is at the discretion of the City Council.
C. If these criteria were put in place, Rite-Aid would qualify for a
maximum of $32,500 in City assistance (1/2 of the PUD cost of
$65,000).
RESOLUTION NO.
A RESOLUTION establishing criteria for consideration of financial
assistance for underground conversion of overhead electric utilities in the
Downtown Area.
WHEREAS, the existence of overhead electric and communication facilities, particularly
in the older downtown commercial area, fosters visual clutter as well as potential electrical
hazards,both of which can be eliminated by their conversion to underground facilities; and
WHEREAS, the high cost of converting overhead, electric and communication facilities
to underground is often a deterrent to the inclusion of such elements in redevelopment projects;
and
WHEREAS, RCW 35.96.010 explicitly declares underground conversion of overhead
facilities to be a substantial benefit to public safety and welfare, is in the public interest and is a
public purpose; and
WHEREAS, City participation in such conversion projects, is sometimes enough
incentive for private investors in redevelopment projects to include the conversion of adjacent
overhead lines to underground as part of the associated investment project; and
WHEREAS, such partnerships not only reduce the cost for each of the participants, they
are often the catalyst that causes the conversion to occur and, ultimately, the encouragement that
results in the aesthetic and safety benefits subsequently enjoyed by the community and its
citizens; and
WHEREAS, the City wishes to encourage public-private partnerships which will include
conversion of overhead facilities to underground within the downtown area;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DOES RESOLVE AS FOLLOWS:
Section 1. The Cit y Council hereby est ablishes a policy to encourage e the
undergrounding of electrical utilities located within the downtown area.
Section 2. Financial assistance may be provided by the City to encourage
underground conversion of existing overhead electrical facilities if approved by the City Council
after consideration of the following requirements.
i
(a) Assistance shall be limited to projects located within the boundaries of the Pasco
Downtown Development Association as they may be amended hereafter.
(b) City assistance shall be contingent upon availability of funds.
(c) Assistance shall only be available to undergrounding projects which are at least one
City block in length.
(d) Funding assistance shall not exceed 50% of the direct cost of undergrounding the
Public Utility District electrical service. No assistance shall be used to pay for
undergrounding other overhead utilities including, but not limited to, cable TV and
telephone utilities.
(e) Assistance shall be limited to projects with a new private investment value of at
least $500,000 and which make a significant contribution to downtown
revitalization and which comport with the Downtown Revitalization Action Plan.
M The amount of financial assistance per individual project shall be at the discretion of
the City Council pursuant to the foregoing criteria, provided that total City
assistance shall not exceed$50,000 per block.
PASSED by the City Council of the City of Pasco, this day of , 2005.
CITY OF PASCO:
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Ken
Deputy City Clerk City Attorney
AGENDA REPORT
FOR: City Council June 16, 2045
TO: Gary CrutchfiAminist'.Manager Workshop Mtg.: 6/27/2045
Regular Mtg.: 7/5/2045
FROM: Stan Strebel, a t' Community
Services Director
SUBJECT: Trail Use for.Disabled
I. REFERENCE(S):
A. Proposed Ordinance
B. RCW Definitions for Vehicles for Disabled
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
6/27: Discussion
7/5: MOTION: I move to adopt Ordinance No. amending Chapter 9.48
"Park Code" of the Pasco Municipal Code and to authorize
publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) It has recently come to the attention of staff that City ordinance and signs which
restrict motor vehicle use in parks, on trails and other recreation facilities do not
provide exceptions for disabled persons using power wheelchairs or similar
devices.
B) Staff has researched the issue and recommends the attached ordinance to clarify
that motorized vehicles typically used by the disabled are not restricted. Staff
recommends approval of the ordinance.
3(h)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, amending Chapter
9.48 "Park Code" of the Pasco Municipal Code.
WHEREAS, The City Council of the City of Pasco, Washington, has determined that
certain amendments regarding the Park Code are necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 9.48.020(B) of the Pasco Municipal Code is hereby amended to
read as follows:
B) "Park" means and includes all City parks, public squares, park drives, parkways,
boulevards, athletic facilities, trails and play and recreation grounds under the jurisdiction of the
City.
Section 2. That Section 9.48.180 of the Pasco Municipal Code is hereby amended to
read as follows:
9.48.180 RESTRICTIONS ON VEHICLES. It is unlawful to ride or drive any
motorcycle, motor vehicle, motorized foot scooter, horse or pony over or through any park or on
any trail except along and upon the park drives, parkways, or designated parking areas and on
such trails as may be designated for motor vehicle or equestrian use, or to stand or park any
vehicle, except in areas designated by the Director. This restriction shall not Apply to an
disabled person utilizing an electric assisted bicycle, a po wer wheelchair or a wheelchair
conveyance as defined by RCW Title 46. Violation of any of the provisions of this section
constitutes an infraction.
Section 2. This ordinance shall take effect and be in force from and after its passage and
five days following its publication as required by law.
PASSED by the City Council of the City of Pasco at its regular meeting this day of
32005.
Michael L. Garrison, Mayor
ATTEST; APPROVED AS TO FORM:
Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. is an ordinance amending Chapter 9.48 of the Pasco
Municipal Code regarding "Park Code".
Section 1. Amends restrictions on vehicles in parks and trails to provide for disabled persons
using power wheelchairs or similar devices.
Section 2. Provides for an effective date 5 days after publication.
The full text of Ordinance No. is available free of charge to any person who
requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco,
Washington, 99301.
Sandy L. Kenworthy, Deputy City Clerk
RCW 46.04.415
Power wheelchair.
