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HomeMy WebLinkAbout2013.03.18 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. March 18, 2013 1. CALL TO ORDER 2, ROLL CALL: (a) Pledge of Allegiance 3, CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated March 4, 2013. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $1,289,147.36 ($224,985.10 in the form of Electronic Fund Transfer Nos. 14210, 14214, 14236, 14237, 14238 and 14305; and $1,064,162.26 in the form of Wire Transfer Nos. 1299, 1302 and 1303; and Claim Warrants numbered 191941 through 192187). 2. To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $271,062.05 and, of that amount, authorize $197,619.39 be turned over for collection. (c) Appointments to Downtown Pasco Development Authority: (NO WRITTEN MATERIAL ON AGENDA) To reappoint Donald Porter to Position No. 1 and Wanda Buddrius to Position No. 2; and to appoint Domingo Macias Jr. to Position No. 3 and Ana Ruiz Peralta to Position No. 4 (all with the expiration date of 12/20/16) to the Downtown Pasco Development Authority. (d) Professional Services Agreement — Design for Road 68 Improvements, Phase II: 1. Agenda Report from Abroad Qayoumi, Public Works Director dated March 4, 2013. 2. Vicinity Map. 3. Professional Services Agreement with Scope of Work. To approve the Professional Services Agreement with HDJ Design Group authorizing Design Services with respect to Road 68 Improvements Phase I1 Project in the amount of $128,957 and, farther, authorize the City Manager to sign the agreement. (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. 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. (fl Pasco National Little League Lease: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated February 19, 2013. 2. Proposed Little League Lease. To approve the Lease with Pasco National Little League for the use of Boothe Field and, further, authorize the City Manager to sign the agreement. (g) Professional Services Agreement — Historic Preservation Plan: 1. Agenda Report from Jeff Adams, Associate Planner dated March 7, 2013. 2. Professional Services Agreement for Historic Preservation Plan. To approve the agreement with Teresa Brum & Associates to produce a historic preservation plan and, further, authorize the City Manager to sign the agreement. Regular Meeting 2 March 18 2013 (h) Resolution No. 3462, a Resolution of the City of Pasco, Washington, adopting Standards for the delivery of Public Defender Services. 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated February 19, 2013. 2. Proposed Resolution. To approve Resolution No. 3462, adopting standards for the delivery of public defender services. *(i) Resolution No. 3463, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of East Lewis Place. 1. Agenda Report from Dave McDonald, City Planner dated March 12, 2013. 2. Overview Map. 3. Proposed Resolution. To approve Resolution No. 3463, setting 7:00 pm, Monday, April 15, 2013 as the time and date to conduct a public hearing to consider vacating portions of East Lewis Place. *(j) Resolution No. 3464, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of North Idaho Avenue. 1. Agenda Report from Dave McDonald, City Planner dated March 13, 2013. 2. Overview Map. 3. Vicinity Map. 4. Proposed Resolution. 5. Vacation Petition. To approve Resolution No. 3464, setting 7:00 pm, Monday, April 15, 2013 as the time and date to conduct a public hearing to consider vacating a portion of North Idaho Avenue adjacent to Block 61, Freys Addition. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Presentation of Proclamation for "100`" Anniversary of the Washington State Parks and Recreation Commission." Mayor Matt Watkins to present Proclamation to Reade Obern, Park Manager, Sacajawea State Park. 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Finance Manager: General Fund Operating Statement through February 2013. (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Street Vacation (MF #VAC2013 -001) Portion of Washington Street (Port of Pasco/Morales). 1. Agenda Report from Dave McDonald, City Planner dated March 13, 2013. 2. Overview Map. 3. Vicinity Map. CONDUCT A PUBLIC HEARING MOTION: I move to continue the public hearing to the April 15 Council meeting. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) 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." 1. Agenda Report from Dunyele Mason, Finance Manager dated March 1, 2013. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , authorizing amendment of Pasco Municipal Code Title 3 relating to utility billing management and, further, to authorize publication by summary only. Regular Meeting 3 March 18, 2013 Q *(b) Ordinance No. an Ordinance of the City of Pasco, Washington, amending the zoning classification of Lots 5 to 7, Block 1, College Addition together with the east 10' of the adjacent 7'" Lane, from C -1 (Retail Business) to R -3 (Medium Density Residential). 1. Agenda Report from Shane O'Neill, Planner 1 dated March 7, 2013. 2. Vicinity Map. 3. Proposed Ordinance. 4. Planning Commission Report dated 2/28/13. 5. Planning Commission Minutes dated 1/17/13 and 2/28/13. MOTION: I move to adopt Ordinance No. rezoning the property located at 809 S. 7a' Lane from C -1 to R -3 and, further, to authorize publication by summary only. Q *(c) Resolution No. a Resolution accepting the Planning Commission's recommendation and approving a special permit for location of a childcare facility at 1803 West Bonneville Street. 1. Agenda Report from Jeff Adams, Associate Planner dated March 5, 2013. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 1/17/13 and 2/28/13. MOTION: I move to approve Resolution No. _, approving the special permit for location of a childcare facility in a C -1 District at 1803 West Bonneville Street as recommended by the Planning Commission. 91 UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) 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. 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. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...." Q Quasi - Judicial Matter 1. 6:00 p.m., Monday, March 18, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 4, 2013 CALL TO ORDER The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief, Bob Gear, Fire Chief; Mike Pawlak, City Engineer and Dunyele Mason, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated February 19, 2013. Minutes of the Special Pasco City Council Meeting dated February 25, 2013. (b) Bills and Communications: To approve General Claims in the amount of $1,700,437.94 ($66,111.29 in the form of Electronic Fund Transfer Nos. 14026, 14080 and 14092; and $1,634,326.65 in the form of Wire Transfer Nos. 1292, 1293, 1296, 1297 and 1298; and Claim Warrants numbered 191753 through 191940). To approve Payroll Claims in the amount of $2,234,611.51, Voucher Nos. 45229 through 45290 and 80240 through 80249; and EFT Deposit Nos. 30057491 through 30058056. (c) Reject Bids for 4th Avenue Corridor (Court Street to I -182) Project No. C2- 10-06-STR: To reject all bids for the 4th Avenue Corridor (Court Street to I -182) Project in as much as all of the bids received significantly exceeded the Engineer's Estimate and approved project budget. (d) Resolution No. 3461, a Resolution approving a sublease for the Pasco Boat Basin. To approve Resolution No. 3461, approving the Boat Basin Marina Sublease Agreement with Columbia Marine Center. