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HomeMy WebLinkAbout2013.03.11 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. March 11, 2013 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4, ITEMS FOR (a) Airport Terminal Expansion. (NO WRITTEN MATERIAL ON AGENDA) Presented by Jim Toomey, Executive Director, Port of Pasco. (b) Candidate Interviews: Downtown Pasco. Development Authority: 1. Agenda Report from Gary Crutchfield, City Manager dated March 6, 2013. 2. Applications (4) (Council packets only). (c) Pasco Municipal Code Title 3 Updates: 1. Agenda Report from Dunyele Mason, Finance Manager dated March 1, 2013. 2. Proposed Ordinance. (d) Professional Services Agreement —Design for Road 68 Improvements, Phase H: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated March 4, 2013. 2. Vicinity Map. 3. Professional Services Agreement with Scope of Work. (e) Professional Services Agreement — Survey for Road 68 Improvements, Phase II: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated March 4, 2013. 2. Vicinity Map. 3. Professional Services Agreement with Scope of Work. (f) Professional Services Agreement — Chapel Hill Boulevard: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated March 4, 2013. 2. Vicinity Map. 3. Professional Services Agreement with Scope of Work. (g) Standards for Delivery of Public Defender Services: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated February 19, 2013. 2. Proposed Resolution. (h) Pasco National Little League Lease: I. Agenda Report from Rick Terway, Administrative & Community Services Director dated February 19, 2013. 2. Proposed Little League Lease. (i) Professional Services Agreement: Historic Preservation Plan: 1. Agenda Report from Jeffrey Adams, Associate Planner dated March 7, 2013, 2. Professional Services Agreement for Historic Preservation Plan. 5, OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT Workshop Meeting 2 March 11, 2013 REMINDERS: 1. 12:00 p.m., Monday, March 11, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. (Chris Cargill of the Washington Policy Center will provide a Mid - Session Legislative Update.) 2. 2:00 p.m., Tuesday, March 12, BF Health Department — Continuum of Care Task Force Meeting. (COUNCILMEMBER AL YENNEY) 3. 7:00 a.m., Thursday, March 14 — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 4. 7:00 p.m., Thursday, March 14, Transit Facility — Ben - Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.) 5. 11:30 a.m., Friday, March 15 — Benton - Franklin Council of Governments Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) AGENDA REPORT TO: City Council FROM: Gary Crutchfie Manager SUBJECT: Downtown Pa co Development Authority Interviews I. II. III. IV. V REFERENCE(S): Applications (4) (Council packets only) March 6, 2013 Workshop Mtg.: 3/11/13 ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3111: Council to conduct brief interviews with Domingo Macias Jr., Michael Cacucciolo, Gracie Valle - Chimal and Ana Ruiz Peralta. FISCAL IMPACT: HISTORY AND FACTS BRIEF: A) City Council formed the Downtown Pasco Development Authority (DPDA) in December 2010 under Ordinance No. 3985, to initiate the creation of a new downtown revitalization organization. The DPDA undertakes and facilitates revitalization efforts in downtown Pasco and oversees the activities and efforts of the Authority's manager. B) The Authority is composed of nine members; terms are for four years (original appointments were staggered in two, three and four year terms). The Board is to be comprised of: five members shall be representative of for - profit business or property owners; two members shall be representative of the banking and/or real estate profession; two shall be representative of business or corporate management. The Authority meets on the third Thursday of each month at 4:00 p.m. C) There are two positions whose terms have expired: 1. Position No. 1 (currently Donald Porter) - term expiration date of 12/20/12 2. Position No. 2 (currently Wanda Buddrius) - term expiration date of 12/20/12 E) The Council screening committee concluded that the incumbents in Position Nos. 1 and 2 be reappointed without interview (interviewed when initially appointed in 2011). F) At the present time there are two vacancies on the Commission: 1. Position No. 3 - term expiration date of 12/20/13 2. Position No. 4 - term expiration date of 12/20/13 G) After review of all applications, the Council committee selected the following to interview for Position No. 3 (Banking or Real Estate Profession): 1. Domingo Macias Jr .................... ............................... 4403 Segovia Drive H) After review of all applications, the Council committee selected the following to interview for Position No. 4 (Business or Corporate Management): 1. Michael Cacucciolo ................ ............................... 9612 Percheron Drive 2. Gracie Valle- Chimal .................. ............................... 3702 Milagro Drive 3. Ana Ruiz Peralta .............................. ...........................4304 Laredo Drive DISCUSSION: A) After conduct of interviews at the March 11 workshop meeting, it is proposed that appropriate appointment(s) be made by the Mayor, subject to confirmation by the Council, at the March 18 business meeting. 4(b) AGENDA REPORT FOR: City Council n March 1 2013 TO: Gary Crutchfie Manager Workshop Mtg.: 3/11/13 Rick Ti e Admin & Community Services Regular Mtg.: 3/18/13 FROM: Dunyele Mason, Financial Services Manager Zt7'�� SUBJECT: Pasco Municipal Code Title 3 Updates I. REFERENCE(S): 1. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 3/11: Discussion 3/18: MOTION: I move to adopt Ordinance No. authorizing amendment of Pasco Municipal Code Title 3 relating to utility billing management and, further, authorize publication by summary only. II. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Budget Plan. The city currently provides a Budget Plan option for utility customers. The administration of the plan has been at staff's discretion and there are currently no written guidelines. On February 19, council passed an ordinance consolidating the utility billing management and customer responsibility rules into Title 3 Chapter 200. The attached ordinance would add the Budget Plan criteria, rules and responsibilities into the municipal code as well. B) Tenant & Owners. State law holds owners financially responsible for utility service delivered to the property. The law allows for, but doesn't require, utility accounts be created for tenants. However, once a tenant account is created, laws protect tenants from landlord behavior. For instance, water service to a tenant account cannot be stopped due to the failure of the landlord or former tenant to pay a past bill. Owners can protect themselves from undesired tenant behavior by the terms and conditions contained in their property rental contracts. For example, an owner can make it a contract tern that tenants are responsible for paying the utility bill; and if they fail to do so then that is cause to terminate the rental agreement (and require the tenant to vacate the property). Similarly, the property rental contract could specify failure to pay the utility bill before the delinquency date or if water service is discontinued for lack of payment as cause for termination of the rental contract. So owners have contract law to protect themselves from certain tenant behavior (and financial risk). The ordinance adds language to specifically state the conditions under which the city maintains the right to terminate utility service contracts as well as to deny applications for utility service. C) Public Health & Licensing. To preserve public health and safety, PMC Chapter 5.78.010 requires all rental dwelling units to be licensed and as a condition of maintaining a license PMC 5.78.020(4) requires water (including hot water) be provided to the premises. Violations for failing to provide water to a residential rental property are governed by PMC 5.78.030. 4(c) V. DISCUSSION: D) Contract termination means more than stopping water service. It also means ending the financial responsibility for the account. Thus, if a tenant stops paying for service and water is disconnected, usually the tenant will either come in and pay or leave the premises. In either case account collection is resolved. If the tenant leaves, the account is closed, tenant responsibility ends and owner responsibility resumes. If the tenant chooses to stay and live without water service, however, then the tenant is in violation of the contract and the city will terminate the contract by closing the tenant account (which also includes sewer, ambulance, stormwater charges) as well as leaving the water service off until the owner is notified. The city maintains the right to deny future applications for service from defaulted customers at the same location. Responsibility for future utility charges reverts back to the property owner and will be billed to the owner's account. Thus, the owner charges include only those charges created after closing the tenant account and would not include any tenant balances. E) When the tenant account is closed, the tenant deposit is applied. Any excess deposit is refunded to the tenant. If tenant account balances exceed the deposit then the remaining balance is sent to an outside collection agency for further action. Notification is sent to the owner that the tenant account is closed and the owner is now responsible for all future charges (whether the tenant moves out or remains). The decision as to how long the owner continues to rent to the tenant and if tenant payment of utilities is a term of the rental agreement (and therefore lack of payment a cause to terminate the rental agreement) are decisions over which the city has no control; they are under the control of the owner. F) With the opening of the owner account, water service is resumed. State law disallows owners to stop utilities to rental properties and city rental licensing code 5.78.020.(4) also requires water to be provided to a rental premises. Failure to provide water is a separate code violation each day water is not available (PMC 5.78.030). G) All Release of Lien agreements and Alternate Contract Agreements are cancelled and superseded by recent municipal code changes. The default action taken when a tenant moves out is to close the tenant account and open the owner account (new account fee does not apply) in full service. If the owner wishes to have something else happen, such as the water physically turned off or for the new owner account to be billed in a vacant status, then the owner would need to contact utility billing to make that request. H) Reminder. Deposits are no longer required on owner accounts and existing deposits will be applied to owner accounts. Therefore, if a tenant moves into a rental property, and the account is kept in the owner's name, the owner does not have any deposit protection through the city's utility billing system. Presumably the owner is either collecting his own utility deposit, is getting and paying the bill or is willing to take the risk that his tenants will pay the utility bill. If the owner does not want the account in his name then the city is willing to grant a tenant account subject to the two conditions: 1) tenant has no outstanding bills at other locations, and 2) tenant has no prior closed accounts at the current location. So if owners have been keeping accounts in their own name to avoid detection and conformity with the rental license provisions, they will now do so with much more financial risk than before. I) Staff recommends approval of the proposed Ordinance. ORDINANCE NO, AN ORDINANCE of the City of Pasco, Washington, adding and revising City procedures for utility billing with amendments to Title 3 "Revenue and Finance." WHEREAS, the City wishes to further clarify certain rights and responsibilities relating to the administration of utility billing and account management, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 3.200.030 entitled "Acceptance of Contract" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 3.200.030 CONTRACT ACCEPTANCE, DENIAL AND TERMINATION. rr�rr��D�r A) If utility service is provided as a result of an application being accepted, the application shall be considered a contract in which the applicant agrees to abide by such rates, rules and regulations as are in effect at the time of signing the application, or as may be adopted or modified thereafter by the City, and to pay all bills promptly. B) Payments received to the City for utility services shall be applied against outstanding utility charges in the following order: 1) Late fees. 2) Unpaid utility accounts commencing with application of the oldest balances due to the newest and most current charges. 