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HomeMy WebLinkAbout2008.07.21 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. July 21,2008 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated July 7, 2008. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $2,071,454.34 ($117,276.29 in the form of Wire Transfer Nos. 5002, 5005 and 5008 and, $1,954,178.05 consisting of Claim Warrants numbered 166848 through 167087). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$165,924.83 and, of that amount, authorize $142,411.65 be turned over for collection. (c) Water Follies Insurance Requirements: 1. Agenda Report from Stan Strebel, Administrative&Community Services Director dated July 15, 2008. 2. Letter from Water Follies. 3. Insurance Requirements from Water Follies Agreement. 4. Proposed Amendment to Agreement. To approve Amendment No. 1 to the Agreement for Operation of the Water Follies Event and, further, to authorize the City Manager to sign the Amendment. (d) Right-of-Way Dedication for Sandifur Parkway/Broadmoor Boulevard Signal (MF ##INF008-042): 1. Agenda Report from David I. McDonald, City Planner dated July 8, 2008. 2. Vicinity Map. 3. Right-of-Way Dedication Deed. To accept the deed from Dale Adams for a portion of the Sandifer Parkway/Broadmoor Boulevard Right-of-Way. (e) Civil Service Commission Appointments: 1. Agenda Report from Gary Crutchfield, City Manager dated July 11, 2008. 2. PMC 2.33. 3. RCW 41.08.030, 4. Application, Teri Cox. 5. Application, Coz Edwards. 6. Application, Janis Hastings. NOTE: applications are in Council packets only. To confirm the City Manager's appointment of Coz Edwards to the Civil Service Commission, to fill the unexpired term of Position No.2 to expire 2/17/10. -AND- To confirm the City Manager's appointment of Teri Cox to the Civil Service Commission to fill the unexpired term of Position No. 3 to expire 2/17/12. -AND- To confirm the City Manager's appointment of Janis Hastings to the Civil Service Commission to fill Position No. 1, the term to expire 2/17/04. (RQ MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 July 21,2008 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (C) 5. VISITORS -OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through June 2008. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Street Vacation—A Portion of Washington Street and South 13'h Lane(MF#VAC-08-005): 1. Agenda Report from David I. McDonald, City Planner dated July 16,2008. 2. Proposed Ordinance and Vicinity Map. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of Washington Street and South 13'h Lane. MOTION: I move to adopt Ordinance No. , vacating a portion of Washington Street and South 13'x'Lane and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Animal Control/Fees: 1. Agenda Report from Debbie Clark, City Clerk dated July 3, 2008. 2. Proposed Ordinance Amending PMC Chapter 8.02 "Animal Control." 3. Proposed Ordinance Amending PMC Section 3.07.020 "Fee Summary—Animal Control." Ordinance No. , an Ordinance amending Chapter 8.02 "Animal Control" of the Pasco Municipal Code, MOTION: I move to adopt Ordinance No. amending PMC Chapter 8.02 Animal Control and, further, authorize publication by summary only. -AND- Ordinance No. , an Ordinance amending Section 3.07.020 "Animal Control'of the Pasco Municipal Code. MOTION: I move to adopt Ordinance No. amending PMC Section 3.07.020 Fee Summary—Animal Control and, further,authorize publication by summary only. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Potential Traffic Signal System at Broadmoor Blvd/Saint Thomas Drive: 1. Agenda Report from Robert J. Alberts, Public Works Director dated July 16, 2008. 2. Exhibit A. (b) Solid Waste Contract—Fuel Surcharge: 1. Agenda Report from Gary Crutchfield, City Manager dated July 16, 2008. 2. Letter from BDI to City Manager dated 6/18/08. 3. Proposed Contract Amendment. MOTION: I move to approve the Solid Waste Contract Amendment for fuel surcharge and, further, authorize the Mayor to sign the agreement. (c) Lewis Street Overpass—CH2MHill: 1. Agenda Report from Robert J. Alberts, Public Works Director dated July 9, 2008. 2. Proposed Agreement. MOTION: I move to approve the agreement with CH2MHill design services for the Lewis Street Overpass on a time and material basis not to exceed $225,000 and, further, authorize the Mayor to sign the agreement. Regular Meeting 3 July 21,2008 *(d) WSDOT Agreement for I-182/Road 68 Improvements: 1. Agenda Report from Robert J. Alberts, Public Works Director dated July 16,2008. 2. Local Agency Participating Agreement. 3. Vicinity Map. MOTION: I move to approve the agreement with Washington State Department of Transportation (W SDOT) for design and construction of right turn pocket and slip lane at I- 182/Road 68 in the amount of $212,484.30 and, further, authorize the Mayor to sign the agreement. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, July 21, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 2. 7:30 a.m., Thursday, July 24, Clarion Hotel, Richland— Tri-Cities Visitor& Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN,Alt.) 3. 4:00 p.m., Thursday, July 24, Holiday Inn Express, Pasco — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN,Alt.) 4. 5:30 p.m., Thursday, July 24, 710 W. Court Street — Benton Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep., REBECCA FRANCIK, Alt.) 5. 7:30 a.m., Friday, July 25, Richland City Council Chambers —Hanford Communities Governing Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; AL YENNEY,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 7, 2008 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; David McDonald, City Planner; Michael McShane, City Engineer; Denis Austin, Police Chief and Doyle Heath, Utility Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated June 16, 2008. (b) Bills and Communications: To approve General Claims in the amount of$2,486,807.82 ($99,032.69 in the form of Wire Transfer Nos. 4994 and 4998 and, $2,387,775.13 consisting of Claim Warrants numbered 166513 through 166847). To approve Payroll Claims in the amount of$1,707,423.10, Voucher Nos. 38014 through 38163; and EFT Deposit Nos. 30023570 through 30024069. (c) Right-of-Way for Chiawana High School(MF#INF008-064): To accept the deed from the Pasco School District for a portion of the Argent Road, Road 84 and Road 76 Right-of-Way. (d) Consultant for Library Services Options: To approve the Professional Services Agreement with Ruth Metz for Library Services Delivery Options and, further, authorize the City Manager to sign the agreement. (e) Professional Services Agreement with CH2MHi11: To approve the Professional Services Agreement with CH2MHil1 authorizing engineering services for Task 1 on a lump sum basis of$48,900 for the West Side Water Treatment Plant and, further, authorize the Mayor to sign the agreement. (f) Resolution No. 3086, a Resolution accepting work performed by Winthrop Construction, Inc., under contract for the Wastewater Treatment Plant Expansion Project No. 07-1-05. To approve Resolution No. 3086, accepting the work performed by Winthrop Construction, Inc., under contract for the Wastewater Treatment Plant Expansion Project No. 07-1-05. (g) Resolution No. 3087, a Resolution accepting work performed by Goodman and Mehlenbacher, Inc., under contract for the 2007 West Pasco Sewer Extension, Phase 1, Project No. 07-1-01. MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 7, 2008 To approve Resolution No. 3087, accepting the work performed by Goodman & Mehlenbacher, Inc., under contract for the 2007 West Pasco Sewer Extension, Phase 1, Project No. 07-1-01. (h) Resolution No. 3088, a Resolution accepting work by Nor-Pac Seating Co., Inc., under contract for the Baseball Stadium Seating Improvements Project. To approve Resolution No. 3088, accepting the work performed by Nor-Pac Seating Co., Inc., under contract for the Baseball Stadium Seating Improvements Project. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for June 2008 "Yard of the Month" to: Martin Llamas and Edith Ruiz, 416 North 3rd Avenue Anatoliy and Tatyana Gorbatuyk, 2316 Wade Court Steve and Jackie Hanson, 4307 Santa Ana Loop Lester and Carol Cronk, 7816 Deschutes Drive Mayor Olson presented a Certificate of Appreciation for June 2008 "Business of the Month Appearance Award"to: Reser's Fine Foods, Inc., 5310 Industrial Way VISITORS - OTHER THAN AGENDA ITEMS: Mr. Mac Miller spoke about moving a rock in Volunteer Park. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison attended the Tri-Cities Visitor and Convention Bureau Board meeting, the TRIDEC Board meeting and the car show at the Grand Old 4t' Celebration at TRAC. Mr. Watkins and Ms. Francik attended the Regional Centers Oversight Committee meeting. Mr. Watkins attended the Corridor Enhancement Study Committee meeting. Mr. Larsen attended the Emergency Medical Service Board meeting. Mr. Hoffmann reported on the Franklin County Mosquito Control District Board meeting. Mayor Olson, Mr. Garrison and Mr. Hoffmann attended a meeting welcoming Syngenta to the Pasco Processing Center. Mr. Yenney reported on the Corridor Enhancement Study Committee meeting, the Benton-Franklin Community Action Committee meeting and the Grand Old 0' Parade. Mayor Olson participated in the Grand Old 4`' Parade and gave welcoming comments at the fireworks show. She also attended the Army Corp of Engineers, Walla Walla District, Change of Command ceremony, welcoming Lt. Col. Michael Farrell. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Six-Year Transportation Improvement Plan 2009-2014: Mr. McShane explained the details of the proposed plan. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL .JULY 7, 2008 MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 6 YR. TRANSPORTATION IMPROVEMENT PLAN. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Resolution No. 3085, a Resolution adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. MOTION. Mr. Watkins moved to approve Resolution No. 3085, thereby adopting the City's Six-Year Transportation Improvement Plan for 2009-2014. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3867, an Ordinance prohibiting parking on various streets and amending Section 10.56.080 of the Pasco Municipal Code. MOTION: Mr. Watkins moved to adopt Ordinance No. 3867, adding parking restrictions on certain streets and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 3868, an Ordinance concerning speed limits on various streets and amending Section 10.24.040 of the Pasco Municipal Code. MOTION: Mr. Watkins moved to adopt Ordinance No. 3868, amending Section 10.24.040 "Increasing Speed Limits in Certain Zones" and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3089, a Resolution of the City Council of the City of Pasco, Washington, relating to public improvements; declaring its intention to order the improvement of"A" Street between Elm Avenue and Road 40 East and to create a Local Improvement District to assess a portion of the cost and expense of carrying out those improvements against the properties specially benefited thereby; and, notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on August 4, 2008. Mr. Heath explained the details of the proposed LID. MOTION: Mr. Watkins moved to approve Resolution No.3089, declaring Council's intention to create LID 145 and, further, to set Monday, August 4, 2008 at 7:00 p.m. for a Public Hearing on this matter in the Pasco City Council Chambers. Ms. Francik seconded. Motion carried unanimously. Resolution No. 3090, a Resolution declaring the City Counc'il's intent to sell Lots 23 and 24, Block 35, Frey's Addition. MOTION: Mr. Watkins moved to approve Resolution No.3090, declaring Council's intention to sell Lots 23 &24, Block 35, Frey's Addition. Ms. Francik seconded. Motion carried unanimously. NEW BUSINESS: Special Permit: Expansion of a Daycare—Kids R Kids (Maria Aguilar) (1901 N. 20th) (MF#SP08-002): MOTION: Mr. Watkins moved to approve the special permit for the expansion of a daycare facility at 1901 North 20th Avenue as recommended by the Planning Commission. Mr. Francik seconded. Motion carried unanimously. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 7, 2008 Special Permit: Farming in an R-S-1 Zone (7500 Block of Argent Road) (DNR) (MF #SP08-001): MOTION: Mr. Watkins moved to approve the special permit for the location of a farm in the 7500 Block of Argent Road as recommended by the Planning Commission. Mr. Francik seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Watkins thanked the Planning Commission members for their service. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:45 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 21" day of July, 2008. 4 CITY OF PASCO Council Meeting of: _ _ _ July 21, 2008 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the u e signed,do certify under penalty of perjury that the materials have been furnished, the service en ered or a labor pe ormed as described herein and that the claim is a just, due and unpaid obligati ains a city and t we are authorized to authenticate and certify to said qVffri Gary C utc d, i M ger James W. Cfi , Finance Manager We the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 5002, 5005 and 5008 in the amount of$117,276.29, have been authorized;that Check No.s 166848 through 167087 are approved for payment in the amount of$1,954,178.05,for a combined total of$2,071,454.34 on this 21st day of July,2008. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,379.08 Judicial 10,069.07 Executive 8,555.09 Police 179,068.44 Fire 13,994.21 Administration&Community Services 73,175.48 Community Development 1,295.04 Engineering 17,856.24 Non-Departmental 98,02821 Library 1,897.68 TOTAL GENERAL FUND: 405,318.54 STREET 417,221.63 C. D. BLOCK GRANT 286.13 KING COMMUNITY CENTER 2,124.87 AMBULANCE SERVICE 30,283.79 CEMETERY 7,942,50 ATHLETIC PROGRAMS 967.32 SENIOR CENTER 4,979.29 MULTI MODAL FACILITY 4,980.07 RIVERSHORE TRAIL& MARINA MAIN 741.20 LITTER CONTROL 0.00 REVOLVING ABATEMENT 504.00 PARKS FUND 0.00 TRAC DEVELOPMENT D.00 STADIUM/CONVENTION CENTER 3,938.88 TRI CITY ANIMAL CONTROL 1,054.03 METRO DRUG TASK FORCE 1,299.78 METRO DRUG FORFEITURE FUND 57141 GENERAL CONSTRUCTION 204,187.33 WATER/SEWER 294,322.53 EQUIPMENT RENTAL-OPERATING 59,648.36 EQUIPMENT RENTAL-REPLACEMENT 7,038.42 MEDICALIDENTAL INSURANCE 149,215.33 CENTRAL STORES 824.07 BOULEVARD PERPETUAL MAINT 21.45 PAYROLL CLEARING 46,014.85 LID CONSTRUCTION 427,966.56 GRAND TOTAL ALL FUNDS: $ 2,071,454.34 3(b).1 AGENDA REPORT FOR: City Council DATE: 7/16/08 TO: Gary Crutchfie Manager REGULAR: 7/21/08 Stan S el, mini rative&Community Services Director FROM: Jim has 1 ce Manager SUBJECT: BAD D T WRITE-OFF'S/COLLECTION. I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. Ir. ACTION REQUESTED OF CQUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $165,924.83 and, of that amount, authorize$142,411.65 be turned over for collection. III. HISTORY AND FACTS BRIEF: I. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. MISCELLANEOUS- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 14.10 405.34 419.44 Ambulance $ 22,699.08 13,074.31 35,773.39 Court A/R $ .00 126,524.00 126,524.00 Liens $ 800.00 1,936.00 2,736.00 Cemetery $ .00 .00 .00 General $ .00 28.00 28.00 Miscellaneous $ .00 444.00 444.00 TOTAL: $ 23,513.18 142,411.65 165,924.83 IV. ADMINISTRATIVE ROUTIN G: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT FOR: City Council July 15, 2008 TO: Gary Crutc e 1 anager FROM: Stan Strebel,Adm' ative and Community Services Direc Regular Mtg.: 7/21/08 SUBJECT: Water Follies Insurance Requirements I. REFERENCE(S): 1. Letter from Water Follies 2. Insurance Requirements from Water Follies Agreement 3. Proposed Amendment to Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 7/21: Motion: I move to approve Amendment No. 1 to the Agreement for Operation of the Water Follies Event and to authorize the City Manager to sign the Amendment. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Tri-City Water Follies has requested a reduction in the insurance requirements for liquor liability for the hydro plane races and activities at Wade Park in Pasco. The current agreement (for 2007 - 2009 events) provides for limits of$5 million for spirituous liquor service and$2 million for"beer garden" service (see attached). The prior agreement (2004 —2006) provided for limits of$5 million, however,the agreement was administered by Franklin County. B) Water Follies has requested limits of $2 million for liquor liability regardless of service type. Staff has confirmed that the City of Seattle requires insurance limits of not less than $1 million for liquor service and $2 million for liquor sales for the Seafair event. C) Staff has consulted with WCIA to determine if the pool has recommendations. WCIA generally recommends the highest limits possible (noting that inflation has taken its toll in the insurance industry as well as anywhere else) but acknowledges that the $2 million limit may be the best that can reasonably be expected in the market. D) The attached Amendment to the Agreement is recommended to formalize the requested change. 