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND /OR OFFICERS: Ms. Francik and Mayor Watkins attended the Tri- Cities Regional Public Facilities District meeting. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation (MF #VAC2013 -001) Portion of Washington Street (Port of Pasco/Morales). 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 4, 2013 Mr. White explained the details of the proposed vacation. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. MOTION: Ms. Francik moved to continue the public hearing to the March 18 Council meeting. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4097, an Ordinance of the City of Pasco, Washington, Amending Chapter 1.10 of the Pasco Municipal Code regarding Voting Districts, MOTION: Mr. Garrison moved to adopt Ordinance No. 4097, revising City Council District Boundaries to comply with population limitations and, further, to authorize publication by summary only. Mr. Martinez seconded. Motion carried by the following Roll Call vote: Yes - Yenney, Garrison, Hoffmann, Larsen, Martinez. No - Watkins, Francik. Resolution No. 3460, a Resolution of the City of Pasco, Washington, amending Resolution No. 3446 Regarding Public Records Requests. Council and staff discussed the details of the proposed Resolution. MOTION: Ms. Francik moved to approve Resolution No. 3460, as amended, amending Resolution No. 3446 regarding Public Records Requests. Mr. Larsen seconded. Motion carried by the following Roll Call vote: Yes — Martinez, Watkins, Francik, Garrison, Hoffmann. No — Yenney, Larsen. NEW BUSINESS: 2013 Crack Sealing Project No. M3- OV- 3R- 13 -02: Council and staff discussed the proposed project. MOTION: Ms. Francik moved to award the low bid for the 2013 Crack Sealing Project to B.C.V. Inc., in the amount of $143,430 and, further, authorize the Mayor to sign the contract documents. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:42 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 18th day of March, 2013. 2 CITY OF PASCO Council Meeting of: March 18, 2013 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the un ersiggI d, do hereby certify under penalty of perjury that the materials have been furnished, the service endered ID re labor performed as described herein and that the claim is a just, due and unpaid bligation against the city and that we are authorized to authenticate and certify to said claim. DtLnyele Mas�n, Finance Services Manager We,lhe undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 18 day of March, 2013 that the merchandise or services hereinafter specified have been received: Check Numbers and 191941 - 192187 In The Amount Of: $ 1,064,162.26 Electronic Funds Transfers: 1299, 1302,1303 In The Amount Of: $ 224,985.10 Electronic Funds Transfers: 14210, 14214, 14236 (Journal Entries) 14237, 14238, 14305 Combined total of $1,289,147.36 Councilmember GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: Councilmember SUMMARY OF CLAIMS BY FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVEL & INFRASTRUCT STADIUM /CONVENTION CENTER GENERAL CAP PROD CONSTRUCTION WATER /SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL- REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL /DENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 260,642.93 37,640.18 0.00 0.00 31,613.17 1,693.87 0.00 $ 1,289,147.36 3(b).1 FOR: TO: FROM: SUBJECT: 1. 11. III. IV AGENDA REPORT City Council DATE: March 13, 2013 Gary Crutch I , C' a ager REGULAR: March 18, 2013 Rick Terway, ini ative & Community Services Director Dunyele Mason Financial Services Manager,^ BAD DEBT WRITE -OFF'S /COLLECTION. REFERENCE (S): Write -off and collection lists are on file in the Finance Department. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: 1 move to approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $271,062.05 and, of that amount, authorize $197,619.39 be turned over for collection. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un- collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY — These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ 5.13 .00 5.13 Ambulance $ 72,937.53 21,994.39 949931.92 Court A/R $ .00 170,142.00 170,142.00 Code Enforcement $ 500.00 59043.00 5,543.00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 440.00 440.00 TOTAL: $ 739442.66 1979619.39 271,062.05 ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 AGENDA REPORT NO. 12 FOR: City Counci March 4, 2013 TO: Gary Crutch Manager FROM: Ahmad Qayoumi, Public Works Directo Workshop Mtg.: 3/11/13 Regular Mtg.: 3/18/13 SUBJECT: Professional Services Agreement — Design for Road 68 Improvements Phase II I. REFERENCE(S): I . Vicinity Map 2. Professional Services Agreement with Scope of Work II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3111: 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. 3(d) 1� W U) Q U) Z W W O ry 92 00 c� D Q O 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: 1. Scope of work right, 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 $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. 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 DAY OF 92013 CITY OF PASCO CONSULTANT Gary Crutchfield, City Manager ATTEST Debbie Clark, City Clerk 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 Meetings 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 HDJ's 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 Permitting Task I - 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 detenmine 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 1)x34" (6 set), and half size paper 11 53x17" (1 set). City of Pasco, WA March 1, 2013 Road 68 North - Corridor Improvement Project Page 4 of 7 G. Traffic Signal 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 1 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 1mile. 3.) 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 L" 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 1, 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 1 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 1 1318111 Fill liiiiiiiiiiiiiiiiiiiiillill liiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 111111111110 111110111111 I H � mien oj 11 Ulm! IN III A dell I I � AGENDA REPORT NO. 11 FOR: City Council March 4, 2013 TO: Gary Crutchfi Manager FROM: Ahmad Qayoumi, Public Works Directo< orkshop Mtg.: 3/11/13 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: 3111: 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: V. 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. 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. 3(e) 1� U) Q i U) Z w 7 w 0 00 (C) Q O 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. 