3) Payments shall be applied to accounts sharing the same due date in the following order: a) Ambulance utility service fee. b) Stormwater utility fee. C) Irrigation d) Water C) Sewer C) An application for service and creation of a tenant account may be denied for all customer that has an outstanding balance on another City account unless the only amount outstanding is what would be created by pending final bill Application for service may be denied for a customer if the customer has another account that was previously closed at the same location. D) There shall be an on-going contract for utility service with the owner as long as the -property is owned except for any periods during which a tenant account exists It shall be the owner's responsibility to notify the City utility billing office of the owner authorized start date and termination date of tenant accounts. A tenant account will be closed when notification is received from either the tenant or the owner. Section 2. That Section 3.200.080 entitled "Delinquency" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 3.200.080 DELINQUENCY. A) All utility charges shall be due immediately upon billing and become delinquent if not paid in full twenty days after the date of billing. Late fees, penalty fees and collections fees are considered delinquent when assessed. B) Notice of delinquency shall be sent on the subsequent monthly bill informing the customer that a late pay penalty fee has been added and if payment for all delinquent charges is not received by the date, time and location listed on the notice additional fees will be incurred and water service may be stopped without further notice. A copy of the delinquent bill will also be sent to the owner for all delinquent tenant accounts. Delinquent charges for which payment has not been received by ten days past the subsequent monthly bill date shall be sent a phone notification to the customer's designated local phone number on file stating the date and time by which payment must be received in order to be excluded from the disconnect collection process. Delinquent charges for which payment has not been received by twelve days past the subsequent monthly bill date shall be subject to disconnection of water service until payment has been received for all delinquent charges unless the manager and the customer establish a written and signed payment arrangement to provide for payment of all charges billed and expected to be billed by the last payment date of the arrangement. Payment arrangements are not automatic and are to be based on a written policy established by the City Manager and administered by the manager. Failure to adhere to the written arrangement will result in additional fees as specified in Chapter 3.07 and disconnection of water service without further notice. If an account is processed through the disconnect collection process for two consecutive months or any three times within the last twelve months, the manager may require payment for all current as well as delinquent charges be received prior to reconnecting water service. C) A separate delinquent notice, in addition to the notice pursuant to paragraph (B) shall be delivered to the service location of multi - family properties at least seven days prior to scheduled disconnection of service to provide tenants the opportunity to contact the landlord or to arrange payment prior to the disconnection of service. D) In the event of a turn -off for non - payment of a delinquent account, the water shall remain turned off until the delinquency and all resulting charges are paid in full unless: The prepefty has 1 ele .-,.1eas;oA fire. responsibility f ,-..4:lit-y ,d..,..ges „t to Seetion , 1L.The manager and the customer establish a written and signed payment arrangement pursuant to the payment arrangement policy referred to in 3.200.080(B) above. Failure to adhere to the written arrangement will result in additional fees as specified in Chapter 3.07 and disconnection of water service without further notice•, or 2) The account is a tenant account with a city water service connection For such an account, if service to the property is not restored within two business days. then on the third business day notice of the city's intent to terminate the tenant account will be sent to the owner. If service is not restored by the eighth business day and no notification to close the tenant account for an earlier effective date has been received, then the City shall close the tenant account, the deposit applied and any remaining deposit will be refunded to the customer. If the deposit is not sufficient to cover outstanding balances then the remaining balance will be eligible for collection using an outside collection Title 3 "Revenue and Finance" Ordinance Page 2 agency and additional collection fees will be added to the customer amount owed An owner account will then be created water service restored to the property and the charges for full service from the start date of the new account will be billed to the owner account• or 3) The account is a tenant account without a city water service connection. For such an account, if full payment on the account is not received within two business days, then on the third business day notice of the city's intent to terminate the tenant account will be sent to the owner. If full payment on the account is not received by the eighth business day and no notification to close the tenant account for an earlier effective date has been received, then the City shall close the tenant account the deposit applied and any remaining deposit will be refunded to the customer. If the deposit is not sufficient to cover outstanding balances then the remaining balance will be eligible for collection using an outside collection agency and additional collection fees will be added to the customer amount owed. An owner account will then be created. for all applicable services to an occupied location and the related charges from the start date of the new account will be billed to the owner account. Section 3. That Section 3.200.030 entitled "Liability for Utility Charges" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 3.200.130 LIABILITY FOR UTILITY CHARGES. The customer for utility service shall be personally liable for all utility charges applicable to the property for which service is rendered from the time the service begins until the service to that customer is terminated or the account is closed. When a tenant account is closed and there is no new customer tenant account to start the same day, an owner account will be created the same day, applicable services will remain active, be billed to the owner account and the owner shall be the customer. Section 4. That Section 3.200.140(H) entitled "Mist. Utility Charges" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: read as follows: 3.200.140(H) There shall be a charge as set forth in Chapter 3.07 of this code to be known as "On -line Processing Assistance Fee' for payments made over the phone that utilize office personnel to process the transaction via the on -line or phone payment system and a charge known as "Phone No Assist Payment Fee" for payments made via the phone payment system that do not utilize office personnel Section 5. That Section 3.200.170 entitled "Budget Plan" of the Pasco Municipal Code, shall be and hereby is created to read as follows: 3.200.170 BUDGET customers to provide a program billing amount each month rather conditions listed in this section. average based on past events an, month period. PLAN. The Budget Plan is hereby authorized for eligible by which a customer is billed and pays a fixed, flat budget than the actual utility charges incurred subject to the terms and By definition the budget billing amount is an estimate and I is unlikely to exactly match the total actual charges in a 12 Title 3 "Revenue and Finance" Ordinance Page 3 A) Application and Qualification. Applications for the Budget Plan are to be made through the City utility billing office. A customer shall qualify for the Budget Plan if they meet the following criteria: 1. Their account has been in full service status for at least 12 consecutive months and has not incurred a late pay penalty. 2. Their monthly budget billing amount is paid in full each month before incurring a late pay penalty. 3. Their Budget Plan account is paid to zero at the time of the "carryover" calculation. B) Billing. The customer shall be sent a bill monthly showing how much is due for the monthly budget billing amount and how much the account is over /under paid based on actual charges and actual payments made on the account. This billing shall be considered sufficient notice and no separate notification of changes to the monthly budget billing amount is required. It shall be the customers' responsibility to monitor changes to the monthly budget billing amount and to adjust any amounts established on the city's AutoPay program or other automated payment bank paying systems. C) Calculation. The monthly budget billing amount is calculated by taking the total of the actual charges for the previous 12 months and dividing that total by 12 to establish the base monthly amount. The base monthly amount is adjusted by the carryover amount to establish the monthly budget amount. The "carryover" amount is the difference between all charges to the account through the calculation date less all payments through the calculation date divided by 12. Budget billing accounts will be re- calculated and the monthly budget billing amount adjusted each April and October. D) Removal from the Budget Plan. Accounts that no longer meet the eligibility criteria will be removed from the Budget Plan and be subject to all the terms and conditions of accounts not on the Budget Plan; which may also include payment of all delinquent charges. Accounts may also be removed from the Budget Plan upon customer request. Any accounts removed from the Budget Plan based on customer request will be ineligible to return to the Budget Plan for one year from the date of removal. The Finance Manager is authorized to re- enroll an account to the Budget Plan immediately if there has been only one late penalty and the customer has demonstrated to the Finance Manager sufficient actions have been taken (e.g. enrollment in Autopay) to guard against future late payments. E) Notifications. A customer that is removed from the budget plan will be notified in writing that the account has been removed from the Budget Plan and be advised of the delinquent amount owing on the account. The account will then follow the same collection processes used for accounts that are not enrolled in the Budget Plan. Section 6. This Ordinance shall take effect 5 days after passage and publication by law. Title 3 "Revenue and Finance" Ordinance Page 4 PASSED by the City Council of the City of Pasco at a regular meeting the 18th day of March, 2013. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Title 3 "Revenue and Finance" Ordinance Page 5 AGENDA REPORT NO. 12 FOR: City Counci March 4, 2013 TO: Gary Crutch y Manager FROM: Ahmad Qayo i, Public Works Directo Workshop Mtg.: 3/11/13 1ii111 Regular Mtg.: 3/18/13 SUBJECT: Professional Services Agreement — Design for Road 68 Improvements Phase II I. REFERENCE(S): 1. Vicinity Map 2. Professional Services Agreement with Scope of Work II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/11: Discussion 3/18: MOTION: I move to approve the Professional Services Agreement with HDJ Design Group authorizing Design Services with respect to Road 68 Improvements Phase II project in the amount of $128,957, and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: STP Funds - $72,120 Arterial Street Fund - $56,837 IV. HISTORY AND FACTS BRIEF: A) Road 68 Corridor is a significant corridor in the city. It serves the city's highest concentration of commerce. Approximately 48,000 to 50,000 cars travel daily through the intersection of Road 68 and Burden Blvd. B) In September 2012, the City Council adopted the Road 68 Corridor Study findings that identified safety and capacity constraints. The study identified a number of short term (0- 5 year) and long term (5 -20 year) improvements to address current and future transportation and safety needs. C) Staff used the findings and recommendations to apply for available grants. To date, the City has been awarded $748,550 in STP Funds and $500,000 in HSIP Safety Grants for design and construction. V. DISCUSSION: A) In December of 2012, Staff issued a Request for Proposal for the design of Road 68 (Sandifur to I -182 Interchange). B) On December 14, City received three proposals from three consultants. On January 17, 2013 Staff conducted interviews. The interview panel included representatives from WSDOT, Port of Pasco and City Staff. C) HDJ Design Group was selected to be most qualified to complete the design of this project by the interview panel. D) The project will include the following elements in the design. a. Addition of left turns on Burden Road b. Signal modifications to accommodate emergency vehicle detections c. Access management (channelization) to reduce accidents along the corridor d. A preliminary layout of two right turn lanes onto I -182 from southbound Road 68 to address capacity constraints. Staff will utilize the information to seek WSDOT and FHWA approval for the concepts. 