3(c) TFRd — cr -rY i[1r7CL��' fig/l��►� July 1, 2008 City of Pasco Stan Strebel 525 N. 3" Ave. Pasco, WA 99301 Dear Mr. Strebel, In 2007, the Tri-City Water Follies and the City of Pasco agreed to a new 3-year contract for the use of Wade Park for the Lamb Weston Columbia Cup. The purpose of this letter is specific to Section XII; liquor liability requirements for Margaritaville. The opportunity to operate Margaritaville is a considerable sponsorship to the Tri-City Water Follies. We rely on sponsorships to continue to host the Columbia Cup, contribute to community organizations such as the Pasco Police Department's Reserve and improve area parks such as planting grass and installing irrigation in Wade Park. The Agreement for Operation of the Water Follies Event requires the contractors of Margaritaville (spirituous liquor service)to carry liquor liability and general liability insurance to a limit not less than $5,000,000.00. The sponsor, Ana Cuevas is the owner/operator of Club Paradise, a local restaurant and lounge. Ana is highly skilled in the management of liquor service and security and brings that expertise to the operation of Margaritaville. The$5,000,000.00 insurance requirement greatly exceeds the amount she carries on her restaurant and lounge. The expense to purchase $5,000,000.00 liquor liability insurance is significant and the amount of liquor liability insurance is well above what is considered reasonable and customary in the industry. Further, the Seattle hydroplane race Seafair, an event similar to the Tri-City Water Follies, has a liquor area that sells beer, wine and spirituous liquor(Jack Daniels). The City requires Seafair to carry liquor liability insurance to a limit not less than $1,000,000.00. The Tri-City Water Follies understands the seriousness of serving liquor. We believe that contracting with a company that is in the business of selling liquor strengthens the level of operation in Margaritaville. We also believe that the amount greatly exceeds customary and reasonable given the information from Seafair. For this reason, we respectfully request the City of Pasco consider reducing the limit to not less than $2,000,000 for the spirituous liquor service. Consideration would be based on the level of expertise of the operators of Margaritaville and historical knowledge based on 2007. Thank you for your consideration of this request. We would like to schedule a meeting with you on July 14 to discuss the insurance requirements. We look forward to working with you soon. rely, Ro Hue, President Tri-City Water Follies 201 N. Edison, Ste 232, Kennewick,WA 99336 ph: 509.783.4675 Toll Free: 877.73.hydro www.waterfo€lies.corn ' s XII The Association agrees to maintain and pay for general liability insurance coverage through American Boat Racing Association (ABRA) at all times hereof insuring the Association, the County and the City, such insurance to afford protection of a limit of not less than $5,000,000.00. The Association agrees to require liquor liability insurance and general liability insurance for the company with which it contracts for the fenced area commonly known as "the beer garden", such insurance to afford protection to a limit of not less than $2,000,000.00. The Association, the City, and the County shall be named as additional insureds on the policies. The Association agrees to require liquor liability insurance and general liability insurance for the company with which it contracts for the fenced area commonly known as "Margaritaville" (spirituous liquor service), such insurance to afford protection to a limit of not I ess than $5,000,000.00. The Association, the City, and the County shall be named as additional insureds on the policies. The Association agrees to require general liability insurance from each company with which it contracts as a vendor, such insurance to afford protection to a limit of not less than $2,000,000.00. The Association, the City, and the County shall be named as additional insureds on the policies. Copies of the above insurance will be delivered to the City by the Association at least 14 days before the day race time trails are to be held. XIII The County, the City and the Corps of Engineers shall not be liable or responsible for damages to property or injuries to persons which may arise from or be incident to the Tri-City Water Follies Association's use and occupation of said premises, including the areas shown on Exhibit "A" and the County and City roads and rights-of-way south of Court Street and east of Road 60 inclusive to Road 34 inclusive, the person of the Association's officers, agents, servants, employees, or others, including spectators or participants who may be on said premises at their invitation or the invitation of any one of them. The Association shall hold the County and the City harmless from any and all such claims which may arise from any damage or injury above- mentioned, and shall at its expense defend any and all actions which may be brought against the City and County upon such claims and shall pay any and all judgments that may be recovered against the City and County upon such actions. Venue shall be in Franklin County. The Association shall provide the City Engineer and the County Engineer, or such other persons as designated by the City Engineer, passes for the purpose of inspections for compliance with the agreement. Agreement for Operation of Water Follies Event page 4 Amendment No. l to Agreement for Operation of Water Follies Event 2007-2009 This Amendment to that certain Agreement which is dated the II"' day of July 2007, among Franklin County, the City of Pasco and the Tri-City Water Follies Association, is made this day of July 2008. Whereas, the parties have determined that an amendment to the Agreement is warranted, now, therefore, and in consideration of the mutual covenants contained therein, it is agreed to amend said Agreement, Section XII, to read as follows: The Association agrees to maintain and pay for general liability insurance coverage through American Boat Racing Association (ABRA) at all times hereof insuring the Association, the County and the City, such insurance to afford protection of a limit of not less than $5,000,000.00. The Association agrees to require liquor liability insurance and general liability insurance for the company with which it contracts for the fenced area commonly known as "the beer garden' and for the company with which it contracts for the fenced area commonly known as "Margaritaville"spirituous liquor service), such insurance to afford protection to a limit of not less than $2,000,000.00. The Association, the City, and the County shall be named as additional insureds on the policies. than $5,000,000.00. The Asseeiatieft, the Gity, and the County shall be named ans -ad—ki-itieffiflaal ifisidfws On the peheies-. The Association agrees to require general liability insurance from each company with which it contracts as a vendor, such insurance to afford protection to a limit of not less than $2,000,000.00. The Association, the City, and the County shall be named as additional insureds on the policies. Copies of the above insurance will be delivered to the City by the Association at least 14 days before the day race time trials are to be held. All remaining provisions of the Agreement shall remain in full force and effect. This Amendment approved by the parties to the Agreement, the day and year first written above: TRI-CITY WATER FOLLIES ASSOCIATION, INC. BY: DATE: PRESIDENT CITY OF PASCO BY: DATE: GARY CRUTCHFIELD, CITY MANAGER APPROVED AS TO FORM: BY: DATE: LELAND B. KERR, CITY ATTORNEY BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY, WASHINGTON BY: DATE: ROBERT E. KOCH, CHAIR BY: DATE: RICK MILLER, CHAIR PRO-TEM BY: DATE: NEVA J. CORKRUM, MEMBER APPROVED AS TO FORM: BY: DATE: RYAN E. VERHULP, CHIEF CIVIL DEPUTY PROSECUTOR ATTEST: BY: DATE: CLERK OF THE BOARD AGENDA REPORT NO. 29 FOR: City Council July 8, 2008 TO: Gary Crutchfi Manager Workshop Mtg.: 7/14/08 Regular Mtg.:7/21/08 FROM: David I. McDonald, City Planner Community &Economic Development SUBJECT: Right-of-Way Dedication for Sandifur Parkway/Broadmoor Boulevard Signal (MF #INF08-042) L REFERENCE(S): A. Vicinity Map B. Right-of-Way Dedication Deed II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/14 DISCUSSION: 7121 MOTION: I move to accept the deed from Dale Adams for a portion of the Sandifur Parkway/Broadmoor Boulevard right-of-way. III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. The Engineering Department is in the process of designing a new traffic signal and street improvements for the intersection of Sandifur Parkway and Broadmoor Boulevard. To properly construct the improvements, additional right-of-way is needed on the west side of Broadmoor Boulevard. B. The new traffic signal is needed to accommodate the additional traffic that will use Broadmoor Boulevard when Broadmoor Boulevard is extended north to Dent Road sometime next year(by the County). C. The property owner affected by the proposed signalization project has signed a dedication deed to provide the necessary right-of-way for the signalization proj ect. V. DISCUSSION: 3(d) 1 �t y } `!-- PP �s,��� /Y54•'- t':•''�""i, M TTY � 1, .mil yap p A a s '&°+�� «.��� ',�"• t''�c:C.q•�,Y�KFx�,��;�',.'�y�i3,f�?'`�,Lrt zri� ! t3e� w�' "s9;�.,... 1 k'.t- � y � ..k°� _.�,'<.�Uey�Z'a�v e�-e.$� '�•; f '�"�.Y �:���. .;�L !i-. Wilt • .±w I 3`. t Y .�. ,5`: a'' ' •••";y �,YS s `-yx.�.'s.,x�;a>. 'MyF Y. Z: _Y��i. R3. .r•yi Jt lnµr.�{ '•i. i•'i'��'i,ry,t'"113'•5-'! �b ,vy-:<.".{�y!'ykri:�l:"'-'::re`�'r`" T>, ,. .g ,s �, _ ♦ ,;�"'.',�v'l;- �"t«rr' rw:Y...zw�•+y, 11 1 NE y� x,. After Recording,Return To: City of Pasco, Washington Attn: City Planner 525 North 3rd Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 115-210-021 THE GRANTOR(S), Dale C. Adams, by donation pursuant to RCW 35A.79.010,dedicates,conveys and quitclaims to the GRANTEE,THE CITY OF PASCO,a Municipal Corporation of the State of Washington,for the public use,as a public right-of-way, all interest in the land described as follows: A portion of Section 7,Township 9 North,Range 29 East, W.M.City of Pasco, Franklin County, Washington being more particularly described as follows. Commencing at the Northeast corner of said Section 7, thence South 00°57'22"West,along the East line thereof a distance of 2201.46 feet. Thence North 89°02'38" West, a distance of 40.00 feet to a point on the Westerly Right-of-Way of Broadmoor Boulevard and the True Point of Beginning. Thence South 00°57'22" West being 40.00 feet West of and parallel to said East Section line a distance of 154.51 feet, thence North 89°02'38" West a distance of 35.00 feet, thence North 00°5722"East being 75.00 feet West of and parallel to said East line a distance of 110.64 feet to a point of curve, thence along a non-radial curve to the left having a central angel of 77'09'37', a radius of 45.00 feet, an arc distance of 60.60 feet and a chord bearing of North 39'32'11" East to the True Point of Beginning. Dedication Deed- 1 DATED this 'Ili`f day of 2008. GRANTOR(S) Owner i J STATE OF California } SS. County of� � On this Wday of c�� 2008, before metthe undersigned,duly commissioned and sworn,personally appeared c, C q,c.G, o me known to be the individual(,s}described above and who executed the within and foregoing instrument as an agent of the owner(4 of record,and acknowledged to me that he/sheAkay signed the same as his/lis/t}rcIrfree and voluntary act and deed,for the uses and purposes therein mentioned,and on oath stated that he/skD/ y is/authorized to execute the said instrument. GIVEN under by hand and official seal this �(.-day of -A'v-_ , 2008. 1---------- JOHN RAY Comm.# 1736993 Pri ame: NOTARY PUBLIC•CALIFORNIA TARP PUBLIC in and for the State of California CONTRA COSTA COUNTY ASY Comm.E><P.APR.6,200 Residing at: OC,,,At,:k CA My Commission Expires: r l 1 Dedication Deed-2 AGENDA REPORT TO: City Council July 11, 2008 FROM: Gary Crutchfi y Manager Workshop Mtg.: 7/14/08 Regular Mtg.: 7/21/08 SUBJECT: Civil Service Commission Appointments I. REFERENCE(S): 1. PMC 2.33 2. RCW 41.08.030 3. Application, Teri Cox 4. Application, Coz Edwards 5. Application, Janis Hastings NOTE: applications are in Council packets only. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/14: Discussion 7/21: MOTION: I move to confirm the City Manager's appointment of Coz Edwards to the Civil Service Commission, to fill the unexpired term of Position No. 2 to expire 2/17/10. MOTION: I move to confirm the City Manager's appointment of Teri Cox to the Civil Service Commission to fill the unexpired term of Position #3 to expire 2/17/12. MOTION: 1 move to confirm the City Manager's appointment of Janis Hastings to the Civil Service Commission to fill Position No. 1, the term to expire 2/17/14. III. FISCAL IMPACT: (none) IV. HISTORY AND FACTS BRIEF: A) State Law (RCW 41.08 and 41.12) requires the city to maintain a Civil Service Commission for its Police and Fire Departments. PMC 2.33 provides for the Pasco Civil Service Commission and appointment of its members to six-year terms. B) The Civil Service Commission is to be composed of three citizens to assure fairness and impartiality in the hiring and promotion of uniformed police and fire employees. The Commission also decides appeals of discipline administered to uniformed Police and Fire employees, when such employees elect to use the Civil Service Commission hearing process rather than the grievance arbitration process afforded in their respective bargaining contracts. In addition, the city has designated the Civil Service board members to fill the role of a personnel board to consider certain appeals of issues relating to non-uniformed employees who are not otherwise covered by a collective bargaining agreement. 3(e) V. DISCUSSION: A) Dorothy Schoeppach resigned from the Commission late last year and her Position (No. 1) requires a new appointee. Position No. 2 has been filled by Coz Edwards since 1989; his term last expired in 2004. Teri Cox has served in Position No. 3 since 2001; her term expired in 2006. Both Edwards and Cox have served well in the position and should be reappointed to terms expiring in 2010 and 2012, respectively; the result will maintain the six-year staggered terms as originally established. B) The key attributes of a Civil Service Commission/Personnel Board member are experience in managing people in the workplace and the ability to make a fair and impartial decision based on the facts surrounding an issue. Mr. Edwards has demonstrated that ability for nearly 20 years as a member of the Civil Service Commission and Ms. Cox has done so for the past seven years. Ms. Hastings, as co-owner of a small business in Pasco, has more than 15 years experience in that role and is expected to be an equally effective member of the Civil Service Commission. It should be noted, also, that the three individuals collectively reflect much of the ethnic diversity of the community. C) Although appointments to the Civil Service Commission are made by the City Manager, PMC 2.33 provides for "...consent of the City Council." The individuals named in the proposed motions have been selected for appointment after thorough consideration and the consent of the City Council is hereby requested (in the form of the proposed motions). CHAPTER 2.33 CIVIL SERVICE COMMISSION & PERSONNEL BOARD Sections: 2.33.010 CREATED - PURPOSE. .................................................................. 27 2.33.020 MEMBERSHIP. ............................................................................. 27 2.33.030 CIVIL SERVICE RULES. ................................................................. 27 2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD............................... 27 2.33.050 FIRE CHIEF EXCEPTED................................................................. 27 2.33.060 POLICE CHIEF EXCEPTED............................................................. 27 2.33.010 CREATED - PURPOSE. There is created pursuant to RCW 41.08 and RCW 41.12 a Civil Service Commission for the Fire Department and Police Department, and a Personnel Board for all employees of the City. (Ord. 3266 Sec. 5, 1997.) 