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 DAY OF 12013 CITY OF PASCO CONSULTANT Gary Crutchfield, City Manager ATTEST Debbie Clark, City Clerk Greg Jellison, P.E., Principal APPROVED AS TO FORM Leland B. Kerr, City Attorney EXHIBIT A HD OFE5tGN GROUi� engineers l landscape architects I planners ; 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 3101/2013 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 $89875.00 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 FOR: City Council FEBRUARY 19, 2013 TO: Gary Crutchfie Manager Workshop Mtg.: 3/11/13 Regular Mtg.: 3/18/13 FROM: Rick Terway, D rector, Administrative & Community Services SUBJECT: Pasco National Little League Lease I. REFERENCE(S): 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. 3(fi) 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 times 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. Upon 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. S. 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 painted 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 Tenn 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 furnish 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, caused 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 cant' 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 City: 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 Long Term Lease - 8 2013. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: 5 A ATTACHMENT A - PASCO LITTLE LEAUGE W ST IN , . IN ,. 'N IN It ;L- l A4 r N W E i s r.t u 1 . f� IN 2'J �r IN 2'J 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 $69171.20 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 $40.00 1.00 5.00 $270.00 Irrigation Inspection $40.00 34.00 1.00 $1,360.00 Herbicide Spray $14.00 $40.00 2.00 3.00 $324.00 Total $8,647.20 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 Community & conomic Development Director 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: 3/18: MOTION: I move to approve the agreement with Teresa Brum & 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 oppor unities 3(g) • 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 Brain & 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 Bruin & 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 rimes 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 Preservation Plan, Professional Services Agreement Page 2 of 5 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. hi 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 Brunt & Associates 23 W 26th 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 12013 CITY OF PASCO: TERESA BRUM & ASSOCIATES Gary Crutchfield, City Manager Teresa Brum, Consultant Historic Preservation Plan, Professional Set-vices 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 "A" — Outline of Services City of Pasco Historic Preservation Strategic Plan Proiect 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 AGENDA REPORT FOR: City Council n FEBRUARY 19, 2013 TO: Gary Crutchfield Manager Workshop Mtg.: 3/11/13 vI Regular Mtg.: 3/18/13 FROM: Rick' erector, 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. --3` DLadopting 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. 3(h) RESOLUTION NO. 38VA 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 March 12, 2013 TO: Gary Crutch 9&conomic anager Regular Mtg.: 3/18/13 Rick White, Community Development Director f% VA FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 2011 -008) Portions of East Lewis Place from Heritage Blvd to SR -12 L REFERENCE(S): 1. Overview Map 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. �3 , setting 7:00 P.M., Monday, April 15, 2013, as the time and date to conduct a public hearing to consider vacating portions of East Lewis Place. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The new owners of Bradley Auto Wrecking petitioned for the vacation of the south 40 feet of East Lewis Place fronting the wrecking yard approximately a year ago. As the vacation request was being processed it was soon discovered there was not a consistent width for the right -of -way on East Lewis Place. The right - of -way ranges from 60 feet to over 200 feet in width depending on the location on the street. In addition to the variable right -of -way width it was unclear where the center line of the street was located. B. As a result of the uncertainties over the East Lewis Place right -of -way, staff recommended the Council deny the original vacation request to allow time for the right -of -way to be surveyed. The right -of -way has since been surveyed and the Engineering Division has been able to more accurately determine the areas that can be vacated C. At the last hearing on this matter in May of 2012 staff indicated that once the surveying and engineering work was completed a new hearing could be set to consider vacating any excess right -of -way. The next available date for such a hearing is April 15, 2013. 3(i) a) t � !� 4--) . Q W M o • V O rM I 411 U �PMI 0 ~ I�1 O 4• ham^ -:l tl Y. r I , t f W .y cnY d2 f: Moof I�Y t �R. rr F L t �kr 0 3t Vlm , Ifilial 191moss RESOLUTION NO, F A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF EAST LEWIS PLACE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights -of -way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating portions of the excess right -of -way on the north and south sides of East Lewis Place as follows; the south 5 feet adjacent to Parcel 113870198, the south 45 feet adjacent to Parcels 113870232, 1138700185 113730071, 113730062, 1137300995 113730053, 113730044 and 113730197 the north 35 feet adjacent to parcel 113720037 and 113780080, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on April 15, 2013. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 18'' day of March, 2012. Matt Watkins Mayor ATTEST: Debra L. Clark, CMC City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney z .o oa °o ...., m ° "' ct W cis o F- cv C0 O� � ct w 0 PEN AGENDA REPORT FOR: City Council March 13, 2013 TO: Gary Crutch el y Manager Regular Mtg.: 3/18/13 Rick White, r Community & E onomic Development Director t( FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 2013 -002) A Portion of N. Idaho Ave north of Oregon Ave. (H.D. Fowler) I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Proposed Resolution 4. Vacation Petition H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/18: MOTION: I move to approve Resolution No. J , setting 7:00 P.M., Monday, April 15, 2013, as the time and date to conduct a public hearing to consider vacating a portion of North Idaho Avenue adjacent to Block 61, Freys Addition. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. H.D. Fowler Company, the pipe and waterworks supplier on Oregon Avenue has petitioned to vacate a portion of North Idaho Avenue adjacent to the west edge of their property. The vacation is being requested to accommodate a rearrangement of the company's pipe storage yard. B. A portion of the Fowler pipe yard is encroaching on the right -of -way for both North Idaho Avenue and North Main Avenue. Staff has explained to representatives of H.D. Fowler that the pipe storage must be removed from the city right -of -way, hence the request for the vacation and the need to rearrange the company's pipe storage yard. The northern 310 feet of North Main abutting the Fowler property cannot be vacated because it will be needed for a future street to provide access to the property to the north. There is however excess right -of -way adjacent to the southern 320 feet of the Fowler property that could be vacated. It is this portion of the right -of -way that has been requested to be vacated. If this right -of -way is to be vacated staff will be recommending conditions within the vacation ordinance to require the removal of the pipe yard from the Main Avenue right -of -way. C. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20 -day hearing notice, is April 15, 2013. 3(j) Y � t p _ l 41 00 ■ ■ f • '" tin, xt ;. +�a= 1 F '�F ' ri f � s f; t 1 v � 1At tt �y./a . ®•�= iron � �j4'�{T'� dV i ,z 1 • c.� S �J uA m l xt ;. +�a= 1 F '�F ' ri f � s f; t 1 v � 1At tt �y./a . ®•�= iron � �j4'�{T'� dV i ,z 1 • c.� S �J uA �uu 1� O O O O O� c •R ur • PEE( C� ci 'VJ �1 r kn Vic,, i`S�F IIN VI i� a `gyp a #� .Y t •y i i a e = - ,� x. y Y Al RESOLUTION NO. S % 4 A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF NORTH IDAHO AVE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights -of -way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating that portion of North Idaho Avenue located northerly of the northwesterly right -of -way line of North Oregon Avenue described as follows: Beginning at the southwest corner of Block 61 Freys Addition; Thence south 50 degrees west for a distance of 44 feet; Thence north 20 degrees west for a distance of 228 feet; Thence north 0 degrees west for a distance of 120 feet; Thence south 20 degrees east for a distance of 322 feet plus or minus to the point of beginning, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on April 15, 2013. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 18th day of March, 2012. Matt Watkins Mayor ATTEST: Debra L. Clark, CMC City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney z 6�0 0 7� O N O O O ct Q o PEE > N O MAIN AVE W H W CITY OF IM SCO STREET /ALLEY VACATION PETITION FEE $200 MASTER FILE # 1 - VQ.7 DATE SUBMITTED: 3 11 r I, we the undersigned, owners of two - thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/ alley rights -of -way: lNi�, FAST qD or A/ Tg>Akj Ajil0e A DiSTa.irc OP eZ'iS we Ofc- 9 TN (:� r> 4 A I y x < 'rvo' A24.4 APPLICANT: PROPERTY OWNED (Legal Description) Print Name: L.L 4-3�Z - y a Sign Name: Address: J.3C44e7 Phone # `l2C 7crtr 1HW Date 3 Mfi3_°1V05* Print Name:�LIlA (A'a7p LLL C(A 6trdA MAY/ Sign Name: Date 1 Print Name: Sign Name: i1 GENERAL FUND OPERATING STATEMENT THROUGH FEBRUARY 2013 TOTAL EXPEND & END FUND BAL 13,445,753 41,854,785 AVAILABLE CASH BALANCE 5,941,897 PERCENTAGE OF BUDGET ALLOCATED FOR 2 MONTHS These statements are intended for Management use only. 17% 155335,184 42,4882455 9,870,120 6(b) YTD 2013 % OF YTD TOTAL % OF 2013 ORIGINAL ANNUAL 2012 2012 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 35,172 6,400,000 0.5% 48,560 6,200,000 0.8% SALES 1,5912271 82195,000 19.4% 1,423,768 83265,000 17.2% PUBLIC SAFETY 182,430 11000,000 18.2% 0 0 UTILITY 1,338,885 7,7983000 17.2% 11455,760 6,526660 22.3% OTHER 253,552 1,065,000 23.8% 256,149 212603000 11.3% LICENSES & PERMITS 543,166 11108,200 49.0% 4731159 1,0931700 43.3% INTERGOVT REVENUE 36,824 11495,150 2.5% 121,452 1,679,700 7.2% CHARGES FOR SERVICES 655,572 41498,459 14.6% 662,184 42531,330 14.6% FINES & FORFEITS 137,614 794,650 17.3% 1162406 977,200 11.9% MISC. REVENUE 98,478 6313450 15.6% 101,718 673,245 15.1% OTHER FINANCING SOURCES 26,334 1,295,303 2.0% 26,334 138,000 19.1% TOTAL REVENUES 4,899,298 34281,212 14.3% 4,685,490 32,344,835 14.5% BEGINNING FUND BALANCE 815462455 72573,573 10,649,694 10,1432620 TOTAL SOURCES 13,4452753 41,854,785 32.1% 15,335,184 42,488,455 36.1% EXPENDITURES: �iTY COUNCIL 16,984 121,315 14.0% 18,011 118,807 15.2% MUNICIPAL COURT 211,850 1,376,639 15.4% 189,717 11332,334 14.2% CITY MANAGER 163,459 962,755 17.0% 149,005 951,034 15.7% POLICE 1,674,554 12,096,846 13.8% 1,4553075 11,4512115 12.7% FIRE 727,178 4,431,366 16.4% 705,051 4,164,541 16.9% ADMIN & COMMUNITY SVCS 904,933 62022,454 15.0% 884,225 62201,703 14.3% COMMUNITY DEVELOPMENT 198,391 1,332,076 14.9% 1917772 1,208,878 15.9% ENGINEERING 226,183 13535,558 14.7% 201,543 11514,469 13.3% MISC. NON - DEPARTMENT 820,993 8,1252335 10.1% 666,900 7,469,966 8.9% LIBRARY 190,821 1,1482380 16.6% 189,757 1,148,380 16.5% TOTAL EXPENDITURES 5,135,346 37,152,724 13.8% 41651,056 35,561,227 131% ENDING FUND BALANCE 8,310,407 4,702,061 10,684,128 6,927,228 TOTAL EXPEND & END FUND BAL 13,445,753 41,854,785 AVAILABLE CASH BALANCE 5,941,897 PERCENTAGE OF BUDGET ALLOCATED FOR 2 MONTHS These statements are intended for Management use only. 17% 155335,184 42,4882455 9,870,120 6(b) AGENDA REPORT FOR: City Council March 13, 2013 TO: Gary Crutchfiel Manager Regular Mtg.: 3/18/13 Rick White, Community & conomic Development Director ,Z {(4 FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 2013 -001) Portion of Washington St (Port of Pasco/Morales) I. REFERENCE(S): 1. Overview Map 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 3/18: MOTION: I move to continue the public hearing to the April 15th Council meeting. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The Port of Pasco and a private property owner petitioned to vacate that portion of Washington Street lying between 5 Avenue and the BNSF railroad right -of -way. B. The City Council originally set March 4, 2013 as the date to consider the vacation. The hearing was continued to March 18, 2013 to allow Port Staff time to meet with the other party to the vacation proposal to ascertain the extent and type of development being considered and to review the recently adopted Boat Basin and Marine Terminal Plan. V. DISCUSSION: A. Port staff met with Mr. Morales last week to review the Boat Basin and Marine Terminal Plan. The Boat Basin and Marine Terminal Plan indicates the area along the east side of South 5th Avenue should be developed as an open landscaped area providing a buffer between the BNSF main line and the remainder of the old tank farm property to the west. The meeting with Mr. Morales raised other questions related to community commitment to the recently adopted Boat Basin and Marine Terminal Plan that warrants further discussions with the Port. Before any action on the proposed vacation takes place staff is again suggesting the hearing on this matter be continued to allow more time to discuss options for implementing the Boat Basin and Marine Terminal Plan with Port staff. B. Because the hearing was reset for March 18th the Council will need to briefly open the hearing and then continue the hearing to April 15th. 7(a) JVMW .)' J l \ kk . t J s h iA WIN If Aww Y t a y 149 1�A' 'AS f JIA■�}Y!X�4$1 { y1� j //�� IN al , v Z O �A ct O O � O ct ct O U O ctoo . PC W *7,4 kt CIO OZ cl 2 co AF W F= cn AGENDA REPORT FOR: City Council March 1, 2013 TO: Gary Crutchfie , Manager Workshop Mtg.: 3/11/13 Rick Terway, e , Admin & Community Services Regular Mtg.: 3/18/13 FROM: Dunyele Mason, Financial Services Manager 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 Bud_ get 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 term 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. 