4(d) 1� W U) Q i U) z W W 0 ry CL 2 00 (D Q Q 0 ry PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and HDJ Design Group hereinafter referred to as the "Consultant ". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide Design Services with respect to Road 68 Improvements, Phase II NORTH. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 11 Scone of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, l2rovide d, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a Lump Sum basis as set forth on the fee schedule found in the project proposal, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $128,957, without approval from the City. 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 by December 31, 2013. 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 caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non - performance of said work or service. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. 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. express written consent 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 - assignable. 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: HDJ Design Group 6115 Burden Boulevard, Suite E Pasco, WA 99301 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 CITY OF PASCO Gary Crutchfield, City Manager ATTEST Debbie Clark, City Clerk DAY OF _ 42013 CONSULTANT Greg Jellison, P.E., Principal APPROVED AS TO FORM Leland B. Kerr, City Attorney SCOPE OF WORK The City of Pasco, WA General Description: EXHIBIT A The City of Pasco plans to implement Access Management and Traffic Signal Improvements recommended in the Road 68 Corridor Study prepared by Kittelson and Associates, Inc. (KAI) in July 2012. These improvements include signal modifications and wireless signal interconnect at the Burden, Wrigley, and Sandifur intersections along Road 68 and the Burden Blvd. intersection with Convention Drive. Access management improvements including raised median treatments on Road 68 between Burden Blvd. and Sandifur Parkway, median and turn lane modifications at the Burden /Clemente intersection to prevent left turns, and other median modifications on Burden Blvd. to construct left turn lanes where there are currently landscaped medians with minimal openings for turning movements. This project is being funded by the City of Pasco, along with federal funds. Assumptions: The design will be based on the following assumptions: 1.) The stormwater for this project will be collected along the curb line with existing catch basins, and infiltrated or with new catch basins where geometric modifications require the removal of existing drainage structures. Infiltration rates for the design will be provided by the City. HDJ will perform hydraulic calculations for the system and prepare a stormwater design memo for the City of Pasco. The City will be responsible for filing the injection well information with the DOE. 2.) Traffic signal modification plans and wireless interconnect plans will be prepared by KAI and roadway design, signing and striping, and illumination plans will be prepared by HDJ. 3.) No right of way or easement acquisition will be required for this project. 4.) The roadway design will not include the design of any underground mains such as water, sanitary, and irrigation, and will not include any modifications to existing utility facilities except for minor vertical adjustments necessary at the pavement surface. 5.) Submittals will be made to the City of Pasco for review, comment, and distribution along with submittal to WSDOT and FHWA as necessary to meet federal funding requirements and coordination with Local Programs staff at WSDOT. 6.) These plans will not need Class A construction signage plans. It is assumed that the contractor will prepare traffic control plans (Class B construction signage). 7.) No profiles will be required for the street design. All improvements will be designed in plan view with Top of Curb (TC) and Finished Grade (FG) data. 8.) The City of Pasco will be responsible for preparing and compiling the bid package, including the specifications. HDJ and KAI will provide special provisions for non - standard bid items. City of Pasco, WA March 1, 2013 Road 68 North - Corridor Improvement Project Page 1 of 7 A. Initiation, Coordination, and Meetinas This item includes the assumed coordination and meetings necessary to successfully complete all three sections of the project, and will not be broken out separately in the budget. 1.) HDJ design team coordination and internal meetings. 2.) Attend a project kick -off meeting with the City and the design team. Meet with City staff after the review of the 50% Preliminary layout, 90% plan submittals and the Final plan submittals. (Assumed 3 meetings 2 hours in length, meetings will be held at HDTs Pasco office with any Vancouver /Portland HDJ or KAI staff conferenced in). 3.) Provide technical support and graphics at up to two Public Meetings /Open Houses. Assumes one person in attendance for 3 hours each meeting and up to 3 graphics, including exhibit showing new medians, turn lanes, and access modifications. 4.) Import and export AutoCAD drawings as needed with the City of Pasco. B. Survey The survey for this project was completed under a separate contract. Any additional survey needs will be handled under a separate contract. Legal descriptions and right of way take exhibits could be added under the separate survey contract. 1.) Import survey information into the base drawing and create an existing surface model. C. Environmental Permittina Task 1 - Data Collection Widener with assistance from the City will collect available documentation concerning the project activities and pertinent biological information. Biological information will include priority habitat and species data from the Washington State Department of Fish and Wildlife along with rare plant and high- quality ecosystem data from WDNR. The above data along with past permit actions in the project area will provide a basis for conducting an onsite habitat survey of the project. All habitat areas will be mapped and documented in the project base map. This work will also include a review of the DOE Hazmat Web site. Task 2 — Section 106 Compliance (Cultural and Historic Resources) This work would include the preparation of the Section 106 APE in accordance with the State Historic Preservation Office standards and federal guidelines. The work will include the following subtasks. 1. Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the existence of archaeological sites and to refine the probability of archaeological resources and traditional cultural places in the project areas. 2. Prepare an area of potential effect for the project area and coordinate this APE with W SDOT to determine if the project is exempt for preparation of a formal Section 106 report. Deliverables 1. Area of Potential Effect Maps 2. Section 106 exemptions. City of Pasco, WA March 1, 2013 Road 68 North - Corridor Improvement Project Page 2 of 7 Task 3 — Compliance Documentation Endangered Species Act. A BA No Effect analysis will be prepared in accordance with WSDOT guidelines. The following subtasks will be undertaken in preparation of the form. 1. Coordination with the City to address potential project impacts to sensitive species, applicable requirements of the Endangered Species Act (ESA). 2. Initiate informal consultation with United States Fish and Wildlife Service (USFWS) and National Oceanographic and Atmospheric Administration (NOAA) Fisheries obtaining lists of endangered, threatened, proposed, and candidate species. 3. Conduct a field reconnaissance to investigate on -site habitat conditions. 4. Make telephone contact with the appropriate resource agency staff for input on species occurrence, habitat use, and potential project impacts. 5. Prepare documentation required for compliance no effect determination to be included in the ECS. Task 4 — ECS Services will be provided to prepare the Environmental Classification Summary (ECS) form by reviewing technical reports related to the project, applying project - specific data to the form and coordinating approval for the project by both WSDOT and FHWA. Deliverables 1. Electronic of the draft ECS will be provided. 2. One copies of the final ECS documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. D. 50% Plans HDJ will prepare preliminary 50% Plans and Estimates for the project, and present it to the City for review and comment. 1.) Prepare preliminary plan layout. Preliminary grading will be included along with horizontal geometry, preliminary stormwater layout, illumination design, and signal design. (See Traffic Signal Design Scope in Section G Below) Preliminary layout will include access management improvements as defined in the Road 68 Corridor Study. These access management improvements include raised median treatments, landscaped median, and raised driveway islands along Road 68 between Burden Blvd and Sandifur Parkway (Approximately 2800 Ft.). The layout will also include median modifications to accommodate new left turns and modified left turns along Burden Blvd. between Road 68 and Road 60 (Approximately 4000 Ft.). 2.) Prepare conceptual plan for future right turn lane (EB to SB) at Burden /Clemente Drive to determine future impact and make sure that current design will accommodate future right City of Pasco, WA March 1, 2013 Road 68 North - Corridor Improvement Project Page 3 of 7 turn lane. 3.) Prepare conceptual plan for future double right turn lane (SB to WB) on Road 68 at the westbound on -ramp to 1 -182. 4.) Prepare preliminary striping for right turn lane WB to NB at Burden /Road 68 intersection to confirm that the lane will fit within the existing paved width and prepare exhibit. Modifications to the curb return geometry and signal pole location will require extra work and a supplement. 5.) Prepare design exhibits. Exhibits will include double stacked preliminary geometric plan sheets at 20 scale on 22x34 paper. (Assumed 9 sheets (800 ft/sheet). 6.) Prepare 50% quantity takeoffs and engineer's estimate. E. 90 % Roadway Design This item includes all work necessary to bring the design to a 90% plan stage. 1.) 90% Design Phase Plan Set shall include: a) Cover Sheet. (Assumed 1 sheet) b) General notes and legend. (Assumed 1 sheet) c) Site Prep, Grading, and Erosion Control Plans at 20 scale double stacked. (Assumed 9 sheets) d) Typical Sections. (Assumed 1 sheet) e) Double stacked plan sheets including drainage conveyance at 20 scale. (Assumed 9 sheets) f) Signing and Striping at 20 scale double stacked. (Assumed 9 sheets) g) Miscellaneous Details. (Assumed 1 sheet) h) City of Pasco Standard Detail sheets. (Assumed 6 sheets) i) Irrigation system modifications where impacted by median revisions (Assumed 2 sheets) Additional items of work included in the 90% Plan Submittal are as follows: 2.) Prepare special provisions for non - standard bid items. 3.) Perform stormwater analysis, and prepare stormwater memo. 4.) Compute quantities and prepare an Engineer's Estimate of construction. 5.) Submit stormwater memo, 90% plan set, specifications, and cost estimate for review. (Submittal will be electronic in Adobe PDF format at 22x34 sheet size) F. Final Contract Plans and Specifications This item covers all work to address comments on the 90% plans and bring the plan set to Final Plans ready for bid. 1.) Revise plans, special provisions, and engineers estimate (PS &E) per City comments. 2.) Revise stormwater memo per City comments. 