2.33.020 MEMBERSHIP. Residents of the City of Pasco being citizens of the United States will be eligible for appointment. The City Manager will make all appointments to the commission with consent of the City Council, following rules established in RCW 41.08 and RCW 41.12. Members of the Civil Service Commission will also serve as members of the Personnel Board. (Ord. 3266 Sec. 5, 1997.) 2.33.030 CIVIL SERVICE RULES. The Commission shall adopt rules as provided for in RCW 41.08 and RCW 41.12 respectively. Commission Rules may be amended and updated from time to time. (Ord. 3266 Sec. 5, 1997.) 2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD. It shall be the duty of the Personnel Board to: A) Hear grievances in accordance with rules of procedures and practices to be adopted by the Board, but informality of proceedings or in the manner of taking testimony shall not affect any action of the Board. B) Advise the appointing authority on matters brought before the Board by the appointing authority. C) Keep such records as may be necessary for the proper execution of the powers and duties of the Board. (Ord. 3266 Sec. 5, 1997.) 2.33.050 FIRE CHIEF EXCEPTED. Any person appointed as Fire Chief after January 25, 1994 shall be excepted from inclusion within the perview of the Civil Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.) 2.33.060 POLICE CHIEF EXCEPTED. Any person appointed as Police Chief after January 25, 1994 shall be excepted from inclusion within the perview of the Civil Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.) PMC Title 2 5/5/2008 27 RCW 41.08.030: Civil service commission created—Appointment—Terms—Remova... Page 1 of 1 RCW 41.08.030 Civil service commission created—Appointment—Terms—Removal—Quorum. There is hereby created in every city,town or municipality except those referred to in RCW 41.08.010, having a full paid fire department a civil service commission which shall be composed of three persons. The members of such commission shall be appointed by the person or group of persons who, acting singly or in conjunction,as a mayor,city manager,council,common council,commission,or otherwise, is or are vested by law with power and authority to select, appoint, or employ the chief of a fire department in any such city, prior to the enactment of this chapter.The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment,and an elector of the county wherein he or she resides. The term of office of such commissioners shall be for six years, except that the first three members of such commission shall be appointed for different terms, as follows: One to serve for a period of two years,one to serve for a period of four years,and one to serve for a period of six years.Any member of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause: PROVIDED, HOWEVER,That no member of the commission shall be removed until charges have been preferred,in writing,due notice and a full hearing had.The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter.Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter.Confirmation of said appointment or appointments of commissioners by any legislative body shall not be required.At the time of any appointment not more than two commissioners shall be adherents of the same political party. [2007 c 218§3; 1835 c 31 §3;RRS§9558-3.1 Notes: Intent–Finding–2007 c 218: See note following RCW 1.08.130. http://apps.leg.wa.gov/RCW/default.aspx?cite=41.08.030 7/11/2008 GENERAL FUND OPERATING STATEMENT THROUGH JUNE 2008 CASH BASIS YTD % OF YTD TOTAL %OF 2008 2008 ANNUAL 2007 2007 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,914,845 5,503,000 53.0% 2,703,356 5,077,608 53.2% SALES 4,388,763 8,050,000 54.5% 4,145,873 8,652,647 47.9% UTILITY 3,704,273 7,070,000 52.4% 3,628,937 6,788,746 53.5% OTHER 478,167 940,000 50.9% 439,402 908,784 48.4% LICENSES& PERMITS 949,061 970,900 97.8% 1,198,450 1,708,999 70.1% INTERGOV'T REVENUE 961,558 1,186,500 81.0% 580,142 1,348,642 43.0% CHARGES FOR SERVICES 1,208,758 2,598,500 46.5% 1,363,345 2,534,636 53.8% FINES & FORFEITS 415,959 874,900 47.5% 466,344 951,007 49.0% MISC. REVENUE 429,305 853,300 50.3% 467,670 1,031,475 45.3% OTHER FINANCING SOURCES 16,536 133,000 12.4% 174,721 192,405 90.8% TOTAL REVENUES 15,467,225 28,180,100 54.9% 15,168,240 29,194,949 52.0% BEGINNING CASH BALANCE 6,455,578 6,000,000 5,574,230 5,574,230 TOTAL SOURCES 21,922,803 34,180,100 64.1% 20,742,470 34,769,179 59.7% EXPENDITURES: CITY COUNCIL 54,220 115,325 47.0% 47,877 95,638 50.1% MUNICIPAL COURT 506,834 1,113,625 45.5% 471,909 1,019,344 46.3% CITY MANAGER 369,233 670,400 55.1% 327,828 674,083 48.6% POLICE 5,057,098 10,223,061 49.5% 4,810,352 9,976,604 48.2% FIRE 1,859,596 3,855,500 48.2% 1,803,475 3,748,069 48.1% ADMIN &COMMUNITY SVCS 2,384,623 5,092,640 46.8% 2,112,148 4,727,687 447% COMMUNITY DEVELOPMENT 561,340 1,080,695 51.9% 738,602 1,335,287 55.3% ENGINEERING 596,368 1,176,600 50.7% 491,548 993,182 49.5% MISC. NON-DEPARTMENT 2,425,200 5,398,010 44.9% 2,215,886 4,640,790 47.7% LIBRARY 562,055 1,161,010 48.4% 541,382 1,102,917 49.1% TOTAL EXPENDITURES 14,376,567 29,886,866 48.1% 13,561,007 28,313,601 47.9% ENDING CASH BALANCE 4,293,234 6,455,578 TOTAL EXPEND AND END FUND BAL 34,180,100 34,769,179 AVAILABLE CASH BALANCE 7,546,236 7,181,463 PERCENTAGE OF BUDGET ALLOCATED FOR 6 MONTHS 50.0% • Authorized but non-budget expenditures of $165,550 (cumulative)which will effectively reduce the ending fund balance_ These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only. 5(b) AGENDA REPORT NO. 33 FOR: City Council DATE: 7/16/08 TO: Gary Crutchfi anager WORKSHOP: Rick White, Dr or �--� REGULAR : 7/21/08 Community an Economic Development FROM: David I. McDonald, City Planner---v -. SUBJECT: STREET VACATION- A portion of Washington Street and South 13"' Lane (MF #VAC-08-005) I. REFERENCE(S): A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION for Vacation: I move to adopt Ordinance No. , vacating a portion of Washington Street and South 13th Lane and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owner of Lots 1 and 2, Block 30 Riverside Addition is seeking to vacate a portion of Washington Street and South 13th Lane abutting his property. The vacation is being requested to facilitate the construction of a new single family home. B. July 21, 2008 was the date set to consider the vacation. V. DISCUSSION: The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. The Franklin County PUD has requested the retention of an easement along Washington Street. 7(a) WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF WASHINGTON STREET AND SOUTH 13'LANE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the west 25 feet of South 13`h Lane abutting Block 30, Riverside Addition and the south 10 feet of Washington Avenue from the west line of Block 30, Riverside Addition to the intersection with the northerly projection of a line 25 feet east of and parallel to the east line of Block 30, Riverside Addition as depicted in Exhibit"1"be and the same is hereby vacated subject to the easement retained in Section 2 hereof. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to vacated Washington Street described in Section 1 above for the construction, repair and maintenance of utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County,Washington. Section 4. This ordinance shall take full force and effect five (5)days after approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 21" day of July, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney wsow ct c� U U` cqd � 00 O � U ct 44 Lm � � w AGENDA REPORT FOR: City Council July 3, 2008 TO: Gary Crutchfie anager W/Shop Mtg.: 07/14/08 Stan Strebel, A s tive& Services Dir Regular Mtg.: 07/21/08 FROM: Debbie Clark, City Clerk SUBJECT: "ANIMAL CONTROL/FEES" I. REFERENCE(S): 1. Proposed Ordinance, Amending PMC Chapter 8.02"Animal Control" 2. Proposed Ordinance, Amending PMC Section 3.07.020 "Fee Summary-Animal Control" II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 07114: Discussion 07/21: Motion: I move to adopt Ordinance No. amending PMC Chapter 8.02 Animal Control; and authorize the publication by summary only. Motion: I move to adopt Ordinance No. amending PMC Section 3.07.020 Fee Summary-Animal Control; and authorize the publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Animal Control Authority is recommending amendments to the Animal Control Chapter of the Pasco Municipal Code in order to bring about greater uniformity between the regulations of the three cities; incorporate new state law on wild animals; and to clarify certain provisions. B) The attached proposed ordinance contains the following significant changes in addition to numerous minor wording changes suggested to assist in administering animal control operations. Definition: 8.02.010(1) "Abandon" and 8.02.010(22) "Welfare" are added to assist Animal Control when investigating common issues. Definition: 8.02.010(18) "Wild Animal" has been deleted due to the proposed incorporation of the RCW Sections pertaining to potentially dangerous wild animals. Definitions for Animal Control Authority and Poundmaster are also clarified. Section 8.02.060 "Impounding of Animal" is revised to specify required vaccinations to reduce the potential outbreak of various virus conditions such as Parvo and Kennel Cough, which are highly contagious and occur frequently in stray animals that have not received such vaccinations. This is intended to minimize problems at the shelter and to facilitate adoption of stray animals. New section 8.02.175 "Removal of Animal" is proposed language to define cases when an animal may be removed from property with a warrant and without a warrant (life threatening conditions). Sections 8.02.320 (3) and (4)receive numerous changes for clarity relating to the appeal process regarding dangerous/potentially dangerous dog declarations: The appeal is to be received by the City Clerk and heard by the Hearing Examiner; An appeal filing fee is now included. Section 8.02.320(4) also references the establishment of a "Declaration of Removal' form for use when an owner removes a dangerous or potentially dangerous dog from the city limits so as not to fall under the requirements of the same. 8{a} Section 8.02.330 provides for the reference of various new RCW sections pertaining to potentially dangerous wild animals. C) As has been City practice, fees for appeals and vaccination are set forth in Chapter 3.07 of PMC. The attached ordinance amends Section 3.07.020 reflecting the new changes. While the RCW's set penalties for violations of the potentially dangerous wild animal section in a range, staff recommends adoption of progressively higher penalties with repeat violations, consistent with our current practice for animal violations. Staff recommends the adoption of both ordinances. ORDINANCE NO. AN ORDINANCE amending Chapter 8.02 "Animal Control" of the Pasco Municipal Code. WHEREAS, the City Council of the City of Pasco has determined that certain amendments to the Pasco Municipal Code regarding Animal Control are warranted; NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as follows: Section 1. That certain Sections of Chapter 8.02 ANIMAL CONTROL of the Pasco Municipal Code is amended to read as follows: Section 2. That Section 8.02.010 entitled "Definition of Terms" shall be and hereby is amended and shall read as follows: 8.02.010 DEFINITION OF TERMS W "Abandon" means the knowing or reckless desertion of an animal by its owner or the causing of the animal to be deserted by its owner, in anyplace, without_makin _provisions for the animal's adequate care. An animal left without adequate care for three or more days shall be prima facie evidence that the animal has been abandoned. (4-2) "Animal" ineluded includes but is not limited to dogs and cats. (23) "Animal Control Authority" o;•"Vetmdfnast °" er- "Chief Animal ryentf 1 nom: enfer-eemen! of the animal eentFel laws, shelter- and welfue of animals within the G4Y--ef paseq. means the joint power authority formed by interlocal agreement, of the cities of Richland, Pasco and Kennewick, to implement and provide animal control and sheltering services within the respective cities. (44) "Animal Control Officer" means any individtial, empleyed, een4fac4ed with, appeif4ed by the Animal CemFal AtAher-ity fer- the puTese of aiding in the eafer-raefaefit of this refers_to__that person employed by or under contract to the City to enforce the provisions of this title. (45) "At Heel." A dog shall be deemed to be "at heel" during such times as the dog is positioned and controlled in such a manner so as to remain within a distance of two feet from its owner or other competent person having charge of such dog. (546) "At Large" means off the premises of the owner or upon the public streets, alleys, public grounds, school grounds or parks within the city. A dog shall not be deemed at large if: (a) It is attached to a leash or chain of sufficient strength to restrain the dog and not more than eight feet in length, when said leash or chain is held by a person competent to restrain and control the dog off the owner's premises; (b) It is properly restrained within a motor vehicle or housed in a veterinary hospital; (c) It is accompanied by and "at heel" beside the owner or a competent responsible person; (d) The dog or dogs are left unattended on the owner's premises, and it or they shall be so confined, tied or restrained as to be unable to range beyond the owner's premises. (67) "Cat" means and includes female, neutered female, male and neutered male cats. (78) "Commercial Kennel" means any lot, premises, building or structure where four or more dogs or four or more cats over six months of age are kept. (89) "Competent Person" means any person who, by reason of age and physical ability, and training, is capable of maintaining control of an animal to the extent required by this chapter. (91 0J "Dangerous Animal" means any animal that (a) has inflicted severe injury on a human being without provocation, (b) has killed a domestic or livestock animal without provocation, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals. (W 1) "Dog" means and includes female, neutered female, male and neutered male dogs. (12) "Domestic Animal" means a tame animal in the house or home, or on the property, living with or used by people for companionship, work, and/or a food source. (1-1.13) "Health Officer" includes any person designated as such by the Benton-Franklin district health office, or any other person designated as such by the city council. (14) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats and fowl kept or raised on a farm, ranch, or other spread of land which are raised for home use, profit, or hobby. (1215) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal for three consecutive days or more. An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or more and knowingly permitted to remain on the premises occupied by that person. If the owner of the animal is a juvenile, a parent or other custodian of such juvenile shall for the purposes of this chapter, be treated as the owner of the animal. (1316) "Person" includes any person, firm, organization, partnership, corporation, trust or association of persons. (4417) "Potentially Dangerous Animal" means any animal that when unprovoked: (a) inflicts injury on a human or a domestic animal, or livestock, or (b) chases or approaches a person upon the streets, sidewalks, any public grounds, or upon private property other than that of the animal's owner, in a menacing fashion or apparent attitude of attack, or (c) has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals or (d) is a Pit Bull Terrier which means any American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier so as to be identifiable as partially of the breed American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier. (Ord. 3756 Sec. 1, 2006; Ord 3714 Sec. 1, 2005). (18) "Poundmaster" means the Chief Officer appointed by the Animal Control Authority for the enforcement of animal control laws and regulations. The Poundmaster may include or employ Animal Control Officer(s) and/ or a Chief Animal Control Officer. (4419)"Proper Enclosure" means, while on the owner's property, a dangerous, or potentially dangerous et: vM animal shall be securely confined indoors or in a an outside securely enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides not less than five feet high and a secure top, and shall provide protection from the elements for the animal. The requirement for a secure top on the enclosure may be waived by the poundmaster upon showing that it is unnecessary. This section shall not apply to guard dogs or watch dogs utilized to secure premises enclosed by a fence or wall not less than five feet high and resistant to tunneling, located within an industrial or commercial zone. (1620) "Severe Injury" means any physical injury that results in death, broken bones or