8(a) 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. OF �nwT r T 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 e) Sewer C) An application for service and creation of a tenant account may be denied. for any customer that has an outstanding balance on another City account unless the only amount outstanding is what would be created by a 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. 17 There shall be an on -going contract for utility service with the owner as lone 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: S eeliR" 3.200. 19 0, in f... ,,,._.rice iq ,.eeepted; P,-,..,;a d that the ,...t,,.,,,..,e t applicant ....a an other _....,.e residing an the _. ..,.,-t.. L; net liable fief a utility ,.1.,..-ges awing tl. ,. � -a tY "r J 1) 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 Citv 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: 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: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Title 3 "Revenue and Finance" Ordinance Page 5 AGENDA REPORT FOR: City Council March 7, 2013 TO: Gary Crutchfi Manager Regular Mtg.: 3/18/13 Rick White, Community & E onomic Development Director V FROM: Shane O'Neill SUBJECT: REZONE: Rezone from C -1 (Retail Business) to R -3 (Medium Density Residential) (MF# Z 2012 -005). I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance 3. Planning Commission Report 2/28/13 4. Planning Commission Minutes: Dated 1/17/2013 & 2/28/13 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 3/18: MOTION: I move to adopt Ordinance No. , an Ordinance rezoning the property located at 809 e from C -1 to R -3, and further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On January 17, 2013 the Planning Commission conducted a public hearing to determine whether or not to recommend a Rezone from C -1 (Retail Business) to R -3 (Medium Density Residential) for 809 South 7ch Lane. B. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in zoning for the property in question. C. No written appeal of the Planning Commission's recommendation has been received. 8(b) t �♦ rk � qIgI It- nrs' a Ct IQ ct l--I � '�ti �• -,µ.Vi c ;: t il... . ' i y �lE�` ( T r a W�l .. J� OIL u WHEN RECORDED, PLEASE RETURN TO: City of Pasco Attn: City Planner 525 N. Third Avenue Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF LOTS 5 TO 7, BLOCK 1, COLLEGE ADDITION TOGETHER WITH THE EAST 10' OF THE ADJACENT 7TH LANE, FROM C -1 (RETAIL BUSINESS) TO R -3 (MEDIUM DENSITY RESIDENTIAL). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C -1 (Retail Business) to R -3 (Medium Density Residential) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lots 5 to 7, Block 1, College Addition together with the east 10' of the adjacent 7th Lane Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Passed by the City Council of the City of Pasco this 18c° day of March, 2013. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney O ct 4J O•� O � U � a O� N N 0 PEE PC 3" HIS 3AV H19 m 3" Hl8 3AV Hl6 Fl:= REPORT TO THE PLANNING COMMISSION MASTER FILE NO. Z 2012 -005 APPLICANT: Michael & Mindy Newton HEARING DATE: 1/ 11/2013 7407 110th Ave. NE ACTION DATE: 2/28/2013 Lake Stevens, WA 98258 BACKGROUND REQUEST: REZONE Rezone from C -1 (Retail Business) to R -3 (Medium - Density Residential). 11 PROPERTY DESCRIPTION: Legal: Lots 5 to 7, Block 1, College Addition together with the east 10' of 7th Lane adjacent Location: 809 South 7th Avenue Property Size: 0.24 acres 2. ACCESS: The property has access from 7th Lane along the west property line. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned C -1 (Retail Business). The site is vacant. Surrounding properties are zoned and developed as follows: R -3 (Medium - Density Residential) - SFR's North I -1 (Light Industrial) - Industrial South R -3 (Medium - Density Residential) - SFR's East R -3 (Medium - Density Residential) - SFR's West R -2 (Medium - Density Residential) - SFR's 51 COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates this area for Mixed Residential uses. 61 ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, city development regulations, and other information, a threshold determination resulting in a Determination of Non - significance (DNS) has been issued for this project under WAC 197 -11 -158. ANALYSIS The property is approximately 0.24 acres fronting on 7th Lane and currently contains a residential tri -plex constructed in 1944. The lot was platted in 1890 before the City annexed the area in 1921 (Ord. #319); the surrounding vicinity was concurrently annexed. The applicant wishes to rezone the subject property from C -1 (Retail Business) to R -3 (Medium Density Residential) to eliminate the non - conforming status of the 1 property. The R -3 (Medium - Density Residential) zone permits residential densities not exceeding one (1) unit for every 3,000 square feet of land area for attached /multi - family structures. The site is 10,385 square feet in area; which would allow a maximum of three (3) dwelling units under R -3 zoning. Assigning the R -3 zone to the site would put the tri -plex in conformance with the zoning, allowing it to be financed for resale. The City's zoning records dating back to 1979 indicate the site has been zoned C -1 for the past 33 years or more. Also, the City's Zoning Code from 1965 permits all residential uses allowed in any residential zone to be located in the C -1 Zone (PMC 11 -24 12/16/1965). This would explain how the tri-plex was allowed to be legally constructed in 1944. In the early 1980's however, the C -1 zoning language was changed to effectively exclude new residential construction as a permitted use. The City of Pasco Comprehensive Plan shows the property to be within a Mixed Residential land use designation which allows residential densities of 5 to 20 units per acre; (1 unit /3,000ft2 = 14.5 units /acre). The Comprehensive Plan indicates the Mixed Residential land use designation allows the following zoning districts: RS -20, RS -12, RS -1 and R -1 through R -3. Therefore the proposed rezone meets the intent of the Comprehensive Plan in terms of land use. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: Adjacent residential development and growth within the City make the zone change appropriate, timely, and consistent with the City's Comprehensive Plan. Properties to the east and south are zoned to R -3 and developed with Single- Family residences. Homes to the west are zoned R -2 (Medium - Density Residential). 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The rezone will reflect the medium density transition or buffer between residential areas to the south and commercial zones to the north. The rezone from C -1 to R -3 allows for "higher- density residential development where utilities and transportation facilities enable efficient use of capital resources..." in keeping with Land Use Policy LU -3 -E. This rezone would also "Allow for a full range of residential environments including single family homes, townhouses, condominiums, apartments, and manufactured housing,..." consistent with Housing Policy H -2 -A. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: The rezone is a non project action; development would not occur as a result of the property being rezoned. Establishing R -3 zoning for the site would bring the current residential land use in to conformity with the zoning. Because the tri-plex has existed on -site for the last 68 years a rezone would go largely unnoticed by the surrounding neighborhood. The proposed rezone would further contribute to the preferred land uses identified in the Comprehensive Land Use Map N 4. The effect on the property owners if the request is not granted: If the request is not granted the units may remain unoccupied for an extended period of time and maintenance on the structure would be discouraged. Residential uses in commercial or industrial zones may not be financed for purchase because should the structure be destroyed the city will not allow reconstruction of said residence due to the non - conforming status. Vacant /unoccupied residences have a history of becoming nuisance properties. 5. The Comprehensive Plan land use designation for the property: The Comprehensive Plan Land Use Map designates the site for Mixed (Density) Residential uses. The proposed rezone will bring the zoning into conformance with the Plan. STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial Findings drawn from the background and analysis section of the staff report. The Planning Commission may add Findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is currently zoned C -1 (Retail Business). 2. Applicant is requesting a change of zoning from C -1 to R -3. 3. The Comprehensive Plan designates the site for Mixed (Density) Residential uses. 4. The site borders R -3 Zones to the east and south, which are developed with single - family homes. 5. The property was platted in 1890 as part of the College Addition subdivision. 6. The site contains a single structure divided into three separate dwelling units. 7. The site was annexed by the City of Pasco in 1921 (ORD #319). 8. The purpose of the Mixed Residential area is to serve as a buffer or transition between low- density residential and commercial districts. 9. Properties to the west are zoned R -3 and have been developed with condominiums. 10. The R -3 Zone allows for one dwelling per 3,000 square feet for multiple family dwellings. 11. The R -3 Zone allows for building heights up to 35 feet without a special permit. 12. A commercial business is located north of the site. 13. No development plans have been submitted as part of this rezone request as this is a non - project action intended to bring an existing residential land use into zoning conformance. 3 CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a Rezone, the Planning Commission must develop its conclusions from the Findings of Fact based upon the criteria listed in P.M.C. 25.88.060 and determine whether or not: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with many of the goals and policies of the Comprehensive Plan. The Comprehensive Plan also encourages the development of a variety of residential environments (Goal H -2) and supports efforts to provide affordable housing to meet the needs of low and moderate income households (Goal H -5). 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. It is believed that the rezone will not have any adverse effect on adjacent property values. Assigning residential zoning to the site would not alter the way the site will be use and should go unnoticed by property owners in the immediate vicinity. 3. There is merit and value in the proposal for the community as a whole. Adjacent residential development and growth within the City make the zone change appropriate, timely, and consistent with the City's Comprehensive Plan. The rezone will recognize the medium density transition between residential areas to the east, west and south and commercial zones to the north. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposed rezone is a non project action involving no physical change to the environment. Surrounding properties will be unaffected by rezoning the site. As such, conditions mitigating adverse impacts on the neighbors are not needed in this case. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the February 28, 2013 staff report. MOTION: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council approve the Rezone from C -1 (Retail Business) to R -3 (Medium Density Residential). F1 A -iO4. �t 4 � Z ''".9A" .`�j s �; ctkk C40 ct I P1 e U 1 E .. .. A t i , t � ' y 1R — �� arc: Mti�� _ — �r.i�j . d �SSi4iti _ 0 POO f�1 K I � +�+$ki�l i • • Sri � a � .. LL r y {� r y l 1L z - - -- RAV HIS U O U rQ 3AV H19 � - w reel M • "~ 3AV� "d u7 HILL O O saauappag v JAV H18 71 IAV H16 v s ai3S a I� C V V1 R J a I� a C V R J � Z - - -- aAd HIS ENO M O � 3AV H19 —Fri r L Q) PENA A M t^ r--� MI H LL W OHO a � N � N a� ct � u v 4 � � IAV H,L8 Q 3 Til'�'� � 3AV H16 � TTT_u C� N (ssautsng 71-3 7 Planning Commission Minutes 1/17/2013 Rezone from C -1 (Retail Business) to R -3 B. Rezone (Medium Density Residential) (Michael & Mindy Newton) (MF# Z 2012 -0051 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone from C -1 (Retail Business) to R -3 (Medium Density Residential). The property currently contains approximate .24 acres and contains a residential tri -plex. The applicant wishes to rezone the property because it is currently a non - conforming use in the C -1 Zoning District. Zoning records indicate that it has been zoned C -1 for at least 33 or more years but in the early 1980's residential uses were removed from those permitted in the C -1 Zone, thus establishing its non - conformity. The City of Pasco's Comprehensive Plan shows this area to be within a mixed residential land use designation which allows for a variety of residential land uses. Commissioner Levin asked what the applicant wishes to do with the property after it is rezoned. Mr. White answered that the applicant would either like to refinance or sell the property. There are difficulties with lending institutions when a property is non - conforming. The public hearing opened and a representative of the applicant spoke. Thadd, Williams, 529 N. Montana Street, Kennewick, WA spoke on behalf of the applicant as their realtor. The property is under contract but the process has been slowed down due to the lending process with the property being in non - conformance. The public hearing closed. Commissioner Khan moved, seconded by Commissioner Greenaway, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the February 21, 2013 meeting. The motion passed unanimously. Planning Commission Minutes 2/28/2013 B. Rezone Rezone from C -1 (Retail Business) to R -3 (Medium Density Residential) (Michael & Mindy Newton) IMF# Z 2012 -0051 Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, stated there were no additional comments since the previous meeting. Commissioner Anderson moved, seconded by Commissioner Greenaway, to adopt the findings of fact and conclusions therefrom as contained in the February 28, 2013 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council approve the rezone from C -1 (Retail Business) to R -3 (Medium Density Residential). The motion passed unanimously. Mr. White explained that this will go to City Council at their next regular meeting unless an appeal is filed. AGENDA REPORT FOR: City Council March 5, 2013 TO: Gary Crutchfie C Manager Regular Mtg.: 3/18/13 Rick White, Community & onomic Development Director FROM: Jeffrey B. Adams, Associate Planner SUBJECT: SPECIAL PERMIT (MF# SP 2012 -028): Location of a Childcare Facility in a C- 1 District I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 01/17/13 and 02/28/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/18: MOTION: I move to approve Resolution No. approving the special permit for location of a childcare facility in a C -1 District at 1803 West Bonneville Street as recommended by the Planning Commission, III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On January 17, 2013, the Planning Commission conducted a public hearing to determine whether or not to recommend location of a childcare facility in a C -1 District at 1803 West Bonneville Street B. Following the conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the childcare facility. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(c) RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR LOCATION OF A CHILDCARE FACILITY AT 1803 WEST BONNEVILLE STREET. WHEREAS, Elodia Gutierrez submitted an application for location of a childcare facility in a C -1 District at 1803 West Bonneville Street; and, WHEREAS, the Planning Commission held a public hearing on January 17, 2013 to review the proposed preschool expansion; and, WHEREAS, following deliberations on February 28, 2013 the Planning Commission recommended approval of a Special Permit for the proposed preschool with certain conditions; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Elodia Gutierrez for location of a childcare facility in a C -1 District under Master File # SP2012 -028 with the following conditions: a) The special permit shall apply to parcel #112 223 657; b) The property shall be maintained in substantial conformity with the original daycare site plan; c) The applicant shall maintain a current Department of Social and Health Service license at all times for the activities allowed within the buildings; d) The number of children allowed shall be determined by the strict application of the Department of Social and Health Services (DSHS) day care criteria and shall in no case exceed 50 children (to maintain consistency with the previous special permit); e) The applicant shall maintain a play area and play area fencing sufficient to meet the requirements of the Department of Social and Health Services; f) The pick -up and drop -off area shall not be in the public right -of -way; g) Any and all required improvements shall be completed by July 30, 2013; h) This special permit shall be null and void if a City of Pasco business license is not obtained by July 30, 2013. Passed by the City Council of the City of Pasco this 18th day of March, 2013. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Leland B. Kerr, City Attorney REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2012 -28 HEARING DATE: 01 -17 -13 ACTION DATE: 02 -28 -13 APPLICANT: Elodia Gutierrez 1604 E Broadway St Pasco, WA 99301 REQUEST FOR SPECIAL PERMIT: Location of a Childcare Facility in a C -1 District 1. PROPERTY DESCRIPTION: Legal: Parcel # 112 223 657: Lots 14 -16, Block 9, Columbia Addition General Location: 1803 West Bonneville Street Property Size: 17, 250 square feet or approximately .40 acres 2. ACCESS: The site has access from both 18th Avenue and Bonneville Street. 3. UTILITIES: All city utilities are available to the site 4. LAND USE AND ZONING: The property is currently zoned C -1 (Commercial Retail). NORTH: R -1 - Single Family Residences SOUTH: C -1 - Motel 8v Restaurant EAST: R -1 - Single family residences WEST: R -3 - Single Family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as the transition between commercial and low density residential. The plan does not specifically address day care centers, but various elements of the plan encourage protection of the established residential character. Policies of the plan also encourage locating businesses in appropriate locations for their anticipated uses and provision of adequate off - street parking. Policies of the plan encourage the provision of services in close proximity to the residences they serve. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - Significance (DNS) has been issued for this project under WAC 197- 11 -158. i ANALYSIS The application involves the use of a facility which was previously permitted for daycare use (2002 and 2005), The site contains a 2,400 square foot office building. The building is oriented to the intersection of 18th Avenue and Bonneville Street with a paved parking lot located between the building and intersection. The applicant's proposal involves the operation of a day -care center for up to 40 children and 6 employees. The site is large enough to accommodate a play area for 25 to 30 children at a given time. The site is located close to Lewis Street, which is a major east /west arterial and as such has good access. Although the proposal is not specifically considered as a commercial use, it does share some of the qualities. The additional traffic generated by the daycare will not exceed that typically generated by uses permitted in the underlying C -1 zone. The last daycare facility special permit (Master File #05 -76 -SP from 2005) was approved with the following conditions: 1. The special permit shall be personal to the applicant; 2. The property shall be maintained in substantial conformity with the site plan submitted with the application; 3. The applicant shall maintain a current Department of Social and Health Service license at all times for the activities allowed within the buildings; 4. The number of children allowed shall be determined by the strict application of the DSHS day care criteria and shall in no case exceed 50 children; 5. The applicant shall maintain a play area and play area fencing sufficient to meet the requirements of the Department of Social and Health Services; 6. The pick -up and drop -off area shall not be in the public right -of -way; 7. The special permit shall be null and void if a business license has not been obtained by January 5, 2006. INITIAL FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located in a C -1 zone, and contains 17,250 square feet. 2. The building was originally built for a law office and used as such for many years. 3. The property was licensed in 2003 and again in 2005 for daycare use and has been used as a daycare facility since with a license for up to 50 children. 4. The current application is the result of a change in ownership. 5. The site is developed with a parking lot, landscaping, and a fenced playground area. 6. A motel/ restaurant is located directly to the south. 7. Apartment buildings are located to the west. 8. Residential neighborhoods are located to the north and east. 9. A State license will be required for the operation of a daycare facility. INITIAL CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not the proposal meets the following criteria: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Daycare Centers are not specifically discussed in the Comprehensive Plan but various elements of the plan encourage locating businesses in appropriate locations for their anticipated uses and provision of adequate off street parking. The site is located along a minor collector street and near a major arterial. Policies of the plan encourage the provision of services in close proximity to the residences they serve. The site is surrounded by residential uses on the north, east, and west. (2) Will the proposed use adversely affect public infrastructure? 