3.) Submit 99% PS &E for final review and make corrections or address comments as required. (Submittal will be electronic in Adobe PDF format) 4.) Submit Final electronic stormwater memo (PDF format), plans (AutoCAD 2006 & PDF format), specs (Microsoft Word format), and estimate (Microsoft Excel format). Submit paper copies of Final signed plans for City use. (Full size paper 22 "x34" (6 set), and half size paper 11 "x17" (1 set). City of Pasco, WA March 1, 2013 Road 68 North - Corridor Improvement Project Page 4 of 7 G. Traffic Sianal Plans KAI will prepare all traffic signal plans in accordance with the City of Pasco's latest standards and specifications. Three agency review periods are assumed: One at the preliminary design stage (50 %), one at the 90% stage and the last review at final plans. 1.) Receive a copy of any available traffic signal as -built drawings from the City. 2.) Conduct a site visit during the trip for the kick -off meeting to inventory the existing conditions and verify the survey. 3.) Develop up to 14 traffic signal modification plan and detail sheets for the Road 68 /Sandifur, Road 68 /Burden, Road 68 /Wrigley, and Burden/Convention intersections, including fire preeemption. 4.) Develop up to one (1) wireless interconnect plan sheet connecting the existing signals along Road 68 and Burden within the study area. 5.) Coordinate with the City of Pasco for the signal operations and timing; this scope does not include the development of signal timing plans. 6.) Develop technical specifications for final bid documents. 7.) Develop a detailed construction cost estimate for final bid documents. H. Project Tracking and Reporting This item covers all work to prepare and update the monthly billing report. HDJ will maintain a basic project schedule consisting of key milestones, and will send monthly updates during the design phase of the project so City staff remains informed about the status of the project. Any questions regarding project status can be addressed over the phone with City staff. I. Bidding Assistance and Potential Construction Support. Management and Inspection This item covers the work to provide Bidding Support, Construction Support, Management and Inspection for the project. The scope of work assumed below is based on the information currently available. Only task 7 is included with the current budget. Tasks 2 through 6 may be added by supplement after final plans are completed and the City knows what their work load is and the level of support they will need. 1.) HDJ Design Group, PLLC will assist the City of Pasco through the bidding process by addressing design questions. (Assume 10 hours) 2.) Attend the Pre - Construction Conference. 3.) Construction Support: a) Addressing construction questions. b) Preparing construction exhibits. 4.) Construction Management: a) Addressing RFI's and Reviewing Submittals. b) Preparing RFP's. c) Construction coordination. 5.) Construction Inspection. 6.) Asbuilt Survey and Drawings. City of Pasco, WA March 1, 2013 Road 68 North - Corridor Improvement Project Page 5 of 7 J. Reimbursable Expenses This work includes non - salary costs associated with printing, mileage, copies, exhibit preparation, etc. Invoices will be submitted with billings for any items covered under reimbursable expenses. Specific items that will be provided under reimbursable expenses include: 1.) Copies: Expenses for submittal copies as described above. 2.) Travel: Mileage for driving to meetings and site visits, billed at the 2013 federal rate of $0.565 /mile. 1) Delivery: Expenses for courier, package delivery, and mail services. K. Extra Work This work includes any item not covered in the above scope of work or specifically excluded in 'Task U below. No costs have been included for extra work on the cost estimate. L. Specific Exclusions The following items of work are specifically excluded from the scope of this agreement: 1.) Public Involvement coordination, including open houses logistics and scheduling, direct mailings, and newsletters. (Technical assistance and graphics will be provided as defined above) 2.) Construction materials testing. 3.) Property acquisition and negotiations. 4.) Negotiation of utility easements. 5.) Geotechnical Engineering, Mechanical Engineering, Structural Engineering, Electrical Engineering, Planning, Surveying, and Landscape Architecture consultation and services. 6.) Traffic volume analysis, reports, or recommendations. 7.) Payments of any plan review, application, or permit fees. 8.) The preparation of any permits or other environmental related items not listed in Section C above. 9.) Design of retaining walls. 10.) Design of construction plans or relocation plans for any dry utilities such as electric, gas, cable, phone, etc. 11.) Design of water or sanitary sewer mains. 12.) Environmental permitting not covered in consultant tasks listed above (SEPA, NPDES Permit, DOE Injection Well Registration, etc). 13.) Design changes during construction or change order writing. 14.) Any plan revisions not identified under item D or E. 15.) Class A Signage plans, and Traffic control plans. 16.) It is assumed that this project will be designed in 2013, and go to construction in Fall 2013. Placing the project on hold for more than a 3 month period and continuing the design process into fall of 2013 or later is excluded from this scope of work. (In order to continue work on the project after a 3 or more month hold, HDJ and the City of Pasco must agree on an appropriate fee to offset any extra costs experienced by HDJ due to placing the project on hold.) 17.) Preparing or compiling the specifications and bid package. City of Pasco, WA March t, 2013 Road 68 North - Corridor Improvement Project Page 6 of 7 18.) Construction Staking. 19.) Construction management and inspection. L. City Responsibilities The City of Pasco will provide the following items and / or services: 1.) Consultant identified pertinent and reasonable City maps of the project and other currently available maps, including aerial photos, assessor maps and standard details. 2.) City direction regarding decisions related to design standards and design related issues. 3.) Material testing. 4.) Environmental permitting not covered in consultant tasks listed above (SEPA, NPDES Permit, DOE Injection Well Registration, etc). 5.) Obtaining any necessary construction permits. 6.) Pay any fees associated with this project (application fees, plan review fees, permit fees etc.). 7.) Arrange for safe access to and make all provisions for HDJ to enter upon public and private property as required for HDJ to perform services included in this scope of work. 8.) Provide any necessary coordination with utility companies affected by this project. 9.) Acquire any RoW necessary to construct the project. City of Pasco, WA March 1, 2013 Road 68 North - Corridor hnprovement Project Page 7 of 7 i 111111111111111H ye MAN Ill iffilidillilifill 11112 SIN Ali i NEI R. a no RI so W1110 AGENDA REPORT NO, 11 FOR: City Council March 4, 2013 TO: Gary Crutchfi Manager FROM: Abroad Qayoumi, Public Works DirectmC orkshop Mtg.: 3/11/13 op Regular Mtg.: 3/18/13 SUBJECT: Professional Services Agreement — Survey for Road 68 Improvements Phase II I. REFERENCE(S): 1. Vicinity Map 2. Professional Services Agreement with Scope of Work II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/11: Discussion 3/18: MOTION: I move to approve the Professional Services Agreement with HDJ Design Group authorizing Survey and Topography Services with respect to Road 68 Improvements, Phase 2 project in the amount of $16,625, and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: STP Funds - $14,380 Arterial Street Fund - $2,245 IV. HISTORY AND FACTS BRIEF: A) Road 68 Corridor is a significant corridor in the city. It provides access to the city's highest concentration of commercial district. Approximately 48,000 to 50,000 cars travel through the intersection of Road 68 and Burden Blvd. B) In September 2012, the City Council adopted the Road 68 Corridor Study findings that identified safety and capacity constraints. The study identified a number of short term (0- 5 year) and long term (5 -20 year) improvements to address current and future transportation and safety needs. C) Staff used the findings and recommendations to apply for available grants. To date, the City has been awarded $748,550 in STP Funds and $500,000 in HSIP Safety Grants for design and construction. V. DISCUSSION: A) In effort to keep the costs low, Staff bid the survey portion of this project separately. B) City received 4 responses and HDJ Design Group was the lowest and responsive bid. C) The survey will include all of the elements needed to complete the design. D) The survey will also include an aerial photo for the corridor. 4(e) 1' W U) Q U) z W 2 W 0 00 (D f .or • slid PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City ", and HDJ Design Group hereinafter referred to as the "Consultant ". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide preliminary Survey and Topography with respect to Road 68 Improvements, Phase II NORTH. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 11 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. 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 Lump Sum basis as set forth on the fee schedule found in the project proposal, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $16,625, without approval from the City. 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 by April 15, 2013. 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 caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non - performance of said work or service. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. 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. advance of the effective date of said termination. consent of the 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 - assignable. 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: HDJ Design Group 6115 Burden Boulevard, Suite E Pasco, WA 99301 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 CITY OF PASCO Gary Crutchfield, City Manager ATTEST Debbie Clark, City Clerk DAY OF 2013 CONSULTANT Greg Jellison, P.E., Principal APPROVED AS TO FORM Leland B. Kerr, City Attorney EXHIBIT A 0ES1GN GRP engineers 'I landscapearchitects l planners j surveyors Client: City of Pasco Location: Road 68, & Burden Road Topographic Survey City of Pasco, Franklin County, WA Added the cost for the additional 500' of aerial photo's coverage and brought the cost up to 2013 rates HDJ Design Group, PLLC Peter Kowatsch, PLS 6115 Burden Blvd, Suite E Pasco, WA 99301 509 - 547 -5119 Revised 3/01/2013 Task: Existing Conditions Topographic Survey RD 68 From I -182 to Sandifur Research Deeds & easements Adjacent surveys & plats Lay down aerial pre marks Set the premarks as shown on the DeGross provided map Establish horizontial and vertical control for the points Aerial Topographic Survey Provide DeGross aerial mapping the control for the base map Include the right of way width for the corridor and show the different ownership along the corridor Coordinate with with staff TOTAL $8,875.00 additional 500' aerial photgraphy $500.00 $9,375.00 Task: Existing Conditions Topographic Survey Burden Blvd from RD 68 to RD 60 Research Deeds & easements Adjacent surveys & plats Lay down aerial pre marks Set the premarks as shown on the DeGross provided map Establish horizontial and vertical control for the points Aerial Topographic Survey Provide DeGross aerial mapping the control for the base map Include the right of way width for the corridor and show the different ownership along the corridor Coordinate with with staff TOTAL $6,750.00 additional 500' aerial photgraphy $500.00 $7,250.00 GRAND TOTAL $169625 AGENDA REPORT NO. 10 FOR: City Council March 4, 2013 TO: Gary Crutchfie Manager FROM: Ahmad Qayou ', Public Works Director Workshop Mtg.: 3/11/13 1111 Regular Mtg.: 3/18/13 SUBJECT: Professional Services Agreement — Chapel Hill Boulevard I. REFERENCE(S): 1. Vicinity Map 2. Professional Services Agreement with Scope of Work II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/11: Discussion 3118: MOTION: I move to approve the Professional Services Agreement with Trantech authorizing professional services with respect to Chapel Hill Boulevard project in the amount of $17,982, and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Arterial Street Fund - $17,982 IV. HISTORY AND FACTS BRIEF: A) As a minor arterial, Chapel Hill Boulevard has been providing vital access to principal arterials such as Road 68 and Road 100. B) The area has grown and the need for an extension from Road 68 to Road 84 has increased. The proposed extension would go through the current DNR property. The City has been in discussion with DNR regarding future planning of the property. C) The Road 68 Corridor Study identified the connection of Chapel Hill to Road 68 as a way to meet current and future traffic and capacity needs for future growth demands. D) The Road 68 Corridor Study also identified Road 76 as another necessary connection. V. DISCUSSION: A) In order to continue discussion with DNR, it is vital that the City complete the alignment of Chapel Hill and Road 76. B) There are many advantages to complete the alignment of the two corridors. They will enable the City to identify major and minor locations for intersection and access points. C) On December 14 City received 5 responses to a Request for Proposal to complete a preliminary layout of Road 76 (Argent to Burden) and Chapel Hill (Road 68 to Road 84). D) On January 17 selection committee with representatives from WSDOT, Port of Pasco and the City selected Trantech to be the most qualified to complete the project. 