disfiguring lacerations requiring one or more multiple sutures or cosmetic surgery. (4-7LI) "Veterinary Hospital" means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals. Animal" means any (a) ften human prima4e; (b) wild eat ineltidi hybrid,lion, tiger-, raeugar, mei:mtain lion, lyny, or- bebreat; (e) beaf; (d) wolf-, eeyete, fox ef- its exeepfer- the domesti6 degs; (Pr)--�v$aemeus reptile- or- afflphivians; () r-efieulated p y4hen, , i (h) an), other- animal whieh is eapable of killing or- sefiously lnjuffag human being (22) "Welfare check"means tending to the well being of an animal. Whenever a type or breed of animal is described in this chapter, it includes any hybrid, cross breed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal's appearance, behavior or pedigree. Whenever a power is granted to, or a duty is imposed upon the poundmaster or Chief Animal Control Officer or other public officer, the power may be exercised or the duty performed by an agent of the officer or by any person duly authorized unless this chapter expressly provides otherwise. All other words and phrases used in this chapter will have their commonly accepted meanings. (Ord. 3723 Sec. 1, 2005; Ord. 3326 Sec. 1, 1998.) Section 3. That Section 8.02.030 entitled "Animals Injuring Property Unlawful" shall be and hereby is amended and shall read as follows: 8.02.030 ANIMALS INJURING PROPERTY UNLAWFUL. It is unlawful for any owner to suffer or permit any dog, cat or other animal to trespass on private or public property so as to damage or destroy any property or thing of value, kill, maim or disfigure another's animal or livestock, or to deposit fecal matter on any property not that of his owner, and the same is declared to be a nuisance and any such dog, cat or other animal may be seized and impounded. (Ord. 3326 Sec. 1, 1998.) Section 4. That Section 8.02.060 entitled "Impounding of Animals" shall be and hereby is amended and shall read as follows: 8.02.060 IMPOUNDING OF ANIMALS. Any animal off the premises of the owner and not under the control of some person, or which is otherwise in violation of this chapter and subject to impound, shall be impounded. . All animals impounded will be subject to receiving DHLP Parvo and Bordetella vaccinations. Reimbursement of vaccination cost will be at the expense of the owner. (Ord. 3326 Sec. 1, 1998.) Section 5. That Section 8.02.080 entitled "Redemption of Impounded Animal" shall be and hereby is amended and shall read as follows: 8.02.080 REDEMPTION OF IMPOUNDED ANIMAL. (1) Unless this chapter requires impounding for a longer period of time, any impounded animal may be redeemed by the owner, or authorized representative of the owner, by payment to the poundmaster of an impounding fee and a boarding fee for each calendar day, or part thereof, the animal has been confined, including the day on which the animal is first impounded. Each fee shall be as set forth in Chapter 3.07 of this code provided that the impounding fee shall be increased for the second impoundment and for the third and subsequent impoundments during a twelve month period. If the animal has no valid license tag the owner shall also obtain a license tag for the current year or duplicate tag in accordance with the provisions of this chapter. (2) Upon receiving payment of all fees due, the poundmaster shall execute a receipt in duplicate therefor, and one shall be delivered to the owner, upon which the owner shall acknowledge delivery of the animal and one shall be retained by the poundmaster. (3) If the animal has been declared will; potentially dangerous or dangerous, the owner must also obtain a permit in accordance with 8.02.320 before such animal can be redeemed by the owner. (Ord. 3609 Sec. 1, 2003; Ord. 3385 Sec. 3, 1999; Ord. 3326 Sec. 1, 1998.) Section 6. That Section 8.02.170 entitled "Crimes Against Animals" shall be and hereby is amended and shall read as follows: 8.02.170 CRIMES AGAINST ANIMALS. (1) Any person who, with the intent to deprive or defraud the owner thereof, takes, leads away, confines, secretes, or who conceals the identity by obscuring, altering or removing any collar, tag, license, tattoo or other identifying device or mark on any dog or other domestic animal shall be guilty of a gross misdemeanor. (2) Any person who willfully molests, provokes or mistreats any animal or willfully opens any door or gate or unleashes any animal for the purpose of allowing it to leave its owner's property or to be at large shall be guilty of a misdemeanor. (3) Any person who shall willfully injure, torture, torment, mutilate, neglect, or deprive of the necessary food or water, or who shall overdrive, overload, overwork, or work when disabled, cruelly beat, mutilate, or cruelly kill any cat, dog or other animal, or cause or procure an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of the necessary food and water, cruelly beaten or killed or who shall kill or wound any domestic animal by use of any gun, club, knife, bow and arrow or other weapon which may be used for the purpose of inflicting injury or death to any such animal, shall be deemed guilty of a gross misdemeanor. Any owner of an injured, ill, malnourished, neglected or mistreated animal shall provide necessary veterinary care or aid of such animal as may be necessary, as determined by the poundmaster, provide for the recovery of or relief from unnecessary suffering of the animal. (4) Any person who shall maliciously kill, maim or disfigure another's animal, or maliciously administer poison to any such animal, or expose any poisonous substance with intent that the same should be taken by such animal, or commit any other act or omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or animals, whether the acts or omission herein contemplated be committed either maliciously, willfully or negligently, or knowingly permit such act or omission, or shall cause or procure the same to be done shall be deemed guilty of a gross misdemeanor. (5) It is unlawful for any person to abandon any domestic animal by dropping off or leaving such animal on the street, road or highway, or in any other public place, or on the private property of the owner or another, including unauthorized abandonment at an animal shelter. (6) This section does not apply to the killing of any animal by a police officer, animal control officer, a licensed veterinarian, the owner of such an animal or a person authorized by him to destroy such animal; provided, however, that the death of such an animal is accomplished in a humane manner and for lawful purpose. (7) Every person, firm or corporation convicted of violating subsections (1), (3) or(4) of this section shall be punished by a mandatory fine of not less than $500.00 per animal. Conviction under this section does not bar prosecution and conviction under any other section of this code or any other law or ordinance. (Ord. 3326 Sec. 1, 1998.) Section 7. That Section 8.02.175 entitled "Removal of Animal -Notice" shall be and hereby is amended and shall read as follows: 8.02.175 REMOVAL OF ANIMAL--NOTICE. If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated PMC 8.02.170 and no responsible person can be found to assume the animal's care, the officer may authorize, with a warrant, the removal of the animal to a suitable place for feeding and care, or may place the animal under the custody of the poundmaster RCW16.52.085). An officer may remove an animal under this subsection without a warrant only if the animal is in an immediate life-threatening condition. In all cases, the officer shall make a good faith effort to notify the owner prior to the animal's removal. If contact cannot be made, notice shall be given by posting the place of the seizure, by delivering to a person residing at the place of seizure, or by registered mail if the owner is known. Section 8. That Section 8.02.250 entitled "Kennels — Licensing Provision — Commercial Kennels" shall be and hereby is amended and shall read as follows: 8.02.250 KENNELS - LICENSING PROVISION - COMMERICAL KENNELS. No person, firm or corporation shall maintain a commercial kennel within the City without having a current business license and valid commercial kennel license therefore posted in plain view on the premises. The City Clerk shall issue an annual business license and commercial kennel licenses upon the payment of an annual fee as established by the City Council in Chapter 3.07 of this Code and upon receipt of an annual Certificate of Inspection from the Inspection Services Manager. No license shall be issued for a commercial kennel located in violation of any zoning regulations governing the location of commercial kennels, or operated in violation of any other law. (Ord. 3829, 2007; Ord. 3326 Sec. 1, 1998.) Section 9. That Section 8.02.280 entitled "Unlicensed Animals — Annual Survey" shall be and hereby is amended and shall read as follows: 8.02.280 UNLICENSED ANIMALS - ANNUAL SURVEY. (1) On `f after-Mafeh ' + Each year the City may undertake a survey of all residents in the City to locate and address themselves to every owner of unlicensed dogs. (2) Every legal means will be used to bring recalcitrant owners into compliance. The canvassers will be given the authority to sell licenses and collect a penalty as determined from time to time by the City Council. (Ord. 3326 Sec. 1, 1998.) Section 10. That Section 8.02.320 entitled "Wild, Potentially Dangerous and Dangerous Animals" shall be and hereby is amended and shall read as follows: 8.02.320 WILD, POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS. (1) Declaration: The poundmaster has the authority to declare an animal wild, potentially dangerous or dangerous and require such animal to have a permit in accordance with this section. The poundmaster may declare an animal wil4;potentially dangerous or dangerous if he has probable cause to believe that the animal falls within the definitions set forth in section 8.02.010. If the owner of such animal can be readily determined, the poundmaster shall notify the owner personally or by certified mail of the declaration. If, however, the owner of such animal cannot be readily determined, notification shall be waived. (2) Impoundment: No person shall have, keep or maintain a vld-, potentially dangerous or dangerous animal without first obtaining a permit from the poundmaster. Animal without a peFmit in aeeerdanee with this seetion shall be inunediately impeanded by t peundmaster-a4 the expense of the e%mer-. Any animal meeting this definition and found at-large without a permit will be impounded immediately at the expense of the owner. If the owner of such animal can be readily determined, the poundmaster shall notify the owner personally or by certified or regular mail of the impoundment. If, however, the owner of such animal cannot be readily determined, notification shall be by posting at the Animal Control Agency as provided in Section 8.02.100. (3) Appeal: Any owner of an animal subject to this section, may appeal the determination of the poundmaster to the Hearing Offer Examiner for determination provided the appeal is made in writing including payment of an appeal filing fee payable to the Cit y (as written in Section 3.07) and filed with the City Clerk within ten 10 days of the poundmaster's determination. The hearing shall be scheduled within seven (7) days of the date of service of such notice and the decision of the poundmaster shall be stayed and any impoundment shall continue, at the cost of the owner, pending the appeal. a) If the Hearing Examiner finds insufficient evidence to support the Declaration, the Declaration shall be rescinded and the restrictions imposed thereby annulled and the Lappeal filing fee refunded All impound fees are the responsibility of the owner of the animal, no animal impound expense and fee(s) shall be assessed against the City of Pasco or the animal control authority or officer. b) If the Hearing Examiner finds sufficient evidence to support the declaration, he / she shall impose hearing costs on the appellant as written in Chapter 3.07 restitution if Lapplicable., and may impose additional restrictions on the animal. c) Decisions of the Hearing Examiner shall be final and conclusive unless a timely appeal is filed with the Superior Court of Franklin Countby an aggrieved party within twenty- one 21) calendar days from the date of issuance of the decision and any impoundment shall continue, at the cost of the owner,pending the appeal. (4) Redemption or Destruction of Animal: An animal impounded under this section shall be returned to its owner if he complies with section 8.02.320(5) and 8.02.080 within 72 hours of after notification of impoundment. If, however, the owner of the impounded animal under this section does not comply with section 8.02.320(5) and 8.02.080 within 72 hours after notification of impounding, such animal shall be destroyed in an expeditious and humane manner. For purposes of determining whether the 72 hours have expired, the following methods shall be used: (a) if the owner is personally served by the poundmaster, time begins when the owner was personally served; (b) if the owner is mailed notice by certified and regular mail, time begins when the notice was mailed; and, (c) if the owner of such animal could not be readily determined by the poundmaster, notice shall be by posting as provided by section 8.02.100 and the time begins at posting as provided by section 8.02.100. EXCEPTION: Upon execution of Declaration of Removal by the owner, or authorized representative of the owner of the animal and payment of applicable fees including impound fees, the animal may be released by the poundmaster into the custody of the owner, or authorized representative of the owner for the immediate and permanent removal of the animal from Pasco. (5) Permit Required: No person shall have, keep or maintain any wig potentially dangerous or dangerous animal without first obtaining an annual permit from the poundmaster. The fee for such a permit shall be in addition to the regular annual license fee. A permit will only be granted if the applicant has provided and maintains: (a) a proper enclosure to properly and safely confine the animal as determined by the poundmaster, (b) a conspicuously posted sign on the premises which clearly warns the public and children that there is a wild, potentially dangerous or dangerous animal on the property, (c) $250,000 surety bond issued by a surety insurer qualified under RCW 48.28 in a form acceptable to the poundmaster payable to any person injured by the wild, potentially dangerous or dangerous animal; or liability insurance, such as homeowner s insurance, issued by an insurer qualified under Title 48 RCW in the amount of not less than $250,000 with maximum deductible coverage not to exceed $2,500 in a form requiring notice to the City of cancellation or nonrenewal of such policy not less than 30 days prior to its date of cancellation or expiration, insuring the owner for any personal injuries or property damage inflicted by the animal and (d) proof that all surrounding property owners and occupants have been notified and given an opportunity to comment on the confinement plans. (Ord 3756 Sec. 2, 2006). (6) Exemption to Permit Requirement: An animal that is classified as "potentially dangerous" under the provisions of subsection 8.02.010 (14)(d) may be exempted from the permit requirements of the above subsection (5), provided such animal has passed the Canine Good Citizen (CGC) test of the American Kennel Club (AKC), as administered by the poundmaster or the Animal Control Authority, and received the appropriate certificate from AKC. Such animal shall be retested and passed at least once every two years in order to maintain this exemption. (7) Control and Confinement: Dangerous and potentially dangerous animal must be muzzled and securely leashed, restrained and under the control of a person physically able to control the animal when away from the property of the owner or keeper; or, while on the property of the owner, must be securely confined within a "proper enclosure" as defined in section 8.02.010 made of materials strong enough to adequately and humanely confine the dog in a manner which prevents it from escaping the property and to prevent the entry of young children and kept in conformance with requirements in section 8.02.320(5). (8) Violations and Regulation: Any person violating the provisions of this section shall be guilty of a gross misdemeanor. No person who, being the owner of any w4d, potentially dangerous or dangerous animal, shall keep, harbor or maintain the same on or off his premises in a manner endangering or likely to endanger the safety of persons, property or other animals nor shall he allow the same to run at large within