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HomeMy WebLinkAbout2005.07.25 Council Special Meeting Packet AGENDA PASCO CITY COUNCIL Special Meeting 7:00 p.m. July 25,2005 1. CALL TO ORDER. 2. ROLL CALL 3. BUSINESS ITEMS: (a) Final Plat: The Villages at Chapel Hill (MT-III,LLC) (MF#05-108-FP): 1. Agenda Report from David 1. McDonald, City Planner dated July 20, 2005. 2. Copy of Final Plat (Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. 4. ADJOURNMENT. AGENDA REPORT NO. 60 FOR: City Council DATE: 7/20/05 TO: Gary Crutchfi i Manager WORKSHOP: Richard J. Sm , Di ector SPECIAL MEETING: 7/25/05 Community an Economic Development FROM: David McDonald, City Planne SUBJECT: FINAL PLAT - The Villages at Chapel Hill (MT-III LLC) (MF #05- 108-FP) I. REFERENCE(S): A. Copy of Final Plat (Council packets only-Copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for the Villages at Chapel Hill. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Villages at Chapel Hill. The developer is now seeking final plat approval. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed all improvements except a sound wall. The developer has provided the City with a bond in an amount sufficient ($287,000) to cover the costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(a) VIGNIVMAC jj-�,M; VILLA6F5 at CHAPEL MILL APPS CCANf: Mf-I I f LI c ME AMp!-SUI75 �, ,,nWOT�L o R N RD 5OF [3ALL iii 10 . Qilwa HILL KIM 3 oa u,ue 3 CO 4& Faa AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. July 25,2005 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Franklin County Mosquito Control District Presentation. (NO WRITTEN MATERIAL ON AGENDA). Presented by Brian Benner, District Manager, Franklin County Mosquito Control District. (b) Landscaping Regulations Code Amendment(MF#04-45-CA): 1. Agenda Report from David I. McDonald, City Planner dated July 7, 2005, 2. Summaries of the Proposed Code Changes. 3. Proposed Ordinance. 4. Memos to the Planning Commission. 5. Exhibits Provided to the Planning Commission. 6. Planning Commission Minutes dated 4/21/05 and 5/26/05. (Items 3-6 in Council packets only; copies available in the Planning office and Pasco Library for public review.) (c) Tri-Cities Metro Drug Task Force Funding Status: 1. Agenda Report from Denis Austin, Police Chief dated July 21, 2005. 2. Letter from Washington State Task Force Program Manager, dated 5/11/05. (d) Interagency Agreement for Summer School Services: 1. Agenda Report from Denis Austin, Chief of Police dated July 19, 2005. 2. Proposed Interagency Agreement. (e) Interagency Agreement for School Resource Officers: 1. Agenda Report from Denis Austin, Chief of Police dated July 19, 2005. 2. Proposed Interagency Agreement. (f) Restriping Sylvester Street: 1. Agenda Report from Robert J. Alberts,Public Works Director dated July 19, 2005. 2. Map showing responses from Sylvester Street Questionnaires. (g) Professional Services Agreement with JUB Engineering, Inc., for Construction Management and Inspection Services: 1. Agenda Report from Robert J. Alberts,Public Works Director dated July 20, 2005. 2. Proposed Agreement. (h) Amendment#4,Ainsworth Overpass Agreement: 1. Agenda Report from Robert J. Alberts, Public Works Director dated July 20, 2005. 2. Proposed Amendment to Port of Pasco Agreement. (i) Ainsworth Overpass Engineering Services Agreement: 1. Agenda Report from Robert J. Alberts,Public Works Director dated July 21, 2005. 2. Proposed Anderson-Perry & Associates, Inc., Agreement. (Council packets only; copy available in Engineering Office and Pasco Library for public review.) (j) Amendment No. 1 to the HDR Engineering Professional Services Agreement for the Composite Reservoir Project: 1. Agenda Report from Robert J. Alberts, Public Works Director dated July 14, 2005. 2. Amendment No. 1. (k) Appointment Process for City Boards and Commissions: 1. Agenda Report from Gary Crutchfield, City Manager dated July 20, 2005. 2. Proposed Revision to Resolution No. 2803. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) Workshop Meeting 2 July 25,2005 5. EXECUTIVE SESSION: (a) (b) {c) 6. ADJOURNMENT. REMINDERS: 1. 4:00 p.m., Monday, July 25, Port of Benton — Hanford Area Economic Investment Fund Board Meeting. (COUNCILMEMBER MATT WATKINS) 2. 7:30 a.m., Thursday, July 28 — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER TOM LARSEN) 3. 4:00 p.m., Thursday, July 28, Three-Rivers Convention Center — TRIDEC Board Meeting. (MAYOR MIKE GARRISON,Rep.; COUNCILMEMBER MATT WATKINS) 4. 5:30 p.m., Thursday, July 28, 710 W. Court Street — Community Action Committee Meeting. (COUNCILMEMBER EILEEN CRAWFORD, Rep.; JOE JACKSON, Alt.) 5. 