4(f) i H w w ry H U) z O U) z w X w .J J 2 J w a. Q 2 U PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Trantech Engineering hereinafter referred to as the "Consultant ". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide Design Services with respect to Chapel Hill Boulevard. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 11 Scone of work The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, 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 Lump Sum basis as set forth on the fee schedule found in the project proposal, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $17,982, without approval from the City. 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 by June 30, 2013. 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 caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non - performance of said work or service. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. 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 parry may terminate this Agreement for any reason upon giving the other parry 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 - assignable. 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: Trantech Engineering 12011 NE First St., Suite 305 Bellevue, WA 98005 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 92013 CITY OF PASCO CONSULTANT Gary Crutchfield, City Manager Nick Afzali ATTEST Debbie Clark, City Clerk APPROVED AS TO FORM Leland B. Kerr, City Attorney lu W I J V, J Lli lh"' 1 .— Z! Qj L G W C O .y C w K IOU t0 n O w m d C � i d � U o m Q d � � d Q L J a+ %000 C O 'c s >% C w U a 0 F U � N N U c m c U F � N N � C W d � D7 y A G C �� A L p W d d C IL` c W d � m C V � C � W co d Q O a� o co O C 0. R ad _ C3 � U � O N °o y W N N N O) o O C r h cwi v u� N rnm M ininV D � O 00 N � V 00 O N M b O M F» N °o y W LL o C O v u� N rnm M ininV D O a O m LY d O1 N J C O O o O O U u d a� O N N N N N OD (V M vbj N e E C L O F � b M c N .H C V3 1 N b W D d D C C j N d W b O W o c N N � ODW U a N L W M m N R p b � C J A � O d N d D d C 2 t d1 E m m o u y O � M N rn m co N °? N CL O p .x � ) o �0- 0 1p n O N QI N N N � 00 N � V 00 O N M b O M F» X N w p W LL C O N A D O a O m LY d O1 N C O O C U u d a� F c c 0 a 1000 C L O F u c N .H C Q 1 y c7 W D d D C C j N d O W o c m 0 U L W M m N p b C J A � O N d D d C 2 d1 E m m o u y N M 7 N CL p .x � ) o �0- X w p W LL C O D O a LY d O1 m a� F Y ? p 1000 O L N F u c o 1 y c7 EXHIBIT A SCOPE OF WORK FOR CITY OF PASCO WASHINGTON Chapel Hill Blvd and Road 76 Extensions, Planning (5 -10 %) Design Level Horizontal and Vertical Alignments including Road 76 Overpass at 1 -182 BACKGROUND Chapel Hill Boulevard and Road 76 Extensions The City of Pasco's (City) objective is to build a new east -west arterial within a large piece of land currently owned by the Department of Natural Resources, bounded by Road 86 to the east, Road 84 to the west, W. Argent Street to the south and Interstate 182 /Burden Blvd. to the north. This land is adjacent to the area for the recently completed Road 68 Corridor Study. In addition, the City's goal is to build a north -south arterial within the same area. A majority of the land is vacant except for some residential units located in the southeast and southwest corners of the property. A high school is also located in the southwest corner. The current zoning of the area is Low - density Residential, Mixed Residential, and Commercial according to the City's adopted comprehensive plan. The City currently is working with a consultant to examine various zoning scenarios to adopt a sub -area plan in the near future. The east -west and the north -south arterials would serve the future development of this land, as well as ease traffic on the parallel east -west and north -south arterials. The following are the primary objectives of the project: 1. Construction of Road 76 will require grade separation at 1 -182. 2. Road 76 should be a three lane facility with curbs, gutters, sidewalks, bike lanes, and landscaping on both sides. This new Road 76 would be from the stop - controlled intersection of Burden Blvd and Road 76 to the T- intersection of W. Argent Street and Road 76. It will be just over a mile in length. 3. A new five -lane roadway facility for Chapel Hill Blvd with curbs, gutters, sidewalks, bike lanes, and landscaping on both sides (within a 100 or 105 feet right of way for Chapel Hill Blvd) from signalized intersection of Road 68 at Chapel Hill Blvd, to the junction of North Road 84, and Chapel Hill Blvd to the west of the area. This new roadway will be just over a mile in length. The current intersection of Chapel Hill Blvd and Road 68 has a relatively new traffic light. This traffic light was designed and constructed to accommodate the future five - lane facility of Chapel Hill Blvd to the west. 4. Where the future /extended Chapel Hill Blvd and Road 76 intersect each other (five -lane roadway intersecting a three -lane roadway), a traffic control device will be needed to manage the movement at this new intersection, improve the traffic flow, as well as prevent accidents. 5. The bridge construction for the freeway overpass appears to be a standard concrete overpass with concrete abutments and an intermediate concrete pier. The City has tasked TranTech Engineering to develop the scope for a Planning (5 -10 %) Design Level for Road 76 from Burden Blvd to Argent Road and Chapel Hill Blvd from Road 68 to Road 84, including access management for Chapel Hill Blvd. The design will recommend access locations such as full access, right -in /right -outs, and left -in /right -in right -out based on the forecast turning traffic movements provided by the City of Pasco. The aforementioned scope is subdivided in 5 tasks that are decribed in further details below. TASK 1: PROJECT MANAGEMENT AND MEETINGS This task includes administration of the contract between the Consultant and City of Pasco, attending meetings, preparation of bi- weekly progress reports, and quality control necessary for the submittals. This task includes all administrative and professional services needed to coordinate with the subconsultants and to complete the project on time and within budget. TranTech team will attend the project kick -off meeting with the City of Pasco staff to confirm design assumptions and walk the corridor. The TranTech team in coordination with the City staff will verify that survey data matches field conditions. Participate in up to two (2) project - related conference call meetings with City staff. TranTech team will attend the stakeholder's meeting at the City's request to provide technical support. The City staff will provide the logistics for the open house /public meetings and up to two open house meetings. In effort to keep the cost of the design low, the City staff will meet at consultant's office TranTech will submit to the City all of the deliverables in the followingformats: • All drawings will be provided in 2010 Auto CAD Civil 3D. • All text files will be provided in2010 Microsoft WORD and PDF files. • All spreadsheets will be provided in2010 Microsoft Excel and PDF files. The categorized activities associated with this task are: A. Project Meetings: Participate up to two (2) face -to -face meetings with the City and Design Team B. Progress Reports: Bi- weekly progress reports will contain a narrative that identifies and describes significant activities performed in theprevious weeks and the significant planned activities for the upcoming weeks; C. Team Management: Prepare sub - consultant agreements, coordinate, budget and review the project progress and submittals. 1. Schedule and coordinate with team. 2. Prepare project work plan. 3. Prepare, monitor, and update project schedule. 4. Prepare monthly billings, progress reports, and updated monthly project schedule. 5. Maintain regular contact with the City via meetings, telephone discussions, and electronic mail. 6. Obtain, with assistance from the City, rights of entry necessary for surveys, geotechnical studies, and environmental site review and analysis. Deliverables: • Bi- weekly Progress Reports • Monthly Invoicing TASK2: DATA GATHERING AND EXISTING CONDITIONS: TranTech team will work closely with the City staff to obtain all the necessary data that will be needed to develop the 5 -10% plans. These could include the City's utility data; City, County and WSDOT base maps; as well as the most recent information developed by the City's consultant on the subarea plan for DNR properties. Due to the City's guidance, the channelization for the intersections at Chapel Hill Blvd and Road 76 as well as Chapel Hill Blvd and Road 84 will not be part of this scope. The City's base map should include the following: • CAD files for the I intersectionsat Road 68 and Road 84 as well as Road 76 at Burden Blvd. • Freeway As -built information • USGS data for DNR property • Land use and development concepts for DNR property Deliverables: • A Technical Memo summarizing the results the existing conditions analysis will be prepared and provided as a draft for City review. Upon receipt of consolidated comments, TranTech team will provide a final Technical Memo describing existing conditions. TASK 3: ROAD 76 EXTENSION AND OVERCROSSING AT 1 -182 The Road 68 Corridor Study recommended a new grade separation at 1 -182 on the Road 76 alignment. This Planning Level Design activities would examine a new overcrossing at 1 -182. In particular, the design for Road 76 should consider the impact on the alignment of Chapel Hill Blvd given that the Road 76 /Chapel Hill Blvd intersection is assumed to be "at grade ".therefore, Road 76 would need to "daylight" at a distance north of the Chapel Hill Boulevard intersection that would provide a reasonable grade for Road 76. A preliminary engineering analysis will be conducted by the Trantech's team to provide the preliminary horizontal and vertical alignment for the proposed Road 76 overcrossing at 1 -182. Using the base map data provided by the City, a preliminary layout of the overcrossing will be prepared in consultation with WSDOT and the City staff. Due to the City's guidance, the channelization for the intersections at Burden Blvd Road 76 as well as W. Argent Street and Road 76, and Chapel Hill Blvd at Road 76 will not be part of this scope. Deliverables: • Plans showing the horizontal and vertical alignment for the Road 76 as well as overcrossing of 1 -182 and associated cost estimates • Plans showing Planning Level concepts for roadway cross - sections for Road 76 and the freeway overpass. TASK 4: CHAPEL HILL BLVD ALIGNMENT The plan will consider one horizontal and vertical alignment alternative for Chapel Hill Blvd. The City is currently working with consultants to complete a zoning subarea study for the area owned by DNR. This alignment, similar to the concept plan developed for Argent Road by the City in early 2012, will consist of a new five -lane roadway facility with curbs, gutters, sidewalks, bike lanes, and landscaping on both sides.. The proposed alignment of Chapel Hill Blvd is to provide for the best possible parcel configuration (primarily parcel depth) between Chapel Hill Blvd and 1- 182. The proposed alternative alignment is subject to acceptance by the City in early design stages. Deliverables: • A Planning Level Design drawing showing the horizontal and vertical alignment for Chapel Hill Boulevard and associated cost estimate. • Plans showing Planning Level concepts for cross - sections for Chapel Hill Blvd. including access management. TASK 5: PLANNING LEVEL