the City. It shall be a defense to any charge under this section involving an alleged wi4d potentially dangerous or dangerous animal that the person endangered was committing, was about to commit or had just committed a trespass or crime and that the animal s reaction was a natural result thereof. The Animal Control Agency may petition the Pasco Code Enforcement Board to determine whether an animal should be destroyed. (Ord. 3714 Sec. 2, 2005; Ord. 3439 Sec. 1, 2000; Ord. 3385 Sec. 1, 1999; Ord. 3326 Sec. 1, 1998.) Section 11. That Section 8.02.330 entitled "RCW Sections Adopted — Possession of Potentially Dangerous Wild Animals Prohibited" shall be and hereby is amended and shall read as follows: 8 02 330 RCW Sections Adopted — Possession of Potentially Dangerous Wild Animals Prohibited. The following sections of the Revised Code of Washington RCW pertaining—to prohibiting,possession of potentially dangerous wild animals, including bobcats (lynx rufus., member of the Class mammalia Order carnivora, Family felide, or any hybrid or cross-mix thereof) as now or hereafter amended are hereby adopted by reference as part of this Chapter in all respects through such chapter were set forth in full: RCW 16.30.005; RCW 16.30.010; RCW 16.30.020-, RCW 16.30.0303 RCW 16.30.040; RCW16.30.050; RCW 16.30.060; RCW 16.30.070; RCW 16.30.900. Section 12. That Section 8.02.360 entitled "Penalty Provisions" shall be and hereby is amended and shall read as follows: 8.02.360 PENALTY PROVISIONS. (1) Any person violating any provision of this chapter, except sections 8.02.130, 8.02.170 and 8.02.320, is guilty of an infraction. Unless matters in aggravation warrant a greater civil penalty, each violation shall be subject to a minimum penalty as set forth in Chapter 3.07 of this code, plus all costs and assessments for the following respective violations: (a) First violation within five years. (b) Second violation within five years. (c) Third violation within five years. (d) Four or more violations within five years. (2) Each person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by any such person and shall be punished accordingly. (3) Court costs shall be assessed in addition to any other fine, penalty, cost or statutory assessment imposed. (4) The City, at its election, may divert any infraction, identified in subsection (1), above, to be heard before the Pasco Code Enforcement Board pursuant to Chapter 11.024 of the Pasco Municipal Code. Assessments of monetary penalties for violations of this chapter shall be assessed by the Code Enforcement Board, in accordance with subsection (1), (a) through (d) above. (Ord. 3544 Sec. 1, 2002; Ord. 3534 Sec. 1, 2002; Ord. 3326 Sec. 1, 1998.) Section 13. That Section 8.02.365 entitled "License Fees" shall be and hereby is amended and shall read as follows: 8.02.365 LICENSE FEES. The following animal license categories are established with respective fees as set forth in Chapter 3.07 of this code. (1) Dog license (a) Unaltered (b) Altered, spayed or neutered (2) Cat license (a) Unaltered (b) Altered, spayed or neutered (3) Low income senior citizens meeting the criteria for eligibility for utility discount services provided by PMC 13.20.040 altered, spayed or neutered, dog or cat. (4) Replacement tags (a) Replacement tags for low income senior citizens meeting the criteria for eligibility for utility discount services provided by PMC 13.20.040 (5) Kennel and Cattery (6) Potentially Dangerous or �I�Dangerous Animal Permit A late fee for each license issued, shall be assessed against any person failing to secure the required license within the dates required by PMC 8.02.190. (Ord. 3544 Sec. 2, 2002; Ord. 3385 Sec. 2, 1999; Ord. 3326 Sec. 1, 1998.) Section 14. 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 12008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE amending Section 3.07.020 "Animal Control" of the Pasco Municipal Code. WHEREAS,the City Council of the City of Pasco has determined that certain amendments to the Pasco Municipal Code regarding Animal Control is warranted; NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as follows: Section 1. That Section 3.07.020 ANIMAL CONTROL of the Pasco Municipal Code is amended to read as follows: 3.07.020 ANIMAL CONTROL: A) Penalty Provisions: Fee/Charge Reference 1) First Offense w/in 5-years $50.00 8.02.360 2) Second Offense w/in 5-years $100.00 8.02.360 3) Third Offense w/in 5-years $200.00 8.02.360 4) Four or more w/in 5-years $400.00 8.02.360 B) Penalty(Civil Penalty)Potentially Dangerous Animal(RCW 16.30.060 First offense $500.00 8.02.360 Second offense $1,000.00 8.02.360 Third offense $1,500.00 8.02.360 Fourth offense or more 2$ •000.00 8.02.360 13C) Annual License Fees: 1) Unaltered $45.00 8.02.365 2) Altered, spayed or neutered $10.00 8.02.365 3) Replacement Tags $5.00 8.02.365 4) Senior Replacement Tags $3.00 8.02.365 5) Kennel and Cattery $50.00 8.02.365 6) Potentially Dangerous or Wild $250.00 8.02.365 Dan eg rous Animal Permit 7) Late Fee: $10.00 8.02.365 8) Discounts to low income Senior Citizens- $3.00 8.02.365 (altered, spayed or neutered) ED) Impound Fees: 1) First Offense w/in 12-months $35.00 8.02.080 2) Second Offense w/in 12-months $50.00 8.02.080 3) Three or more w/in 12-months $100.00 8.02.080 4) Boarding Fee(per day) $10.00 8.02.080 Q Vaccination Fee $15.00 8.02.320 DE 1 Misc. Fees: Appeal Filing Fee 5$ 0.00 8.02.320 Hearing $150.00 8.02.320(b) (Ord. 3715,2005; Ord. 3610, 2003) 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 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE CITY OF PASCO SUMMARY ORDINANCE NO. and ORDINANCE NO. At a regular meeting held , 2008, the Pasco City Council adopted Ordinance No. ; an ordinance amending Section 3.07.020 Animal Control and Ordinance No. an ordinance amending Chapter 8.02 Animal Control. Ordinance amends the Pasco Municipal Code to update Animal Control fees associated with Animal Impoundments; Ordinance provides uniformity with RCW 16.30.005; RCW 16.30.010; RCW 16.30.020; RCW 16.30.030; RCW 16.30.040; RCW16.30.050; RCW 16.30.060; RCW 16.30.070; RCW 16.30.900 and provides clarity to procedures relating to the enforcement of animal control. Each Ordinance shall take effect five days after publication in the official newspaper of the City of Pasco. The full text of Ordinance No. and Ordinance No. are available for review and copying on the city website at www.pasco-wa.gov or will be mailed upon request from the City Clerk at 509-545-3402 or P. O. Box 293, Pasco, WA 99301-0293. Sandy Kenworthy, Deputy City Clerk AGENDA REPORT NO. 18 FOR; City Council July 16, 2008 TO: Gary Crutchfi Manager FROM: Robert J. Alberts; e-Works Director Regular Mtg.: 07/21/08 SUBJECT: Potential traffic signal system at Broadmoor Blvd. / Saint Thomas Drive I. REFERENCE(S): 1. Exhibit A 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/21: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 1994, Saint Thomas Drive was constructed east of Broadmoor Blvd. (Road 100) to facilitate development opportunity with visual exposure to the I-182 traffic. At the time, traffic volumes on Broadmoor Blvd. were low. In 2003, the decision was made on the location of Chapel Hill Blvd. and the initial construction of Chapel Hill Blvd. was started in conjunction with the Linda Loviisa development. Chapel Hill Blvd. was planned to be an arterial street connecting Road 68 and Broadmoor Blvd. A traffic signal was installed at Chapel Hill Blvd. and Broadmoor Blvd. in 2006. Traffic signals at Broadmoor Blvd. and I-182 were installed in 2007 due to the demand of increased traffic. The distances between the signalized I-182 ramp intersections, Chapel Hill Blvd. intersections and Saint Thomas Drive intersection are very close, which can lead to traffic conflicts (particularly for left turns). V. DISCUSSION: A) The owner of the property located at the northeast corner of Saint Thomas Drive and Broadmoor Blvd. has a plan to develop the property starting with a bank and hotel (Exhibit A). To attract these businesses, however, the development needs unrestricted access to and from Broadmoor Blvd. The developer has offered to contribute $100,000 (about half the total cost) toward a traffic signal at Broadmoor Blvd. and Saint Thomas Drive. B) The Transpo Group, on behalf of the City, has reviewed the proposal to install a traffic signal at Broadmoor Blvd. and Saint Thomas Drive, Bruce Haldors of The Transpo Group will present their findings to Council. In summary, a traffic signal system can be designed which can work in the short term, but may experience problems in the long term once Chapel Hill Blvd. is extended to Road 68. C) Staff felt it was important to discuss with Council the impacts if a signal is installed at Broadmoor Blvd. / Saint Thomas Drive intersection and whether or not to accept the offer from the owner. 1o(a) i g � w� M1µ � ..�,yiaq,ra`s",.,».....- �,1 .•_�,� �. Now � pt's "•Y.. .1l�Y``�7Pq�A �( e.cis. •ti p I L rc .rv�-� �- . ,• !4tiv•. ;` {�` ue r ni J S ` IV. C# .`: h S ►' *''tom/! ir tr •`�`�� 4 • Al M1� ~�.�',^ '�;'' .{ a`f'a • 1 kt Ax '� � �°�,y.P,y.,.,'•'�11�wlll�'N". """ - .a�. .�erx,ay...,... Y AGENDA REPORT TO: City Council July 16, 2008 FROM: Gary Crutch anager Regular Mtg.: 7/21/08 SUBJECT: Solid Waste Contract—Fuel Surcharge I. REFERENCE(S): A. Letter from BDI to City Manager dated 6/18/08 B. Proposed Contract Amendment II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7/21: MOTION: I move to approve the Solid Waste Contract Amendment for fuel surcharge and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city is responsible to provide solid waste collection and its proper disposal. For more than 50 years, the city has contracted with BDI (or its predecessors) to provide this essential community service. The rates charged by the contractor are subject to review and approval by the City Council, as the contractor has exclusive rights to solid waste collection in the city. B) The current rates were last approved by City Council action in August 2006, following a thorough review and analysis of the contractor's financial records by the Washington Utilities and Transportation Commission (WUTC) and by an independent CPA firm contracted by the city. At the time of the 2006 rate adjustment, BDI had suggested use of a "fuel surcharge" in recognition of rising fuel prices but staff recommended against such an element, pending its use by the WUTC. C) Since August 2006, fuel prices have spiked considerably and caused even greater financial influence than anticipated 18 months ago. Consequently, BDI has requested that the fuel surcharge concept be implemented by the city as soon as possible (see reference A). D) The fuel surcharge proposed by BDI is similar to that used by WUTC, in that it effectively accounts for the change (increase) in fuel price since the date of the rate decision in August 2006 and uses a temporary adjustment of the monthly billing rates to recover the additional fuel expense being absorbed by the contractor. By doing so, the integrity of the 2006 rate decision is sustained over a longer period of time. If a surcharge mechanism is not used, then the contractor will need to request an entire rate adjustment be implemented much sooner. V. DISCUSSION: A) Staff concurs in the contractor's suggestion that use of a fuel surcharge is preferable to a full rate adjustment study and process, because the full rate study was done so recently. Use of the WUTC surcharge model provides a mechanism which: is proven to be effective; is in use in many areas of the state; is designed and approved by WUTC, a state regulatory agency. Council should note also that many private sector entities (including UPS and other transport companies) have been using a fuel surcharge for some time. 10(b) B) Following general consensus of Council at its July 23 Workshop that a fuel surcharge appeared to be a reasonable step to take, a Council committee (Mr. Garrison and Mr. Hoffman) reviewed the relevant financial details of the contractor's business expenses as well as the surcharge methodology. The committee and staff concluded the fuel surcharge concept to be reasonable in purpose and appropriate in methodology. The effect of the surcharge, using the proposed methodology and current conditions, would result in an increase of about $0.55 cents on the typical monthly residential account. If fuel prices move higher, the surcharge will increase proportionately; conversely, if fuel prices decline from present levels, the surcharge will decline proportionately. C) The Committee noted that the current rate schedule was approved by the City Council in August 2006, only two years ago. Historically, rate schedules have been valid for 4-6 years before requiring full adjustment. Use of the fuel surcharge at this stage should preserve the 2006 rate schedule for another 2-3 years, thus better assuring a stable rate schedule for solid waste collection services for the community. Consequently, the committee and staff recommend approval of the proposed contract amendment. PASCO CITY HAIL i (509)547-2476 P E C E W E D 800-642-6447 (509)547-8617 fax BASIN DISPOSAL, INC. 2�1�$ 2021 N. CommercralAve. P. 0. Box 3850 Pasco, WA 99302-3850 Pasco, WA 99301 June 18, 2008 Ci-`Y nviANAGER'S OFF-ICE Mr. Gary Crutchfield City of Pasco 525 North 3`d Avenue Pasco,WA 99301 Dear Mr. Crutchfield: This letter is a follow up to my prior correspondence regarding the implementation of a fuel surcharge to the current rates. The recent increase in fuel costs has dramatically eroded the allowable operating margin approved by the Council two years ago. This request is specific to fuel, and is designed to preserve the approved rate case for a greater period of time by adjusting for this single line item_ I believe that a simple adjustment mechanism can be used by virtue of having a known and established fuel expense in the prior rate case. This fuel expense is a specific percentage of revenues. The proposed adjustment mechanism can be described as measuring the known percentage increase in fuel price, and then applying that increase to the already established fuel expense component. The resulting math yields a percentage increase on gross billed revenue that applies specifically to the fuel expense component. It should also be said that this mechanism works in either a positive or negative direction, and will better reflect any changes in fuel costs. The proposed adjustment mechanism has been widely used in the transportation sector, and more specifically utilized by the Utilities and Transportation Commission as part of their rate setting procedures. The surcharge more accurately compensates for fuel price changes, while at the same time avoids the costly and time consuming process of a full rate case. I am proposing to utilize the EIA/DOE publicized fuel index, which will be submitted to the City Manager's office on a bi-monthly basis. The current fuel surcharge will be applicable for a two month period of time. It is readily apparent that we are in a highly inflationary environment. Expenses for basic commodities such as fuel and metal have adversely affected the established rate structure approved two years ago. By authorizing the proposed surcharge adjustment, fuel price changes would now be able to be recouped, with the ultimate goal of preserving the previously authorized operating ratio for a greater period of time. I have supplied a sample surcharge calculation as an attachment to this letter. If there are any questions, please feel free to contact me. Sinc t^ Darrick Dietrich General Manager AGREEMENT AMENDING SOLID WASTE COLLECTION SERVICE CONTRACT This Agreement is made and entered into between the City of Pasco, a Municipal Corporation in the State of Washington, and Basin Disposal, Inc., a Washington Corporation, and amends that certain agreement between the parties entered into on the 15th of March, 1993, titled "Solid Waste Collection Service Contract"hereinafter referred to as Contract, as previously amended. WHEREAS, the City Council, in August 2006 approved a rate adjustment for solid waste collection services provided by Basin Disposal, Inc. but also declined to authorize a surcharge mechanism to respond to the potential for further increases in fuel costs being experienced at that time; and WHEREAS, over the course of the past two years, fuel costs have increased much more dramatically than anticipated at the time of the 2006 rate adjustment, resulting in the need for a new rate schedule or use of a surcharge mechanism to offset the affect of fuel price increases; and WHEREAS, a fuel surcharge formula has been approved by the Washington Utilities and Transportation Commission for use in many service areas throughout the state of Washington over the past two years; and WHEREAS, a committee of City Councilmembers has reviewed the applicable fuel cost information and recommends use of a temporary surcharge mechanism to offset the affect of fuel costs, thus preserving the 2006 rate schedule; NOW THEREFORE, the parties hereto agree as follows: Section 1. In addition to the base collection rates set forth in the contract amendment dated August 21, 2006, the contractor is hereby authorized to include a "fuel surcharge" on all solid waste collection accounts, provided the surcharge is determined and used in accordance with the provisions hereinafter set forth. Section 2. The following.definitions apply to the use of the fuel surcharge: a. Base Fuel Expense: the proportion of approved rates attributable to gross fuel expense, hereby fixed at 4.95%. b. Base Fuel Price: the average cost of diesel fuel used at the time of the 2006 rate authorization, hereby fixed at $2.77. C. Current Fuel Price: the per gallon price for retail sales of "West Coast Number 2 Diesel Ultra-Low Sulfer" (0-15 PPM) for the most recent full month reported in the "Monthly Diesel Prices — Ultra-Low" index published by the Energy Information Administration of the US Government. d. Surcharge: the product of multiplying the base fuel expense by the percentage change between the base fuel price and current fuel price. Section 3. Surcharge Methodology: the Surcharge shall be calculated by subtracting the Base Fuel Price from the Current Fuel Price and converting the difference to a percentage of the Base Fuel Price; that percentage shall then be multiplied by the Base Fuel Expense and the resulting product shall constitute the Surcharge. The Surcharge shall be applied to each monthly or bi-monthly account billing, in accordance with Section 4. Section 4. The contractor shall submit to the city Finance Services Manager a Surcharge calculation worksheet (example provided in Exhibit A) by the 15t1i day of the month immediately preceding the months of August, October, December, February, April and June; the Surcharge shall be deemed approved and authorized unless written objection from the city is received by the contractor within seven (7) days of city's receipt of the worksheet. A Surcharge shall commence only on the first of each of the months named herein above. 