"Power wheelchair" means any self-propelled vehicle capable of traveling no more than
fifteen miles per hour, usable indoors, designed as a mobility aid for individuals with
mobility impairments, and operated by such an individual.
RCW 46.04.169
Electric-assisted bicycle.
"Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully
operative pedals for human propulsion, and an electric motor. The electric-assisted
bicycle's electric motor must have a power output of no more than one thousand watts, be
incapable of propelling the device at a speed of more than twenty miles per hour on level
ground, and be incapable of further increasing the speed of the device when human
power alone is used to propel the device beyond twenty miles per hour.
RCW 46.04.710
Wheelchair conveyance.
"Wheelchair conveyance" means any vehicle specially manufactured or designed for the
transportation of a physically or medically impaired wheelchair-bound person. The
vehicle may be a separate vehicle used in lieu of a wheelchair or a separate vehicle used
for transporting the impaired person while occupying a wheelchair. The vehicle shall be
equipped with a propulsion device capable of propelling the vehicle within a speed range
established by the state patrol. The state patrol may approve and-define as a wheelchair
conveyance, a vehicle that fails to meet these specific criteria but is essentially similar in
performance and application to vehicles that do meet these specific criteria.
AGENDA REPORT
FOR: City Council June 15, 2005
TO: Gary Crutchfie anager Workshop Mtg.: 6/27/2005
Regular Mtg.: 7/5/2005
FROM: Stan Strebel, A inistra ommunity
Services Director
SUBJECT: Establishment of Boulevard Perpetual Maintenance Fund
I. REFERENCE(S):
A. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
6/27: Discussion
7/5: MOTION: I move to adopt Ordinance establishing a new Chapter
3.30 of the Pasco Municipal Code entitled "Boulevard Perpetual
Maintenance Fund" and to authorize publication by summary only.
7/5: MOTION: I move to authorize the transfer of reserved maintenance monies
from the Park Fund to the Boulevard Perpetual Maintenance Fund.
11I. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) For a number of years the City has been agreeing with developers in the approval
of subdivisions for developer installed and City maintained landscape strips along
major City boulevards and streets. A good example of this practice is along
Sandifur Blvd. where each successive subdivider has installed fencing and
landscaping to a standard approved by the City with a proviso that as the
subdivision is completed and lots are sold, the City will assume maintenance
responsibilities. Developers are assessed for each lot in an amount estimated to be
necessary to perpetually maintain such fencing and landscaping. .
B) Up to now, the maintenance monies have been deposited in the City Park Fund
and reserved for maintenance on the specified boulevards. Staff feels that the
Park Fund accounting of the monies is not the best alternative, since park funds
are to be used for capital improvements and the boulevard funds are specifically
reserved for maintenance. It is therefore proposed that the "Boulevard Perpetual
Maintenance Fund"be created (see attached ordinance).
C) Upon the creation of the maintenance fund, staff requests 4uthorization to transfer
all maintenance monies from the Park Fund to the new fund to be used according
to the Ordinance. As of 2004 closing, there was approximately $740,000 reserved
for maintenance purposes. Staff proposes that annual boulevard landscaping and
fence maintenance expenditures be included in the City budget as a transfer from
the maintenance fund to the general fund from which actual payment of salaries,
supplies and equipment necessary to maintain the boulevards will be made. It is
intended, in so far as possible, that the principal amounts in the fund will remain
intact with the interest earned on the fund covering, as near as possible, annual
maintenance expense.
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, creating Chapter
3.30 of the Pasco Municipal Code entitled `Boulevard Perpetual Maintenance
Fund",
WHEREAS, The City Council of the City of Pasco, Washington, has determined that a
new fund entitled `Boulevard Perpetual Maintenance Fund" is necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON,DO ORDAIN AS FOLLOWS:
I
Section 1. That Chapter 3.30 of the Pasco Municipal Code is hereby created to read as
follows:
3.30.010 ESTABLISHED. There is established a fund to be called the `Boulevard
Perpetual Maintenance Fund". All monies collected pursuant to subdivision agreements for the
purpose of providing perpetual maintenance of developer installed landscaping and fencing
along designated boulevards shall be deposited in this fund only. All interest that is attributable
to money in the fund shall be deposited in and credited to the fund.
3.03.020 EXPENDITURE OF FUNDS. Moneys deposited in the Boulevard Perpetual
Maintenance fund shall be expended only for the perpetual maintenance of developer installed
landscaping and fencing on such boulevards as are identified for perpetual maintenance pursuant
to subdivision agreements. The City Council shall approve annual maintenance expenditures
from the fund.
3.03.030 INTENT. It is intended, as much as possible, to limit annual expenditures
from the fund to amounts that will not exceed the annual interest attributable to the principal
amount held in the fund. The maintenance of the principal amount, intact, as long as possible,
will minimize the impact on the City's General Fund for maintenance expense.
Section 2. This ordinance shall take effect and be in force from and after its passage and
five days following its publication as required bylaw.
PASSED by the City Council of the City of Pasco at its regular meeting this day of
32005.
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy,Deputy City Clerk Leland B. Kerr, City Attorney
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO, is an ordinance creating Chapter 3.30 of the Pasco
Municipal Code regarding"Boulevard Perpetual Maintenance Fund".
Section 1. Establishes a fund to be used for perpetual maintenance of developer installed
landscaping and fencing along designated boulevards..
Section 2. Provides for an effective date 5 days after publication.
The full text of Ordinance No. is available free of charge to any person who
requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco,
Washington, 99301.
Sandy L. Kenworthy, Deputy City Clerk
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