DESIGN REPORT In this task TranTech's team will provide a Planning Level Design Report based on the aforementioned activities described in Tasks 1 through 4 tasks and the activities of the TranTech's subconsultants. A summary of the TranTech's subconsultant activities are described in further detail below: Shannon and Wilson, Inc. (S &W) o The scope for this current phase of services is limited to gathering existing soil information from maps, borings, and well logs in the project vicinity. Based on the collected information, S &W will prepare a summary of the typical soil conditions in the area. In addition, S &W will discuss typical geotechnical design issues for the area including, groundwater levels, foundation types, and temporary and permanent slope inclinations. The information will be presented in a short letter report. White Shield, Inc. o White Shield will provide Horizontal and Vertical coordinates (csv file) of the proposed alignment from the intersection of Road 76 & Burden to Road 76 &Argent utilizing RTK GPS surveys at 100' intervals and at major terrain breaks(approximately 1 mile). • PBS Engineering and Environmental, Inc. The following tasks will be performed in support of the preliminary design for the Chapel Hill Road Extension /Road 76 Extension Project. PBS will perform research, conduct a field review and prepare a summary of environmental conditions for each alternative in support of the project. a. Baseline Data Collection: PBS will review existing information including, but not limited to, aerial photography, topographic maps, City's Critical Areas Maps, National Wetland Inventory maps, soil surveys, other on -line data and information, and any previous studies or reports pertaining to the project. PBS will also perform a field investigation to verify existing conditions and document proposed project impacts for the various alternatives. b. Project Coordination Meetings: PBS will participate in up to two meetings with TranTech and City staff to refine scope and address issues that might arise during the course of the project. PBS has budgeted two hours each for these meetings. PBS assumes meetings will be held at TranTech's office in Bellevue or can be attended via conference call. c. Environmental Summary Report: PBS will prepare a summary of the environmental conditions and any environmental issues, identify any required permits and environmental documentation /approvals for the proposed project area and each alternative alignment and summarize additional studies or reports that will be needed. d. Reporting: Drafts of the report will be submitted to TranTech /City of Pasco for review and comment. Following the receipt of comments, PBS will revise the report and prepare the final report. Note: The detailed scope of work for the above consultants and their associated fees is attached to this scope of work. Deliverables: A report presenting findings for the Planning Level Design (5 -10% Level) with plans and associated cost estimate for the roadways and the freeway overpass. Complete AutoCAD electronic drawing files DESIGN CRITERIA: Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of the following: 1. AASHTO Manual "A Policy of Geometric Design of Highways and Streets." 2. Washington State Department of Transportation, "Standard Specifications for Road and Bridge Construction." 3. Washington State Department of Transportation, "Design Manual." 4. Washington State Department of Transportation, "Materials Laboratory Outline." 5. Washington State Department of Transportation, "Construction Manual." 6. Washington State Department of Transportation, "Local Agency Guidelines." 7. Highway Research Board's Manual entitled "Highway Capacity." 8. FHWA and Washington State Department of Transportation, "Manual on Uniform Traffic Control Devices for Streets and Highways." 9. City of Pasco Design and Construction Standards and Specifications. 10. AASHTO "Guide for the Development of Bicycle Facilities." 11. WSDOT Highway Runoff Manual 12. WSDOT Hydraulics Manual 13. Department of Ecology for Eastern Washington Surface Water Manual 14.AASHTO LRFD Bridge Design Specifications 15. Washington State Department of Transportation, "Bridge Design Manual" AGENDA REPORT FOR: City Council FEBRUARY 19, 2013 TO: Gary Crutchfie Manager Workshop Mtg.: 3/11/13 Regular Mtg.: 3/18/13 FROM: Rick Terway, irector, Administrative & Community Services SUBJECT: Standards for Delivery of Public Defender Services I. REFERENCE(S): 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/11: Discussion 3/18: MOTION: I move to approve Resolution No. adopting standards for the delivery of public defender services. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) The City contracts for Indigent Defense services provided for those who qualify in Municipal Court. According to RCW 10.101.030, and affirmed by Washington State Supreme Court #25700 -A -1004, the City must adopt the State standards for delivery of Public Criminal Defense services. B) This standard limits the number of cases an attorney can have during any given year. This includes those assigned by our Municipal Court and any other cases taken on as a private attorney. C) The City Attorney is working with the other jurisdictions in the Tri Cities to establish a system that works for all the Indigent Defense service providers in our region. V. DISCUSSION: A) The City has amended its agreements for public criminal defense services to include the new standards. B) Staff recommends approval of the proposed resolution to conform with state law. 4(g) RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington, adopting Standards for the delivery of public defender services. WHEREAS, the Washington legislature by RCW 10.101.030 requires the City of Pasco ( "City ") to legislatively adopt Standards for the delivery of Public Criminal Defense Services; and WHEREAS, the Washington State Bar Association has promulgated Standards to secure the rights of those accused; and WHEREAS, the Washington State Supreme Court by Order No. 25700 -A -1004, as amended, has adopted Standards for indigent defense; and WHEREAS, such Standards, with the exception of Standard 3.4, became effective on October 1, 2012; and WHEREAS, new Standard 3.4 relating to case load limits and case weighting will become effective on September 1, 2013; and WHEREAS, the City in preparation for the issuance of Agreements for Public Criminal Defense Services, must adopt the Standards which shall be incorporated as a part of such Agreements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. Pursuant to the provisions of RCW 10.101.030, the City Council hereby adopts as its Standards for indigent defense those Standards contained in Order No. 25700 -A- 0004 of the Supreme Court of Washington, provided, however, that Standard 3.4 shall become effective on September 1, 2013. The City Council reserves a decision on case counts and weighting until it has had opportunity to evaluate current case assignment data. Section 2. The City Council's action by the adoption of this Resolution, initiates a process for review for Standards for indigent defense and requests the City Manager and staff to begin a process to review and update these Standards: A. Using, as guidelines, the Washington State Bar Association's Standards for indigent defense services; B. Work cooperatively with the attorney contractors providing public defense services to the City, the Prosecutor, and the Pasco Municipal Court, to review the case loads of public defenders and provide a report to the City Council regarding the number and type of cases to which public defenders are being assigned; C. Prepare contracts and recommend amendments as appropriate to incorporate theses Standards; and D. Provide information to the City Council to assist in its determination of appropriate case count levels and, if appropriate, a case weighting system for adoption by September 1, 2013. PASSED by the City Council of the City of Pasco this day of , 2013. CITY OF PASCO: Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council FEBRUARY 19, 2013 TO: Gary Crutchfie Manager Workshop Mtg.: 3/11/13 Regular Mtg.: 3/18/13 FROM: Rick Terway, Director, Administrative & Community Services SUBJECT: Pasco National Little League Lease I. REFERENCE(S): 1. Proposed Little League Lease II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/11: Discussion 3/18: MOTION: I move to approve the Lease with Pasco National Little League for the use of Boothe Field and authorize the City Manager to sign the agreement. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) In 1992 the City entered into a 10 year lease with Pasco National Little League for the use of Boothe Field. That lease was renewed in 2002 for an additional 10 year period. B) Pasco National Little League provides this recreational service to the youth, ages 4 -12, of our community. V. DISCUSSION: A) The City has completed negotiations with Pasco National Little League for a long term lease through 2023 with an option to renew for an additional 10 year period. Little League will remain responsible for improvements and the majority of the maintenance to the facility. However, staff proposes to do some of the maintenance with Little League paying the cost as outlined in Attachment `B' of the proposed lease (at Little League's request). B) Staff recommends approval of the proposed lease. 4(h) PASCO NATIONAL LITTLE LEAGUE LONG -TERM LEASE THIS LEASE AGREEMENT is made and entered into this day of 2013, by and between the City of Pasco, a municipal corporation of the State of Washington, hereinafter referred to as the "City ", and The Pasco National Little League, a non -profit corporation, hereinafter referred to as the "Lessee ". For the mutual considerations set forth herein, the parties agree as follows: 11 Leased Premises. The City hereby leases to the Lessee and the Lessee hereby leases from the City, subject to all deed restrictions, covenants, and easements of record, the following described premises, situate in Pasco, Franklin County, State of Washington, set forth in Attachment "A" hereto, and incorporated by this reference herein as if specifically set forth. The real property so described shall hereinafter be referred to as the "premises ". 2. Term. This lease shall be for a term often (10) years, commencing February 1, 2013, and ending February 1, 2023. The Lessee shall have the option of renewing this lease at the end of the initial lease term for an additional ten year period, provided City has not given the Lessee written notice of default as set forth below, and the Lessee has given to the City written notice of its intent to renew the lease term by delivering to the City Lessee's written notice of intent within the period of sixty (60) days immediately prior to the termination of the initial lease term. 3. Use of Premises. The premises shall be used for baseball fields, concession stand and parking lot and for no other purpose, unless the prior written permission is given by the City, Lessee agrees to maintain, at its own expense, all playing fields, concession stand, batting cages, and other improvements. Lessee shall be responsible for all capital improvements to Pasco Little League facilities and grounds, such as Clubhouse renovations, fence repair /improvement and replacement of netting. 4. Utilities. The Lessee shall be liable for and shall pay, throughout the term of this lease, all charges for all utility services to the premises, including, but not limited to electricity, gas, water, sewer and garbage disposal. It is understood and agreed that both the City and the Lessee will be using the existing well located in Riverview Park for the purpose of irrigating the baseball field by the Lessee and for the purpose of irrigating Riverview Park by the city. The maintenance of any pump or other equipment or facility shall be the sole expense and responsibility of the Lessee. 5. Acceptance of Premises. Lessee has examined the leased premises and accepts it in its present condition. 