5. This amendment shall be effective upon its approval by the City Council and shall remain in effect until amended by City Council action. This amendment, however, shall expire and become null and void upon City Council approval of a new rate schedule for solid waste collection services. Dated this day of , 2008. Approved by the City Council of the City of Pasco at its regular meeting of July 21, 2008. CITY OF PASCO: BASIN DISPOSAL INC. Joyce Olson, Mayor Leonard Dietrich, President ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Leland Kerr, City Attorney Basin Disposal Inc.,Amending Solid Waste Collection Contract-Fuel Surcharge Page 2 o� .,q o e Cr O O 3'. C14 p Vi 69 69 O fj• _ _3f. y� Ed En cd w bA w . e� M ZI •-+ N M I kn zrl- 00 O\ O N M 'T V) �.D l- AGENDA REPORT NO. 16 FOR: City Council July 9, 2008 TO: Gary Crutchfi Manager FROM: Robert J. Alb ert� i�!]i Works Director Workshop Mtg.: 07/14/08 Regular Mtg.: 07/21/08 SUBJECT: Lewis Street Overpass—CH2MHill I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 7/14: Discussion 7/21: MOTION: I move to approve the agreement with CH2MHill design services for the Lewis Street Overpass on a time and material basis not to exceed $225,000, and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 2000 the City Council adopted Resolution No. 2532. The resolution adopted the Lewis Street Corridor Study and the options to replace the Lewis Street Underpass (which was constructed in 1937) with a new overpass. Since the adoption of the resolution the City has purchased one property and staff has pursued funding programs without success. V. DISCUSSION: A) The next step for the project is to aggressively seek federal funding for the project. This requires additional engineering to be performed by a consulting firm. On June 25, 2008 three consulting firms were interviewed by a committee consisting of Mayor Joyce Olson, Councilmember Al Yenney, City Manager Gary Crutchfield and Public Works Director Bob Alberts. All firms interviewed were qualified with good backgrounds. Providing assistance to compete for federal funds, flexibility and being responsive were major considerations in making a recommendation on which consultant should be selected. B) Staff is recommending the proposed agreement with CH2MHill, which is broken into three tasks and based on a time and material fee basis. Unlike most professional services agreements, the exact level of services cannot be determined at this time. For example, different degrees of Tasks 2, 3 and 4 may be required or recommended by the City's lobbyists. Staff would be responsible for administering the agreement and determining the level of service for each task. The goal is to acquire as much federal and state funding as possible for the $18 million dollar project. Staff recommends Council approve the agreement with the fee not to exceed $225,000 and add the expenditure in the year end supplemental budget. 10(c) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and CH2MHill hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering services with respect to the Lewis Street Overpass project. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. The June 20,2008 letter of interest and qualification submittal is also part of this Agreement. 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, provided, 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 time and material basis. The payment for all work performed pursuant to this Agreement exceed the sum of$225,000. 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 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 270 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. G_eneral 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. Discrimination 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 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-assn nable. 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 contingent 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 attorney fees and costs. 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: CH2M Hill 8836 W. Gage Blvd., Suite 202A 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 JULY,2008. CITY OF PASCO CONSULTANT: By: By: Joyce Olson, Mayor Wally Hickerson, P.E., Client Service Manager ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney 1 Exhibit A 2 Phase 1 Scope of Services - Lewis Street Overpass 3 General 4 A four-phased approach was proposed by CH2M HILL in our Statement of Interest 5 submitted to the City on June 20,2008,which by reference is attached hereto and made a 6 part hereof.Based on recent discussions with the City,the four-phase approach has been 7 revised to a three-phase approach to more accurately reflect the work necessary to complete 8 the project.This Phase 1 Scope of Services has been developed to identify the necessary 9 work to be completed with the primary goal of assisting the City in acquiring federal funds 10 from Congress during the 2009 fiscal year (FY 2009). It is intended that additional services 11 for the other phases will be provided as the project progresses.The work in later phases is 12 briefly outlined at the end of this Scope of Services. 13 Schedule 14 The timeline for completion of Phase 1 services is anticipated to take a maximum of nine (9) 15 months.Key milestone dates are listed below,with the assumption that a Notice to Proceed 16 from the City is received by July 31,2008. 17 • Federal and State funding briefing package and brochure-by October 31, 2008. 18 • Completion of Phase 1 activities-by April 30,2009. 19 Task 1 .0 Funding Technical Services 20 1.1 Develop Overall Funding Strategy 21 The objective of this task is to prepare technical and informational materials for the project in 22 the development and implementation of the funding strategy to provide the City and its 23 lobbyist with the necessary support to assure this project is considered in the federal 24 budgeting process,and to assist the City in the acquisition of the necessary funds from 25 Congress. The approach will consist of two (2) meetings with the City,preparation of 26 brochures and other pertinent project information,and if desired,assistance with a lobbying 27 effort at the state and/or federal level. 28 The purpose of the first meeting will be to assist the City with developing an overall funding 29 strategy.The initial project description will be reviewed and revised as needed to meet project 30 needs.This meeting will be scheduled after coordination has taken place with potential 31 funding partners (FHWA, FEMA, Department of Homeland Security,WSDOT,TIB,FMSIB, 32 BNSF,the Port of Pasco,Ben Franklin Transit,and possibly local land developers and 33 businesses).A funding plan outline will be developed subsequent to this meeting based upon 34 the information gathered therein. VERSION 6-PRINTED 7/1512008 CITY OF PASCO.SOW DRAFT PES REVEDOC 1 SCOPE OF WORK 1 The second meeting will be to discuss the plan outline with the City after other team members 2 have further developed supporting information (transportation planning,environmental scan, 3 updating of project costs)so that the funding strategy includes this input.With concurrence 4 from the City on the final strategy approach,the funding briefing package (project white 5 paper/brochure and presentation) will be prepared. 6 If the City elects, CH2M HILL can accompany the City while it makes its presentation of the 7 funding briefing package at the state and/or federal level.The City may also elect to make 8 this presentation with its own staff or other resources. 9 As part of the overall funding strategy,CH2M HILL will assist the City in the preparation of 10 grant and/or loan applications from the potential funding partners identified above (FEMA, 11 Department of Homeland Security,WSDOT,TIB,FMSIB, and Public Works Trust Fund). 12 Assumptions: 13 • Two (2) visits to the City are required to complete this task. 14 Deliverables: 15 • Memorandum summarizing the project funding strategy. 16 • Memorandum summarizing the project funding plan outline. 17 • Project funding briefing package,to include white paper/brochure and PowerPoint 18 presentation. 19 • Grant applications for other potential funding agencies (FHWA, FEMA,TIB, FMSIB). 20 Additional trips if authorized by the City would include: 21 • A one-day trip to Olympia attended by Roger Flint and/or Kirsten Pennington, 22 CH2M HILL financial professionals. 23 a A three-day trip to Washington,DC attended by one of the local CH2M HILL financial 24 professionals. 25 * Alternatively, a CH2M HILL financial professional local to the Washington,DC area 26 (Mr.Jay Farrar) could be substituted for the 3-day trip. 27 1.2 Purpose and Need Statement 28 The objective of this task will be to complete the purpose and need definition for the project 29 and assist the City in the preparation of documents required to access federal transportation 30 funds.Identifying the key elements of the purpose and need for the project will be critical in 31 developing the funding briefing package that ultimately will be presented to legislators and 32 grant and/or loan agencies.CH2M HILL and the City will identify those key themes and 33 messages relative to the purpose and need that will resonate with legislators and potential 34 funding resource agencies. This work will involve assessing the local transportation system as 35 a whole in order to identify the benefits that this project will bring to multiple user groups 36 and other vital service providers. 37 After review of the project's history,issues,challenges,and benefits,CH2M HILL and the 38 City will write a definitive purpose and need statement that will be used for the legislative 39 funding package,the formal NEPA process, and the Local Agency Federal Aid Project 40 Prospectus. VERSION 6-PRINTED 7/15/2668 City of Pasco-SOW DraR_PES_Rev6.doc 2 SCOPE OF WORK 1 Assumptions: 2 • The Purpose and Need statement will be sufficient to be used for several applications 3 during project development (funding briefing package,NEPA process, and others as 4 appropriate). 5 Deliverables: 6 • Formal Purpose and Need Statement. 7 Task 2.0 Concept Development 8 2.1 Pre-Design Study 9 The objective of this task is to support the federal funds request and produce a pre-design 10 document in sufficient detail to"fix'the project features and footprint,beyond a conceptual 11 level,for later design development,and to produce a more updated estimate of the total 12 project cost.The estimate is critical to setting the project funding target which will become 13 part of the funding briefing package and set the amount of funds to seek to complete the 14 project. 15 This pre-design document includes the preliminary work necessary for the bridge TS&L 16 Study that will be required to be completed during Phase 2 (Preliminary Design).It will serve 17 as the guidance document to determine a preliminary preferred bridge concept,determine the 18 project cost,footprint, and other primary project features.With input from City staff, 19 CH2M HILL will develop a conceptual layout for a bridge structure and approaches to aid in 20 quantifying the structure cost. 21 CH2M HILL will prepare a Pre-Design Study which will be used as the guidance document to 22 direct the future design effort. This study will address such items as conceptual alignment 23 and profile of the bridge and associated roadways, structure type (to include materials,span 24 layouts,bridge width,pier and abutment configurations,foundation types,etc.),typical 25 section (to include number and width of lanes and shoulders,provisions for bicycles and 26 pedestrians),right-of-way impacts, and drainage issues.This work will also serve as a 27 baseline for determining potential environmental impacts and the anticipated permitting 28 process. 29 To accomplish this,a limited amount of geotechnical investigation and analyses, as well as a 30 limited amount of topographic surveying,will be required. Two (2) geotechnical borings will 31 be performed outside of the BNSF rights-of-way and the material assessed for its engineering 32 properties for bridge pier design and roadway construction.A topographic P-line along the 33 proposed alignment will be surveyed to aid in the development of conceptual roadway 34 approach profiles and vertical clearances beneath the structure. 35 CH2M HILL will prepare a concept-level opinion of probable construction costs independent 36 of the previous 2000 Alternatives Evaluation study as part of the Pre-Design Study.These 37 estimates will be based on the best readily available information for 2008 construction costs. 38 Right-of-way costs will be estimated on current area sales information in the local area. VERSION 6-PRINTED 711512008 C"OF PASCO-SOW DRAFT-PES_REV6.DOC 3 SCOPE OF WORK 1 Assumptions: 2 • Two (2)borings will be performed outside of the BNSF rights-of-way and the material 3 assessed for its engineering properties for bridge pier and roadway construction. 4 Recommendations for additional geotechnical explorations to be performed in subsequent 5 phases of the project will be prepared. In soils,foundation,groundwater,and other 6 subsurface investigations,the actual characteristics may vary significantly between 7 successive test points and sample intervals and at locations other than where observations, 8 exploration, and investigations have been made. Because of the inherent uncertainties in 9 subsurface evaluations,changed or unanticipated underground conditions may occur that 10 could affect total project cost and/or execution.These conditions and cost/execution 11 effects are beyond the control of CH2M HILL. 12 • Survey a P-line along the proposed alignment to assist in the determination of roadway 13 approach profiles and vertical clearances for the structure. 14 • Costs will be estimated based on readily available information for recent similar 15 construction projects in the Pacific Northwest.CH2M HILL has no control over cost or 16 price of labor and materials;unknown or latent conditions of existing equipment or 17 structures that may affect operation or maintenance costs;competitive bidding procedures 18 and market conditions;time or quality of performance by operating personnel or third 19 parties;and other economic and operational factors that may materially affect the ultimate 20 project cost or schedule. Therefore,CH2M HILL makes no warranty that the actual project 21 costs, financial aspects,economic feasibility, or schedules will not vary from CH2M HILL's 22 opinions, analyses,projections,or estimates. 