7 A minor collector street as well as all municipal utilities serve the proposed site. The utilities serving the property are sized to serve utility demands of greater intensities than the proposed use. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Surrounding properties are developed with a mix of commercial and residential land uses ranging from a motel /restaurant to apartments, duplexes and single - family homes. A daycare center at this location will function as a transitional use and can be expected to operate in harmony with the existing neighborhood. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? This proposal will not affect development of permitted uses in the area as it involves using an existing single -story structure; no structural alterations have been proposed. Furthermore, the apartment buildings to the west and motel to the south are both two -story structures. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The C -1 zoning allows a wide variety of land uses including restaurants, taverns, carwashes, automotive repair and other retail uses which typically generate more noise, fumes and vibrations than the proposed use. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The traffic and noise generated by this use will have a very low probability of creating a nuisance for surrounding properties, and can be expected to provide an appropriate transitional use to the existing residences to the north and east. TENTATIVE APPROVAL CONDITIONS 1) The special permit shall apply to parcel # 112 223 657; t, 2) The property shall be maintained in substantial conformity with the original daycare site plan; 3) The applicant shall maintain a current Department of Social and Health Service license at all times for the activities allowed within the buildings; 4) The number of children allowed shall be determined by the strict application of the DSHS day care criteria and shall in no case exceed 50 children (to maintain consistency with the previous special permit); 5) The applicant shall maintain a play area and play area fencing sufficient to meet the requirements of the Department of Social and Health Services; 6) The pick -up and drop -off area shall not be in the public right -of- way; 7) Any and all required improvements shall be completed by July 30, 2013; 8) This special permit shall be null and void if a City of Pasco Occupancy Registration is not obtained by July 30, 2013. MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the February 28, 2013 staff report. MOTION: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit for the location of a preschool operation at 1803 West Bonneville Street, with conditions as listed in the February 28, 2013 staff report. 5 F' :s 4 -Moor H11_ 71 cn j v N a? V f �� �� ♦ 1 ct TT C J HIS L ct V N " _- • -� 1. t eu ct U.. 4 v,J Q `t �Wk ai W FM dip U _ ,m AMA VKI� I3AO V HI r IV /jam r � - E z 3AV HILL N � O = ci N � � un a c ct N 3AV HIS 4 N c O 0 y �W o ; J LM Ct W LU ct +� •— Q� = a z C ° 1- m ° 3AV H16 L y ti 4 z and H11 Fm o CO) N � � DO 3" HIS L N,c p cq a) Cl) ct N r' CO mi z N w ct� c� ' W Z r � N o 3" HJL L CO GA y N � _._, _. __ I • �1 0 ri � Y D� D .pit �a �Z 4 ' 4 A- 2 Planning Commission Minutes 1/17/2013 A. Special Permit Location of a Childcare Facility in a C -1 District (Elodia Gutierrez) IMF# SP 2012 -0281 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the special permit for the location of a childcare facility in a C -1 District. There have been two special permits granted for this property over the years, both for a daycare facility. The building has been remodeled, the playground installed and the facility meets all state standards for a daycare. The applicant applied for this special permit because the previous special permits were personal to the applicant and not the property. Chairman Cruz asked if the applicant has had a chance to review the approval conditions prior to the meeting. Mr. McDonald answered that the staff report had been mailed to the applicant. The public hearing opened but with no questions or comments the public hearing closed. Commissioner Anderson moved, seconded by Commissioner Levin, to close the public hearing and schedule deliberations for City Council for the February 21, 2013 meeting. The motion passed unanimously. Planning Commission Minutes 2/28/2013 A, Special Permit Location of a Childcare Facility in a C -1 District (Elodia Gutierrez) IMF# SP 2012 -0281 Chairwoman Kempf read the master file number and asked for comments from staff. David McDonald, City Planner, stated there were no additional comments since the previous meeting. Commissioner Hilliard moved, seconded by Commissioner Khan, to adopt the findings of fact and conclusions therefrom as contained in the February 28, 2013 staff report. The motion passed unanimously. Commissioner Hilliard moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit for the location of a preschool operation at 1803 West Bonneville Street, with conditions as listed in the February 28, 2013 staff report. The motion passed unanimously. Mr. McDonald explained that this will go to City Council at their next regular meeting unless an appeal is filed. 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 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 3/18: 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. 10(a) 1� W W 0 U) z 0 U) z w x w J J W CL 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 Consultants status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultants 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 , 2013 CITY OF PASCO CONSULTANT Gary Crutchfield, City Manager ATTEST Debbie Clark, City Clerk Nick Alkali APPROVED AS TO FORM Leland B. Kerr, City Attorney W0' Zv C �!w )r a O .y C d x W n f6 O w m 2 y rL as to M .� W Q d to w Q L J a c �+ w U a O F U d H U c U O C Oct H w d C N c w W d m w C C C o w M d d C a w` SOO v � c U 'Q a� c W N d U) v m d � •T' °a �- � U Y N IOPOO °o N N N N co 0 0 N N � 0 M M m O D N 0 cog 0 N N � °o N N O N co N m 2m t0 N O N o �! N p N V N m M LL J C O r N N M M m pm) m cc W w -r m N N N O) v m N p m ._ � n a k f9 M N � y r ai N a m � 'E aD a O O � w O fr C A N M 10 p CC O N O C U N ry ~ d U c Y c °o N N N N co 0 0 N N � 0 M M m O D N 0 cog 0 N N � °o N N O N co N m 2m °o N 0 N o �! a y V N m M °o N N N N co 0 0 N N � 0 M M m O D N 0 cog 0 N N � °o N N O N co N x m 2m N 0 N o �! a y w o LL J C O O � m o m � \ E v 0 0 m � a k ai N a m a 'E aD a O O � w x w 0 0 a w M LL C � � O U ER v 0 a ai N � m d f O m fr C A 'A C CC O N O C U d O ~ d U c Y c 2 d m d E E o f c A w v c m m 0 m c c m d U w J 2 m N U iJ N O w�v o. E x ti A R N M e N a m 0 F 1- H H Fes- FO- x w a w LL C O U v 0 a ai m d f A 'A C N~ 7 • 0 U d O ~ v c c 2 'o i- in C� 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 %) Desigr 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(approxi mate ly 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"