6. Maintenance and Repair. At the expiration or sooner termination of this lease, Lessee shall return the premises to the City in the same condition in which received, reasonable wear and tear and excepted, and except as modified pursuant to the provisions and requirements Long Term Lease - 1 of this lease. Lessee shall, at its own expense, at all rimes keep the premises neat, clean, free from weeds and in a safe condition for little league baseball and in a sanitary condition. Lessee shall maintain and keep the leased premises in a good state of repair and shall commit no waste of any kind. Lessee shall not permit or suffer any undue accumulations of waste material on the premises nor dispose of any waste materials nor permit or suffer any liquid industrial waste or chemicals to be stored thereon or to enter the drainage or sewer lines on the premises. The City, on a trial basis for 2 years, agrees to provide assistance with maintenance of the facility as listed in Attachment `B." If no action is taken by either party, this section of the agreement will renew on an annual basis January 1 of each year. Any additional maintenance will be billed at actual cost. Lessee agrees to pay the fixed maintenance cost (Attachment `B ") no later than April 1 each year; any additional maintenance will be billed at actual cost. 7. Alterations and Improvements. Lessee is authorized to make alterations and improvements associated with Lessee's authorized use of the premises. Lessee shall make no other alterations or improvements to or on the premises without first obtaining written approval from the City. Except as otherwise stated herein, it is understood that the improvements to be made and the structures to be erected by the Lessee upon the demised premises shall be built solely at the expense of the Lessee. Up termination of the lease, all improvements and fixtures shall be the property of the City. If when the lease terminates and all conditions of the lease have been met and performed by the Lessee, then the Lessee shall leave the premises in a condition comparable to the conditions prevailing at the inception of the lease, except as modified pursuant to the requirements and provisions of this lease. 8. Inspection. The City reserves the right to inspect the Lessee's premises at any and all reasonable times throughout the term of this lease; provided, that it shall not interfere unduly with Lessee's operations. The right of inspection reserved to the City hereunder shall impose no obligation on the City to make inspections to ascertain the condition of the premises and shall impose no liability on the City for failure to make such inspection. 91 Signs. No signs or other advertising material shall be attached to or pointed on or within the leased premises without the approval of the City, except warning signs, advertising by sponsors on outfield fence, facility rules and regulations, signs identifying the name of the premises and facilities at the premises. At the termination, or sooner expiration of this lease, all such signs or advertising material attached to or painted by the Lessee shall be removed by Lessee at its own expense, and Lessee shall repair any damage or injury to the premises, and correct any unsightly condition, caused by maintenance and removal of said signs. 10. Damage or Destruction. In the event fire or other cause does damage to the buildings or improvements on the demised premises constructed by Lessee, the Lessee shall make such repairs as are necessary to restore the premises to a safe, neat and good condition. The City may elect to terminate this lease by giving notice to the Lessee in writing if the premises are not restored within a reasonable time after the date of the casualty. If termination of the Lessee becomes necessary because Lessee does not restore the casualty damage to the premises, the City shall have the right to restore the premises to the original condition of the land Long Term Lease - 2 as leased and all costs of removal of debris and any tenant improvements shall be reimbursed to the City by the Lessee. 11. Indemnity/Hold Harmless. The City shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death, or for loss or damage to property, including attorney fees and costs, which arises out of City's use of premises, or from the conduct of City's business, or from any activity, work or thing done, permitted, or suffered by City in or about the premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 12, Insurance. The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased premises. A. Minimum Scope of Insurance. Lessee shall obtain insurance of the types described below: (1) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. City shall be named as an insured on Lessee's Commercial General Liability insurance polity using ISO Additional Insured - Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. (2) Property insurance shall be written on an all risk basis. B. Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: (1) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. (2) Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: (1) The Lessee's insurance coverage shall be primarily insurance as respects the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. Long Term Lease - 3 (2) The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage. Lessee shall famish the City with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. F. Waiver of Subrogation. Lessee and City hereby release and discharge each other from all claims, losses, and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. G. City's Property Insurance. City shall purchase and maintain during the term of the lease all -risk property insurance covering the buildings for their full replacement value without any coinsurance provisions. 13. Damage to Property on Premises. City agrees that all property of every kind and description kept, stored, or placed in or on the premises shall be at City's sole risk and hazard and that City shall not be responsible for any loss or damage to any of such property resulting from fire, explosion, water, steam, gas, electricity, or the elements, whether or not originating in the premises, cause by or from leaks or defects in or breakdown of plumbing, piping, wiring, hearing, or any other facility, equipment, or fixtures or any other cause of act except resulting from the gross negligence of City or anyone for whom City may be responsible. 14. Taxes. Lessee shall be liable for, and shall pay, throughout the term of this lease before delinquency, all license and excise fees and occupation taxes covering the business conducted on the premises, and all taxes on property of Lessee on the leased premises, and taxes there may be on leasehold interests created under this lease agreement. At the present time, since the City is a municipal corporation, there is no real property tax assessed on realty owned by it. Should such a tax be assessed or if a tax in lieu of such a tax is assessed, the Lessee agrees to pay the same promptly and before delinquency on that portion of such tax allocable to the demised premises. 15. Compliance with all Laws. Lessee agrees to comply with all applicable rules and regulations of the City pertaining to the realty of which the premises are a part now in existence or hereafter promulgated for the general safety and convenience of the City and the general public. City further agrees to comply with all applicable federal and state laws, ordinances and regulations. Long Term Lease - 4 16. Assignment or Sublease. Lessee shall not assign or transfer this lease or any interest therein, nor sublet the whole or any part of the premises, nor shall this lease or any interest hereunder be assignable or transferable, by operation of law or by any process or proceeding of any court, or otherwise, without the written consent of the City first had and obtained. If the City shall give its consent to any assignment or sublease, this paragraph shall nevertheless continue in full force and effect and no further assignment or sublease shall be made without the City's consent. 17. Default and Re- Entry. Time is of the essence hereof, and if Lessee shall violate, breach or fail to keep or perform any covenant, agreement, term or condition of this lease, or if Lessee shall cease to operate a recreational youth baseball program or decrease its operations substantially, then, in such case, City may, at its option, and in addition to any other rights it may have, terminate this lease by giving ten (10) days' written notice stating the nature of the default, and thereafter re -enter the leased premises, using such force as may be necessary, and repossess itself thereof, and remove all persons and affects therefrom, or to hold this lease in full force and effect and re -enter the premises and take possession thereof. If the City shall elect to re -enter the premises without terminating the lease, the City may relet all or any part of the premises in the name of and for the account of the Lessee, upon any terms and conditions as City, in its sole discretion, may deem advisable, with the right to make alterations and repairs to the premises. Lessee shall pay to City, as soon as ascertained, the costs and expenses incurred by City in such reletting and in making such alterations and repairs. No such reletting of the premises by the City shall be construed as an election on its part to terminate this lease unless a notice of such intention be given to Lessee, or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, City may, at any time thereafter, elect to terminate this lease for such previous breach, provided that it has not been cured. Should City at any time terminate this lease for any breach, in addition to any other remedy it may have, it may recover from Lessee all damages it may incur by reason of such breach. 18. Use Restrictions. The Lessee shall not carry on upon the demised premises, any noxious or any trade or activity, which would constitute a nuisance or hazard to the public, and shall not substantially deviate from its announced and original use of the property, without consultation and consent from the City. Lessee represents, warrants, and agrees that it will conduct its activities on and off the Leased Premises in compliance with all applicable environmental laws. As used in this Lease, Environmental Laws means all Federal, State, and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et. seq., the Clean Air Act, 42 U.S.C. § 7401, et, seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et. seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. § 1101, et. seq., The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S. C. § 9601, et. seq., The Oil Pollution Control Act, 33 U.S.C. § 2701, et seq., and Long Term Lease - 5 Washington or any other comparable local, City, County or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. Toxic or hazardous substances are not allowed on the Leased Premises without the express written permission of the City and under such terms and conditions as may be specified by the City. Lessee agrees that it will be responsible for all damages and costs associated with release of any such substances upon the Leased Premises occurring during the term of this Lease Agreement, including any cleanup costs. The provisions of this section shall survive the termination of this Lease. 19. Surrender of Premises - Attorney Fees. At the expiration or sooner termination of this lease, Lessee shall promptly surrender possession of the premises to the City, and deliver to the City all keys that it may have to any and all parts of the premises. In the event that either party shall be required to bring any action to enforce any of the provisions of this lease, or shall be required to defend any action brought by the other party with respect to this lease, the substantially prevailing party shall be entitled to its reasonable attorney fees and costs. 20. Liens and Encumbrances. Lessee shall keep the leased premises free and clear of any liens and encumbrances arising or growing out of the use or occupancy of the said premises by Lessee. At the City's request, Lessee shall furnish the City with written proof of payment of any item which would or might constitute the basis for such a lien on the leased premises if not paid. 21. Notices. All notices required hereunder may be either mailed or hand delivered. If mailed, they shall be sent by certified or registered mail to the following respective addresses: To Citv: Pasco City Hall Attn: Administrative & Community Services Director P. O. Box 293 Pasco, WA 99301 To Lessee: Pasco National Little league PO Box 4453 Pasco WA 99302 Long Term Lease - 6 or to such other respective addresses as either party hereto may hereafter from time to time designate in writing. Notices sent by mail shall be deemed to have been given when properly mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. Any time Lessee's officers change, and at least annually, the Lessee shall provide the City Parks and Recreation Director a current list of the names, addresses and telephone number of Lessee's officers. 