23 • Right-of-way costs will be based on recent sales in the local area. 24 Deliverables: 25 • Pre-Design Study with plan,profile,and typical sections for the bridge and approaches, 26 project footprint definition, graphics,renderings,design recommendations, and updated 27 opinion of probable construction costs sufficient for setting the basic premise to be carried 28 forward into preliminary design. 29 2.2 Review Alternatives Evaluation Report 30 The objective of this task will be to confirm the assumptions made in the 2000 Alternatives 31 Evaluation report prepared by the Transpo Group to identify those assumptions that have 32 changed or proved not to be true, and make new assumptions based upon those changes.The 33 review is intended to bring the project in line with current conditions within the local area, 34 and to make allowance for changes in land use,growth, and changed traffic patterns since the 35 report was published in 2000. 36 CH2M HILL will conduct a review of the previous study prepared in 2000 to assess what has 37 changed subsequent to its publication.An assessment of the validity of the key assumptions 38 and conclusions reached will be made.The result of this effort will be a technical 39 memorandum that summarizes those elements that have changed since the previous the 40 Lewis Street evaluation was conducted,how those changes will affect the project now as it 41 moves forward, and an outline of the steps necessary to update the transportation analysis. VERSION 6-PRINTED 7/1512408 City of Pasco-SOW Dra1t_PES_Rev6 doc 4 SCOPE OF WORK 1 Assunijtions: 2 The review will be completed by our subconsultant,Transpo Group,with CH2M HILL 3 input and guidance. 4 Deliverables: 5 • Technical memorandum summarizing previous transportation analysis and significant 6 changes subsequent to the previous report.The memorandum will include a summary of 7 the steps necessary to update the transportation analysis to reflect those changes since the 8 original report's completion. 9 Task 3.0 Environmental Scan & Identify NEPA Requirements 10 The objective of this task will be to search for and uncover potential "fatal flaws"early in the 11 environmental screening process through a focused environmental "scan" so that these 12 potential challenges may be identified early and therefore resolved promptly during the more 13 formalized Phase 2 NEPA process. The approach will consist of two (2) meetings with the 14 City,visits to the project site and vicinity, and research of readily available documents and 15 other information to assess historically significant structures,endangered species,population 16 demographics,etc.to produce a technical memorandum summarizing the findings and 17 making recommendations as to which discipline reports will be required to be produced for 18 the NEPA process under Phase 2. 19 The purpose of the first meeting will be to review the initial project description,discuss the 20 draft purpose and need for the project,visit the project site,collect relevant documentation 21 and information,and discuss potential issues and concerns as part of the environmental 22 "scan" to identify the primary issues that might affect project development. Some of these 23 issues will include Section 4(f) and 6(f) resources;increased noise levels;accelerated land 24 development and changing land use patterns;environmental justice through residential 25 and/or commercial displacements;archaeological, cultural,and historic resources; and access 26 control.This scan will serve to identify the larger environmental and permitting issues that 27 could cause problems later in the project development,and serve as a vehicle to begin 28 developing and initiating strategies to meet and overcome those challenges.This meeting will 29 be used to consider environmental needs that need to be addressed for funding packages,and 30 to address transportation/traffic issues related to the project.The environmental and 31 planning needs and concerns of the project will be used to develop a draft Purpose and Need 32 statement for the project that will support the funding package and the NEPA process. 33 The purpose of the second meeting will be to discuss the findings of the initial environmental 34 scan,and reach agreement on the identified environmental issues and concerns that need to 35 be addressed in more detail through the NEPA process.Archaeological,historical, and 36 cultural resources;noise mitigation,land development,land use patterns,and environmental 37 justice will be addressed in this meeting. 38 After concurrence from the City on the final summary of environmental issues/concerns, a 39 technical memorandum will be developed summarizing the environmental issues/concerns 40 and identifying those recommended for technical discipline reports to support the NEPA 41 documentation in the next phase of work. VERSION 6-PRINTED 7/15/2008 CITY OF PASCO-SOW DRAFT_PES_REV6.DOC 5 SCOPE OF WORK 1 Assumptions: 2 • Information will be gathered by site visits and through other readily available sources 3 (web searches, reference materials/libraries,direct contact with resource agencies). 4 Deliverables: 5 Technical memorandum summarizing the findings of the environmental scan and the 6 identification of the necessary discipline reports that will need to be prepared for 7 clearing the NEPA process. 8 Task 4.0 Coordination and Outreach 9 The objective of this task will be to establish early contact and initiate the coordination process 10 with the BNSF in order to more smoothly move the project forward through the railroad 11 permitting process and to garner initial and continued stakeholder support,develop a public 12 involvement plan for implementation in later phases of the work, and to keep the key 13 stakeholders engaged in the project development process to maintain stakeholder support for 14 the project. 15 4.1 BNSF Coordination 16 CH2M HILL will make contact and coordinate directly with BNSF,with participation by the 17 City as it desires.The intent of this coordination will be to establish the initial understanding 18 of the project,assess BNSF requirements as they relate to future planning,required design 19 standards,and policies. As the project progresses through subsequent phases,a railroad 20 Construction and Maintenance Agreement between the City and BNSF will be required. 21 CH2M HILL will also coordinate with the WUTC to address concerns of utility purveyors 22 whose infrastructure will require relocation as a result of the project.The WUTC serves as the 23 clearinghouse for comments and concerns from other public agencies and utility purveyors 24 for projects of this nature. 25 CH2M HILL will prepare a railroad coordination plan to aid the City in the approach and 26 timelines required to reach agreement with BNSF. The plan will define applicable BNSF 27 policies,design standards,design review durations, future track planning, right-of-way 28 requirements, and other elements.The plan will define key milestones related to the railroad 29 activities necessary to avoid overall project schedule delays. 30 Assumptions: 31 a CH2M HILL will arrange and conduct one (1) on-site meeting with the BNSF. 32 • CH2M HILL will arrange and conduct one (1)meeting with the WUTC at the offices of 33 the City. 34 • Preparation of a railroad Construction and Maintenance Agreement is not part of this 35 Scope of Services,but is reserved for a later project phase. 36 Deliverables: 37 • Lewis Street Overpass Railroad Coordination Plan (10 copies). VERSION 6-PRINTED 7115l2DD8 City of Pasco-SOW Draft_PES_Rev6.doc 6 SCOPE OF WORK 1 4.2 Stakeholder Involvement 2 The objective of this task will be to engage those most affected by the project and result in the 3 development of a plan to generate support from the public for the project.This work will 4 involve research and meetings with those identified in the previous (2000) Lewis Street work, 5 as well as potential new stakeholders as a result of changes in the area subsequent to the 6 publication of the previous report. Also included in this task will be the development of 7 graphics,images, and resource information that will be used as part of a communications 8 program.A newsletter along with a project web site will be developed during later phases of 9 the work to assist in the communication of the project status,timeline,and issues. 10 CH2M HILL and City staff will meet individually and/or collectively with key agencies 11 and/or stakeholders as necessary throughout the process. Additional outreach effort will be 12 directed toward the downtown business core to ensure full engagement of the Hispanic 13 community and local businesses in the project.Individual meetings may be necessary to 14 discuss issues such as funding and financing,economic impacts,right-of-way impacts,and 15 other community related issues that may need one-on-one discussion in order to reach 16 resolution.The regulatory agencies may include representatives from the elected officials of 17 BNSF,WSDOT,and others as identified by the City. 18 Graphic displays and presentation materials are anticipated as required for content 19 discussions. Some of this material will be developed in earlier tasks and readily available for 20 these meetings.Project information and literature will be prepared in bilingual format when 21 appropriate.This scope assumes no more than ten(10) individual meetings attended by one 22 CH2M HILL staff. Meeting notes will be prepared summarizing the discussion,including a 23 listing of follow-up actions required. 24 Assumptions: 25 • No more than ten (10) individual meetings attended by one CH2M HILL project staff. 26 • If required,the City will provide a Public Works Department staff member fluent in 27 Spanish for translation. 28 Deliverables: 29 • Presentation materials and graphics as required for content discussions. 30 • Agendas,facilitation,meeting minutes, and summary notes for up to ten (10) 31 stakeholder meetings. 32 4.3 Public Involvement Plan 33 CH2M HILL will develop a Public Involvement Plan for the project consistent with the NEPA 34 process and procedures.The purpose of this plan is to identify areas of concern and various 35 community and general public needs for information about the project.The plan will outline 36 an approach,the necessary communication technology for responding to these concerns, and 37 the content to address the information needs of the public.Personal, one-on-one interviews 38 with up to ten (10) key stakeholders will be conducted in a later phase of work to garner 39 support for the project for potential funding support. Some of the stakeholders interviewed 40 will be representatives from community organizations and special interest organizations to 41 confirm varying perspectives are obtained and noted. VERSION 6--PRINTED 7/15/2008 C[Y OF PASCO-SOW DRAFT-PES-REV6.DOC 7 SCOPE OF WORK 1 CH2M HILL will prepare a draft plan for review by the City. Following the City's review, 2 comments will be incorporated and the final plan will be delivered to the City for 3 implementation. 4 Deliverables: 5 • Draft and final Public Involvement Plan. 6 • Contact Reports for up to ten (10)personal interviews. 7 Project Management 8 Project Administration 9 CH2M HILL's project manager will serve as the client service contact and will provide 10 coordination and leadership;keep parties informed;resolve potential project delays;and 11 manage scope,schedule,and budget issues throughout the Phase 1 project duration. 12 CH2M HILL will prepare,receive,and distribute project correspondence,meeting notes, 13 review comments,progress reports,and other information to team members. Project files 14 will be set up and maintained throughout the project duration. 15 CH2M HILL will prepare and execute subconsultant agreements and manage subconsultant 16 activity. 17 CH2M HILL will track the work through written work authorizations received from the 18 City.These authorizations will be stored as part of the project record, and acknowledged at 19 the time of receipt. CH2M HILL will prepare and submit invoices on a monthly basis. 20 Deliverables: 21 • Monthly invoices. 22 • Confirmation of work authorizations,either by written or electronic means. 23 Project Instructions 24 CH2M HILL will prepare written project instructions and outline processes,procedures, 25 and pertinent data,including a project schedule for review and approval by the City. The 26 project instructions will be updated as the project evolves. Included in the project 27 instructions will be a Health and Safety Plan covering CH2M HILL's personnel for services 28 performed under this contract. CH2M HILL is not responsible for the health and safety of 29 personnel who are not employees of CH2M HILL,or for personnel or areas not under 30 CH2M HILL's control. 31 Deliverables: 32 • Project Instructions,with updates. 33 Notice to Proceed/Coordination Meeting 34 Upon notice to proceed,CH2M HILL will facilitate a coordination meeting with the project 35 management team,key City staff,and representatives from key agencies deemed 36 appropriate by the City.Agencies could include WSDQT,FHWA,TIB, FMSIB, FEMA, 37 BFCG, the Port of Pasco,Ben Franklin Transit,and local land developers and businesses. VERSION 6-PRINTED 7/15/2008 City of Pasco-SOW Drafl_PES_Red.doc 9 SCOPE OF WORK 1 The coordination meeting will assist in defining the project goals and purpose, components 2 and timeframes,the flow of the decision making process;and each group's general roles and 3 responsibilities.Together,this group will establish agreements on communication,resolving 4 conflicts, and decision making strategy for approaching state and federal stakeholders. It is 5 assumed the coordination meeting will be approximately four(4)hours in length. 6 Assumptions: 7 • Coordination meeting will be approximately four(4)hours and be attended by up to 8 four (4) CH2M HILL project staff members. 9 • Coordination meeting will be held at City offices. 10 Deliverables: 11 • Meeting minutes,agendas,and summary notes. 12 Project Management Team (PMT) Meetings 13 A Project Management Team(PMT) consisting of the CH2M HILL Project Manager,select 14 City staff,and other key personnel of both staffs as appropriate and at the discretion of City, 15 will be formed.CH2M HILL will facilitate regularly scheduled monthly meetings of the 16 PMT. CH2M HILL will notify the City of these meetings via email with bullet point 17 discussion topics in the announcement. 18 The purpose of these meetings will be to discuss and resolve critical project issues,keep the 19 PMT informed and involved in the project development process,and develop action items 20 to facilitate project execution. Topics of discussion may include:scope,schedule, and budget 21 issues; construction cost trends;and concurrence on other issues of technical,political,or 22 community importance and/or interest that may affect project viability. 23 Assumptions: 24 • Up to eight(8)PMT meetings will be held over the course of Phase 1 of the project. 25 Other CH2M HILL staff not local to the area that are determined necessary for a 26 particular PMT meeting will attend via conference call. 27 Deliverables: 28 • Meeting minutes,agendas,and summary notes. 29 Budget 30 All work to be undertaken shall be expressly authorized by the City in writing prior to 31 commencement of the work. The estimated budget for this Scope of Services for the Phase 1 32 work is $225,000. This amount will not be exceeded without prior written authorization of 33 the City. The budget shall not be amended without mutual agreement of both parties. 34 For CH2M HILL staff that perform per diem services on this project,the hourly rate for 35 these staff shall be calculated based on a raw salary multiplier of 3.10. Further,the hourly 36 rates are subject to annual adjustment based on any cost of living increase with the adjusted 37 hourly rate based on a raw salary multiplier of 3.10. VERSION 6-PRINTED 7/15/2008 CITY OF PASCO-SOW DRAFTPES_REV6.DOC 9 SCOPE OF WORK 1 General Scope Items for Future Phases of Work 2 The work identified briefly below is to be initiated after the conclusion of the Phase 1 Scope 3 of Services.A separate scope and budget will be developed for each phase of work. The 4 work below is not included in this Scope of Services. 5 Phase 2: Preliminary Design—Update the transportation planning elements to be 6 consistent with the City's current adopted comprehensive plan and Benton-Franklin 7 Council of Governments 2006-2025 Regional Transportation Plan.This will include travel 8 demand forecasting and modeling,projections of 20-year traffic operations based upon 9 expected growth,land use changes,and planned transportation improvements. 