22. General Provisions. Failure to enforce any provision of this Agreement shall not constitute waiver on the part of the City. In the event of any dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the parties, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, jurisdiction and venue shall be in Franklin County Superior Court, Franklin County, Washington, with the substantially prevailing party being entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 23. Non - Discrimination. The Lessee shall operate the premises in such a fashion to insure that no person is unlawfully discriminated against. 24. Entire Agreement — Amendments. This Agreement constitutes the whole agreement between the City and Lessee. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this agreement shall be valid and effective unless evidenced in writing. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first written above. CITY OF PASCO Gary Crutchfield, City Manager APPROVED AS TO FORM: Leland B. Kerr, City Attorney Long Term Lease - 7 PASCO NATIONAL LITTLE LEAGUE STATE OF WASHINGTON) ss. County of Franklin On this day personally appeared before me GARY CRUTCHFIELD, City Manager for the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2013. STATE OF WASHINGTON ) ss. County of NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: On this day personally appeared before me for the Pasco National Little League, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2013. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Long Term Lease - 8 ATTACHMENT A - PASCO LITTLE LEAUGE Attachment `B' Herbicide spraying includes parking lot, shrub beds and posts. Fertilizer application only; fertilizer to be supplied by Little League. Mowing is with large area mower only. Irrigation Inspection includes adjustment of sprinkler heads; any major repairs are the responsibility of Little League. M &O per Hr Labor/Hr Occurences Hours Total Mower $26.54 $20.00 39.00 3.40 $6071.20 Weedeating $4.00 $20.00 15.00 1.00 $360.00 Tractor (Fertilizer) $14.00 $40.00 2.00 1.50 $162.00 Tractor (Aerate) $14.00 1 $40.00 1 1.00 5.00 $270.00 Irrigation Inspection 1 $40.00 34.00 1.00 $19360.00 Herbicide Spray $14.00 $40.00 2.00 3.00 $324.00 Total $85647.20 Herbicide spraying includes parking lot, shrub beds and posts. Fertilizer application only; fertilizer to be supplied by Little League. Mowing is with large area mower only. Irrigation Inspection includes adjustment of sprinkler heads; any major repairs are the responsibility of Little League. AGENDA REPORT FOR: City Council March 7, 2013 TO: Gary Crutch Manager Workshop Mtg.: 3/11/13 Rick White, Regular Mtg.: 3/18/13 ic Development Director Community & conom FROM: Jeffrey B. Adams SUBJECT: Professional Services Agreement: Historic Preservation Plan I. REFERENCE(S): 1. Professional services agreement for Historic Preservation Plan II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 3/11: DISCUSSION: 3/18: MOTION: I move to approve the agreement with Teresa Bruin & Associates to produce a historic preservation plan and authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $22,200 IV. HISTORY AND FACTS BRIEF: A. One of Council's 2012 -2013 Goals is to assist the Historic Preservation Commission with the development of a Historic Preservation Plan for the City. B. The history of the City of Pasco is highlighted by prehistoric gatherings along the shores of the Columbia and Snake Rivers, the Lewis and Clark expedition, the Northern Pacific Railroad expansion, establishment of irrigation and agriculture, location of a World War II naval air station and the construction of the Hanford nuclear facility. Despite these notable roots, historic preservation is a challenging task in Pasco. Some of the challenges include: • No contiguous historic district — historic resources are scattered throughout the city; • Larger historic properties are owned by governments /non - profits (County Courthouse, City Hall, downtown post office, Port of Pasco's Naval Air Station (NAS) Pasco, Franklin County Historical Museum; • Many potential historic properties are heavily altered or destroyed; • Resale value of most east and mid -town Pasco homes with some historic value would not reflect the restoration investment; and • An existing railroad museum will be displaced when the Lewis Street overpass is built. V. Discussion: A. In the interest of encouraging maintenance, repair, and restoration of historic resources, staff has solicited the aid of historic preservation consultants to create a Historic Preservation Plan. The strategic plan will include the tasks listed below: • Analyze unfilled historic preservation opportunities 4(i) • Develop a plan for a historic district or consortium, recognizing that historic resources are dispersed throughout the City. • Develop a program for establishing a historic resources index/register. • Develop an inventory of economic strategies and workable incentives for encouraging private and public sector historic preservation efforts. • Establish historic preservation evaluation criteria for restoration/ replacement/reuse of historic resources. • Develop a strategy for financing/providing a railroad museum. B. With the assistance of the Historic Preservation Commission the proposals were evaluated and staff recommends Teresa Brum & Associates to develop a historic preservation plan for the City of Pasco. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as "City," and Teresa Brum & Associates, hereinafter referred to as "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to developing a historic preservation plan for the City of Pasco. 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 the Outline of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. Any scope of work that references this Agreement shall be considered part of this Agreement when duly executed by the City and the Consultant. The scope of work shall include a list of services to be provided, the times and locations of those services, the Consultant's compensation, and any reimbursements that will be made for equipment and materials provided by the Consultant. In the event of a conflict between the Schedule and this Agreement, the terms of this Agreement shall be controlling. 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 and 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 and /or post 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. 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. Historic Preservation Plan, Professional Services Agreement Page 1 of 5 a. Payment for work accomplished under the terms of this Agreement shall be as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $22,200 for direct labor costs and expenses. 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 deliver a final product not later than September 30, 2013. The Consultant is not responsible for any loss which may be incurred by the City which results in whole or part from delays in delivery of the final work product or other services by the Consultant due to strikes, natural or domestic disasters, computer malfunction or loss, illness, acts of God, or other unforeseen circumstances. 5. Hold harmless agreement. In performing the work under this contract, Consultant agrees to protect, indemnify and save the City, its officials and employees ( "City ") harmless from and against any and all injury or damage to the City or its property, and also from and against all claims, demands, and cause of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising out of work performed by the Consultant, caused by the Consultant, its agent, employees, representatives or subcontractors under the terms hereof. Consultant specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its employees or subcontractors and waives any immunity that the Consultant may have under that title with respect to, but only to, the City. Consultant further agrees to fully indemnify City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. This paragraph shall not apply to damages or claims resulting from the sole negligence of the City. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as a named 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 professional liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. Historic Reservation Plan, Professional Services Agreement Page 2 of 5 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. In the event of termination the City owns all work products paid for up to the date of termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto as Exhibit A. 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 - assignable. 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. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. If any term or provision of this Historic Preservation Plan, Professional Services Agreement Page 3 of 5 Agreement is invalid or is unenforceable, the remainder of the Agreement shall not be affected and will continue in full force. Neither party shall be liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco Community & Economic Development P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: Teresa Brum & Associates 23W26 1h Ave Spokane WA, 99203 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mail, with proper postage and properly addressed. DATED THIS DAY OF 2013 CITY OF PASCO: TERESA BRUM & ASSOCIATES Gary Crutchfield, City Manager Teresa Brum, Consultant Historic Preservation Plan, Professional Services Agreement Page 4 of 5 STATE OF WASHINGTON )ss COUNTY OF On this day of , 2013, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gary Crutchfield, to me known to be the City Manager of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: STATE OF WASHINGTON )ss COUNTY OF On this day of , 2013, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Teresa Brum, to me known to be the Consultant of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Historic Preservation Plan, Professional Services Agreement Page 5 of 5 Exhibit G°A" — Outline of Services City of Pasco Historic Preservation Strategic Plan Project Summary Brum & Associates (hereafter referred to as "Consultant ") shall work to meet the City of Pasco's need for a historic preservation work plan. Project Management: Consultant shall be in frequent communication with City of Pasco staff through regular check in meetings and site visits. Consultant shall develop a detailed timeline and project plan after the initial meeting with city staff, which Consultant shall continue to update as the project progresses. Strategic Plan Product: based on research findings, meetings with city staff, input from the Pasco Historic Preservation Commission and other stakeholders, Consultant shall assemble the first draft of a historic preservation strategic plan that is based on the Scope of Work proposed by the City of Pasco's RFQ. Consultant shall then present the first draft of the plan to staff for review. The final work plan will be a practical, achievable strategic work plan that is geared to reflect both the needs of the City of Pasco and the resources that are available. Preservation Commission meetings: Consultant shall meet with the Pasco Preservation Commission to obtain their recommendations and expertise to be incorporated into the strategic plan, as well as with relevant stakeholders, as defined by city staff. Scope of Work — Consultant shall perform the following tasks: • Develop a plan for a historic district or consortium, recognizing that historic resources are dispersed throughout the City. • Analyze unfilled historic preservation opportunities. • Develop a program for establishing a historic resources index/register. • Develop a program for establishing a historic archive for the compilation of local histories. • Develop an inventory of economic strategies and workable incentives for encouraging private and public sector historic preservation efforts. • Identify conflict - resolution strategies between historic preservation and alternative uses. • Establish historic preservation evaluation criteria for restoration/replacement /reuse of historic resources. • Develop a strategy for financing /providing a railroad museum. • Develop a program for the outreach and involvement of the Community. • Assess and prioritize public investment/actions that will increase or promote private investment in historic preservation. Completion Schedule Consultant shall work within a six -month time period for the project, beginning on or before April 1 and ending on September 30. Page 1 of 1 Exhibit A - Outline of Services