10 Begin the formal NEPA and SEPA permitting processes which will serve to document the 11 project's purpose and need, assess the potential environmental impacts,and identify the 12 appropriate mitigation measures,where required,which will allow the use of federal funds. 13 The outcome of the NEPA screening process is assumed to result in the need for the 14 preparation of an Environmental Assessment(EA) document. 15 Complete the topographic surveying and geotechnical engineering tasks associated with 16 preliminary design;bridge TS&L Study;civil,roadway, and utilities design;value 17 engineering and constructability review; and the delineation of right-of-way takes. 18 Phase 3:Final Design—Complete the civil,roadway, and utilities design;6-month updates 19 to NEPA;right-of-way acquisition;and prepare construction documents ready for bidding. VERSION 6-PRINTED 7/1512008 Qty of Pasco-SOW Draft_PES_Re*doc 10 AGENDA REPORT NO. 19 FOR: City Council July 16, 2008 TO: Gary Crutchfi 4anager FROM: Robert J. Albe s, Public Works Director Regular Mtg.: 07/21/08 SUBJECT: Approval of WSDOT Local Agency Participating Agreement for Road 68 Improvements I. REFERENCE(S): 1. Local Agency Participating Agreement 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 7/21: MOTION: I move to approve the agreement with Washington State Department of Transportation (WSDOT) for design and construction of right turn pocket and slip lane at I-i 82/Road 68 in the amount of$212,484.30, and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Staff has been working with WSDOT since March 2006 for improvements at Road 68. In May 2007 staff requested a free right turn lane from north 1-182 north onto Road 68 and a slip lane going south on Road 68 onto the west bound 1-182 ramp. Staff received a cost estimate for this work in July 2007 in the amount of $80,000. This estimate was used in the 2008 budget process. Staff did anticipate some additional WSDOT cost increases and used $115,000 in the budget for the project. V. DISCUSSION: A) Staff has received a local agency participating agreement for the design and construction of a right turn pocket and slip lane on Road 68. The agreement is in the amount of $212,484.30, which includes contingencies. The actual construction cost estimate has increased from $80,000 to $141,470. Staff has asked for an explanation for the increase and that the explanation be provided prior to the Council meeting. Staff believes that time is of the essence if the proposed work is to be constructed in 2008. Therefore, staff believes the only option is to enter into the agreement with WSDOT. Staff therefore recommends approval of the local agency participating agreement and authorizes the Mayor to sign the agreement and requests $98,000 to be added to the supplemental budget. io(d) 'OTWashhWon State Department of Transportation Organization and Address Local Agency CITY ofPASCO RECEIVED Participating Bob Alberts, P.E. JUL 14 2008 Agreement 525 N Third Ave, 2nd floor Work by State - Actual Cost Pasco, WA 99301 D IN.; Section/Location Agreement Number 1-182, MP 9; Road 68 Interchange - North GCA 5843 State Route Number Control Section Number Description of Work 182 1111 Design and construct Right Turn Pocket and Slip Lane. Region South Central Region Attached: Exhibits A & B Advance Payment Amount 30,000 THIS AGREEMENT, made and entered into this _._ day of 20 , between the STATE OF WASHINGTON,Department of Transportation,acting by and through the Secretary of Transportation,(hereinafter the"STATE")and the above named organization,(hereinafter the"LOCAL AGENCY"). WHEREAS,the STATE is planning the construction or improvement of a section of the state route as shown above,and in connection therewith,the LOCAL AGENCY has requested that the STATE perform certain work as herein described,and/or is responsible for a portion of the work as provided for under WAC 468-18-040(5Xd),and WHEREAS, it is deemed to be in the best interest for the STATE to include the necessary items of work in the STATE's construction contract proposed for the improvement of this section of State Highway,and WHEREAS,the LOCAL AGENCY is obligated for the cost of work described herein. NOW THEREFORE,by virtue of RCW 47.28.140 and in consideration of the terms,conditions,covenants,and performances contained herein,or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: The LOCAL AGENCY agrees, upon satisfactory completion of GENERAL the work involved,to deliver a letter of acceptance to the STATE The STATE, as agent acting for and on behalf of the LOCAL which shall include a release and waiver of all future claims or AGENCY,agrees to perform the above"Description of Work". demands of any nature resulting from the performance of the work under this AGREEMENT. Plans,specifications and cost estimates shall be prepared by If a letter of acceptance is not received by the STATE within the STATE in accordance with the current State of Washington 90 days following completion of the work,the work will be Standard Specifications for Road,Bridge,and Municipal considered accepted by the LOCAL AGENCY and shall Construction,and amendments thereto,and adopted design release the STATE from all future claims and demands of any standards,unless otherwise noted.The STATE will incorporate nature resulting from the performance of the work under this the plans and specifications into the STATE's project and AGREEMENT. thereafter advertise the resulting project for bid and,assuming The LOCAL AGENCY may withhold this acceptance of work by bids are received and a contract is awarded,administer the submitting written notification to the STATE within the 90-day contract. period.This notification shall include the reasons for withholding The LOCAL AGENCY hereby approves the plans and the acceptance. specifications for the described work as shown on Exhibit"B", attached hereto and by this reference made a part of this II AGREEMENT. PAYMENT The LOCAL AGENCY may,if it desires,furnish an inspector on The LOCAL AGENCY, in consideration of the faithful the project. Any costs for such inspection will be bonne solely by performance of the worm to be done by the STATE,agrees to the LOCAL AGENCY.All contact between said inspector and reimburse the STATE for the actual direct and related indirect the STATE's contractor shall be through the STATE's cost of the work. representative. DOT Form 224-065 EF Revised 2142 An itemized estimate of cost for work to be performed by the The LOCAL AGENCY shall have five(5)working days from the STATE at the LOCAL AGENCY's expense is marked Exhibit"A", date of written notification to inform the STATE to delete the and is attached hereto and by this reference made a part of this work.Should the LOCAL AGENCY exercise its option to delete AGREEMENT. the work,the LOCAL AGENCY agrees, upon billing by the Partial payments shall be made by the LOCAL AGENCY,upon STATE,to reimburse the STATE for preliminary engineering request of the STATE,to cover costs incurred.These payments costs incurred by the STATE to include the work covered by this are not to be more frequent than one(1)per month. It is agreed AGREEMENT in the STATE's contract. that any such partial payment will not constitute agreement as to IV the appropriateness of any item and that,at the time of the final _VkF EXTRA WORK audit,all required adjustments will be made and reflected in a In the event unforeseen conditions require an increase in the final payment. cost of percent or more from that agreed to on Exhibit"A", The LOCAL AGENCY agrees to make payment for the work to this AGREEMENT will be modified by a supplement be done by the STATE within thirty(30)days from receipt of AGREEMENT covering said increase. billing from the STATE. In the event it is determined that any change from the description The LOCAL AGENCY agrees that if payment for the work is not of work contained in this AGREEMENT is required,approval made within ninety(90)days after receipt of billing the STATE must be secured from the LOCAL AGENCY prior to the may withhold any tax monies which the LOCAL AGENCY is beginning of such work_Where the change is substantial,written entitled to receive from the Motor Vehicle Fund until payment for approval must be secured. the work is received by the STATE. Reimbursement for increased work and/or a substantial change The LOCAL AGENCY agrees to pay the STATE the"Advance in the description of work shall be limited to costs covered by a Payment Amount"stated above within 20 days after the STATE written modification,change order or extra work order approved submits its first partial payment request to the LOCAL AGENCY. by the LOCAL AGENCY. The advance payment represents approximately fifteen(15) V percent of the estimate of cost and covers costs incurred by the RIGHT OF ENTRY STATE in the initial stages of the project.The advance payment The LOCAL AGENCY hereby grants and conveys to the STATE will be carried throughout the life of the project with final the right of entry upon all land which the LOCAL AGENCY has adjustment made in the final payment. interest,within or adjacent to the right of way of the highway,for III the purpose of constructing and if necessary,maintaining said DELETION OF WORK improvements. Upon completion of the work outlined herein,all future operation In the event the estimate of cost, EXHIBIT"A",is in excess of and maintenance of the LOCAL AGENCY's facilities shall be at $10,000 and the total actual bid prices for the work covered by the sole cost of the LOCAL AGENCY and without expense to the this AGREEMENT exceeds the estimate of costs by more than STATE. 15 percent,the LOCAL AGENCY shall have the option of VI directing the STATE to delete all or a portion of the work covered LEGAL RELATIONS by this AGREEMENT from the STATE's contract. Except,that No liability shall attach to the STATE or the LOCAL AGENCY by this provision shall be null and void if the LOCAL AGENCY's reason of entering into this AGREEMENT except as expressly portion of the work exceeds 20 percent of the actual total provided herein. contract bid price,or if the LOCAL AGENCY is responsible for the costs understate law or the Washington Administrative Code WAC 468-18-040(5)(d). IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By --- By _ Title Title Don Whitehouse, Region Administrator Date Date DOT Form 224-065 EF Revised 2102 AGREEMENT GCA 5843 EXHIBIT A - Estimate I-182: ROAD 68 I/C: RIGHT TURN POCKET AND SLIP LANE Design Engineering Cost Estimate Dated: JULY-08 No. I Activity I Days Time(Hr) Rate Total (Dollars) Hydraulic Summary 1 Engineer 4 32 $48 $1,536 2 Region Review 2 16 $52 $832 Survey 3 Party Chief 2 16 $48 $768 4 Instrument Person 2 16 $44 $704 3asic Documentatiot 5 Engineer 3 2 16 $52 $832 6 Engineer 2 2 16 $48 $768 7 Region Review 2 16 $52 $832 PS&E 8 Engineer 3 5 40 $52 $2,080 9 Engineer 2 15 120 $48 $5,760 10 Cadd Operator 15 120 $44 $5,280 11 Environmental Documentation $2,000 12 Utility&Agreements 2 16 $50 $800 13 Traffic Items 40 $52 $2,080 14 SCRegion P S&E Review $4,000 15 HO P 5&E Review $500 16 HO Print,Adv&Award $1,000 TOTAL PRELIMINARY ENGINEERING ESTIMATE $29,772 Agreement GCA 5843 Exhibit A-Estimate Page 1 of 3 AGREEMENT GCA 5843 EXHIBIT A - Estimate (continued) Preliminary-Construction Cost Estimate Dated : July-08 T . UNIT No. IQUANT.1 UNIT IFSFEDM#1 IT EM PRICE AMOUNT PREPARATION 1 L.S. 0001 MOBILIZATION $9,703.00 2 0.2 ACRE 0025 CLEARING AND GRUBBING $4,000.00 $800.00 3 L.S. 0215 REMOVAL OF MISCELLANEOUS TRAFFIC ITEM $100.00 GRADING 4 650 CY 0310 ROADWAY EXCAVATION INCL.HAUL $10.00 $6,500.00 5 80 CY 0470 EMBANKMENT COMPACTION $15.00 $1,200.00 SURFACING 6 750 TON 5100 CRUSHED SURFACING BASE COURSE $30.00 $22,500.00 LIQUID ASPHALT 7 EST. 5334 ANTI-STRIPPING ADDITIVE $440.00 HOT MIX ASPHALT 8 432 TON 5767 HMA CLASS 1/2 IN.PG 64-28 $80.00 $34,560.00 9 CALC. 5835 COMPACTION PRICE ADJUSTMENT $590.00 EROSION CONTROL AND PLANTING 10 15 DAY 6403 ESC LEAD $200.00 $3,000.00 11 0.2 ACRE 6422 SEEDING AND MULCHING $2,000.00 $400.00 TRAFFIC 12 1 EACH 7447 TRUCK MOUNTED IMPACT ATTENUATOR $1,500.00 $1,500.00 13 10 HOUR 7449 OPERATION OF TRUCK MOUNTED ATTENUATOR $75.00 $750.00 14 EST. 7450 REPAIR TRUCK MOUNTED IMPACT ATTENUATOR $1.00 15 10 EACH 6832 FLEXIBLE GUIDE POST $30.00 $300.00 16 3,706 L.F. 6806 PAINT LINE $0.30 $1,111.80 17 1,248 L.F. 6817 PAINTED WIDE LINE $0.40 $499.20 18 320 S.F. 6857 PLASTIC CROSSWALK LINE $4.00 $1,280.00 19 129 L.E. 6859 PLASTIC STOP LINE $4.00 $516.00 20 12 EACH 6833 PLASTIC TRAFFIC ARROW $105.00 $1,260.00 21 L.S. 6890 PERMANENT SIGNING L.S. $2,500.00 22 L.S. 6912 TRAFFIC SIGNAL SYSTEM L.S. $7,500.00 23 80 HR 6956 SEQUENTAL ARROW SIGN $6.00 $480.00 24 2 EACH 6994 PORTABLE CHANGEABLE MESSAGE SIGN $4,000.00 $8,000.00 25 60 HR 6995 OPERATION OF PORTABLE CHANGEABLE MESSAGE SIGN $3.00 $180.00 26 L.S. 6973 OTHER TEMPORARY TRAFFIC CONTROL L.S. $2,000.00 27 64 HR 6980 FLAGGERS AND SPOTTERS $40.00 $2,560.00 28 240 HR 6992 OTHER TRAFFIC CONTROL LABOR $40.00 $9,600.00 29 L.S. 6974 TRAFFIC CONTROL SUPERVISOR L.S. $5,700.00 Agreement GCA 5843 Exhibit A-Estimate Page 2 of 3 AGREEMENT GCA 5843 EXHIBIT A - Estimate (continued) Preliminary- Construction Cost Estimate Dated : July-08 JSTD* I UNIT No. I QUANT. UNIT ITEM ITEM PRICE AMOUNT 30 288 S.F. 6982 CONSTRUCTION SIGNS CLASS A $12.00 $3,456.00 OTHER ITEMS 31 EST. 7480 ROADSIDE CLEANUP $1,000.00 32 EST. 7725 REIMBERSE FOR THIRD PARTY DAMAGES $5.00 33 CALC 7728 MINOR CHANGES ($1.00) 34 L.S. 7736 SPCC PLAN $1,000.00 SUBTOTAL W/O MOBILIZATION $121,288.00 MOBILIZATION @ 8% $9,703.00 SUBTOTAL WITH MOBILIZATION $130,991.00 SALES TAX @ 8% $10,479.00 CONTRACT BID ESTIMATE $141,470.00 CONSTRUCTION ENGINEERING&ADMINISTRATION ESTIMATE @ 18% $25,465.00 CONTINGENCIES @ 4% $5,659.00 TOTAL CONSTRICTION COST ESTIMATE $172,594.00 kTAL AGREEMENT COST ESTIMATE (Preliminary and Constructioni $202,366.00 CONTRACT Contract Bid Threshold Amount BID EST+15°/. $162,690.50 (See "Deletion of Work"clause) If this threshold is exceeded, the Agreement must be Supplemented prior to Awarding the construction contract. AGREEMENT Agreement Total Threshold Amount TOTAL+s% 1$212,484.30 (See EXTRA WORK clause) If it is anticipated that this threshold will be exceeded, the Project Manager must initiate a Supplemental Agreement prior to incurring expenses above the Agreement Total Threshold Amount. Notes: The above Construction Engineering &Administration percentage is an estimate only. 1.) Actual costs incurred will be charged, not to exceed the the Agreement Total Threshold 2.) Administrative Overhead= Not Applicable, see Reciprocal Overhead Agreement OH00172. Agreement GCA 5843 Exhibit A-Estimate Page 3 of 3 AGREEMENT GCA 45843 EXHIBIT B - Plans and Specifications CITY OF PASCO I-182; Road 68 Interchange-North The work proposed under this Agreement contemplates the improvement of I-182; Road 68 Interchange by adding a right turn pocket and slip lane at the north side of the interchange Work to be performed by the State 1. Design and secure all approvals and documentation for the improvements. 2. Prepare all contract documents for advertisement of the PROJECT. 3. Advertise,Award, and Execute the contract for construction of the PROJECT. 4. Administer the construction of the PROJECT. 5. Provide all surveying, and inspection, for the PROJECT. 6. Prepare as-built plans and provide one reproducible set to the Local Agency. Work to be performed by the Local Agency 1. Review and approve PS&E prior to contract advertisement. 2. Review and approve/reject contract bids if they exceed the engineer's estimate by more than 15%. 3. Review and approve/disapprove any major changes to contract documents. Agreement GCA 5843 Exhibit B Sheet i of 3 Sheets 4. Reimburse the State for all direct and indirect costs, including contract payments to the contractor, associated with the PROJECT. 5. Provide notice of project acceptance or justification for non-acceptance after being notified of Physical Completion by the STATE. The LOCAL AGENCY and the STATE have identified the following individuals as project engineers: STATE PE LOCAL AGENCY PE Moe Davari, P.E. Bob Alberts, P.E. 1655 Fowler P.O. Box 293 Richland, WA 99350 Pasco, WA 99301 Phone: 509 222-2400 Phone: 509 545 3444 Agreement GCA 5843 Exhibit B Sheet 2 of 3 Sheets To9N , Ro29Eo W , M , M Construction Limit 4 SS{ sy {a Pavin Cons truction m ii � S y{ Limit 50` TAPER Limit APER, Pavin - / / L i m i t �A Q71 11 i-, r ` gyp'',, • ' \ , —R=75' Cp onstruction Limit AGREEMENT GCA 5843 EXHIBIT B - PLAN 1-182 ROAD 68 IIC NORTH Sheet 3 of 3 ROAD 68 IMPROVEMENTS ss � ��,�'a� �✓ VHF. - At )7;e INV ti _ �- ter. �e���; +',.aZ�'T k,- Y•' � � a } °y -• ` is �, } `...«.�,�,;� ,. •.` t.. .. .,..a,,,,�n,�, ._ �yf '° m .i-F,Y!�'.''' �'r� ��t dam. t Sr•"�r 2� ,'1 .� ��,/ .F�� ._/��