7:00 p.m., Thursday, July 28, 800 W. Canal Drive — Benton-Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) AGENDA REPORT NO. 40 FOR: City Council Date: July 7, 2005 TO: Gary Crutchfieic'-nomit anager Workshop: 7-25-05 Richard J. Smiit or Regular: Community &v Develo ment FROM: David McDonald, City Planner - SUBJECT: Landscaping Regulations Code Amendment ( 5-CA MF # 04 4 ) I. REFERENCE(Sl: A. Summaries of the Proposed Code Changes B. Proposed Ordinance* C. Memos to the Planning Commission* D. Exhibits Provided to the Planning Commission* E. Planning Commission Minutes Dated 4/21/05 & 5/26/05* *(Note: Items B-E are in Council packets only-Copies available in Planning Office for public review) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/25/05 Review and Discussion III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. Last year the City retained the services of a Landscape Architect to assist with updating the landscaping regulations. B. The consultant made a presentation at a Planning Commission public hearing in May. As a result of the public hearing the Planning Commission recommended the landscaping regulations be amended as per the code proposal in attachment "A". V. DISCUSSION: A. The zoning regulations were enacted to promote the heath, comfort, prosperity and general welfare of the community. The zoning regulations are also designed to promote a favorable environment for citizens and visitors, to improve property values and to create a more serviceable and attractive city. The purposes of the zoning regulations are furthered through the application of the various chapters of the regulations such as the Landscape and screening chapter. The landscaping regulations play a significant role in ensuring property values are preserved and improved. The landscaping regulations also contribute to the promotion of a more attractive city with a favorable environment for residents. Amendments to the landscape regulations must support the purposes statement of the zoning regulations. B. Three separate chapters (25.50, 25.58 & 25.76) of the zoning regulations contain provisions dealing with landscaping. The proposed code amendment eliminates the redundancy in these three chapters by consolidating common requirements in one chapter. C. A majority of the proposed code changes are found in the 3��) landscaping and screening chapter (25.76) of the zoning regulations. The summaries of proposed code changes, included as attachment. "B", describe the significant changes being proposed. D. One of the major concerns for updating the landscaping regulations was the issue of water conservation. The proposed regulations addresses this issue by: (1) Providing a definition for xeriscape; (2) The encouragement of plant selection that adapts to the local climate; (3) Grouping plants with similar water use characteristic in distinct hydrozones; and (4) Requiring water-conserving, automatic or drip irrigation systems. . E. The greatest water conserving feature of the landscape code is the option the code provides property owners for landscaping residential lots. Less than 10 percent of a typical residential lot is required to 0 percent of the front and area is required by be landscaped. Only 5 Y p Y p the code to be landscaped. Side yards and rear yards are not required to be landscaped and therefore are not required to be watered. Requiring landscaping in front yard areas supports the purposes of the zoning regulations to promote a more attractive city and preserve property values. F. The City's consultant will be present during the workshop to review the proposed code changes with the City Council. i' Summary of Proposed Code Changes Chapter 25.50 BP Business Park District Section 25.50.060 Development Standards • Subsection (6) was modified by elimination of standards for the required number of trees, the requirement for regular maintenance and requirements for loading dock screening. These items are all covered in Chapter 25.75 Landscaping and Screening. Section 25.50.070 Site Plan Approval Required • The 16 requirements for preparing site plans were eliminated. These items are all contained in Chapter 25.75 Landscaping and Screening. Summary of Proposed Code Changes Chapter 25.58 I-182 Corridor Overlay District Section 25.58.040 Plan Required • Redundant plan requirements were eliminated Plan requirements are contained in Chapter 25.75 (Landscaping and Screening). Section 25.58.040 Screening Required Chapel Hill Boulevard was added to the list of street under subsection (3) • All screening requirements of the landscape regulations the I-182 regulations and the BP regulations have been centralized in this section Section 25.58.040 Conditions of Approval • Redundant language was eliminated. The standards are all contained in Chapter 25.75 (Landscaping and Screening). .Section 25.58.060 Landscape Standards • Redundant standards were eliminated. The standards are all contained in Chapter 25.75 (Landscaping and Screening). Section 25.58.070 Landscaping Maintenance • Redundant language removed. The standards are all contained in Chapter 25.76 (Landscaping and Screening). Section 25.58.090 Screening Standards • Redundant language on screening refuse containers and loading docks was eliminated. The standards are all contained in Chapter 25.76 (Landscaping and Screening). i SummaLry of Proposed Code Changes Chapter 25.75 Landscaping and Screening Chapter 25.76 Landscaping and Screening • Repealed and replace by Chapter 25.75 Section 25.75.020 Applicability • Subsection (3) was added for existing residential properties Section 25.75.030 Definitions • Subsection (1) eliminates artificial vegetation. • Subsection (6) added definition of garden. Subsection (3) live vegetation includes xeriscape • Subsection (7) added definition of Xeriscape. Section 25.75.040 Screening Required • Chapel Hill Blvd was added to the list of streets for screening under subsection (3). • All screening requirements for the landscape regulations, the 1-82 regulations and the BP regulations have been centralized in 25.75.040 Section 25.75.050 Design Standards • Subsection modified to added exception for fence height measurement to accommodate irregular topography such as in Desert Plateau. • Subsection (1) (e) modified to expand the prohibited types of fencing to include horseman wire mesh and several other wire fences from • Added Subsection (1)(q permitting suburban fences (brick pillars and wrought iron to legitimize the fences on Court St. and other areas) five feet in height in front yards of lots in the S--S 20 zone. • Deleted the section on prohibiting posts and rails exposed to a street and moved to another section. • Deleted and moved sections dealing with irrigation, lawns, landscaping in the right-of-way and the use of bark and stone mulch. • Subsection (3) dealing with buffers between residential and commercial uses must now contain 40% evergreen trees. Trees must be spaces 15 feet apart rather than 50feet apart. Added a provision calling for 1 shrub every 8 lineal feet spaced no more than 16 feet apart. • Subsection (3) (B)(5) requires parking lots adjacent properties in less intense zoning districts to be treated with 100% live vegetation. • Subsection (5) has been modified to clearly require all areas of a lot not landscaped or covered with improvements to be maintained to control erosion and dust. Gardens in residential districts are excluded. Section 25.75.060 Special Design Standards • Subsection (1) changed to explain the special landscaped area on Sandifur Parkway is between Broadmoor Blvd and Rd 68. • Subsection (2) changed to distinguish between the standards above I-182 and below I-182 on Broadmoor Blvd. • Subsection (4) added for Chapel Hill Blvd. • Subsection (6) changed to make it clearer that commercial development is responsible for maintenance of landscaping in the public right-of-way. This subsection was also modified to reflect the actual practice of assess an impact fee for planning strips on arterials adjacent new subdivisions. Section 25.75.070 Parking Lot Standards • Subsection (2) adds language explaining interior landscaping is required in all parking lots with over 10 spaces to reduce visual impacts and runoff. It also explains that the buffer strips along street rights-of-way do not count toward the required landscaping in parking lots. • Subsection (2)(a) changes the formula for determining the required landscaping in parking lots from a percentage formula to a square footage formula. The change increases the landscaping requirements in parking lots by 3 to 10.5 percent. The bigger the parking lot the greater the landscaping requirement. The current code requires a lower percentage in bigger parking lots. • Subsection (2)(b) & (c) explain how landscaping is to be distributed in parking lots. The current code is silent on landscaping distribution. • Subsection (3) requires 65% live vegetation rather than the current 50%. • Subsection (6) requires one tree per 6 parking spaces. Current code requires one tree per 200 square feet of required Iandscaped area. • Subsection (7) requires trees to be evenly dispersed in parking lots. (No more stacking them all in the back or side of the building like Yokes did.) • Subsection (8) requires parking lots with 400 or more spaces to have a pedestrian walkway through the parking lot from the street sidewalk to the entrance of the main building: (This is a growing trend in strip centers in California. The new Wal-Mart in Sequim, WA has one of these walks) Section 25.75.080 Standards for All Landscaped Areas • This is a new section explaining the standards for plants, planting and irrigation. • The caliper and height of trees is specified. • Container size for shrubs is specified. • Plants of similar water use characteristics must be grouped together in distinct hydrozones. • Water conserving automatic or drip irrigation systems are to be provided. . • Xeriscape areas may use alternate forms of irrigation Section 25.75.090 Plan Required • Expands considerably on the current plan requirements. • Requires plans to be prepared by a State certified nurseryman, landscaper of landscape architect. • Requires landscaping to be installed to coincide with completion of the building. Residential units are permitted 90 days to complete landscaping after issuance of a "C O". Section 25.75.100 Conditions of Approval • Language modified slightly. Plans require planning approval. Section 25.75.110 Relief • Fee changed from $15.00 to $100.00 Section 25.75.120 Maintenance Responsibility • Language has been modified slightly and rearranged. AGENDA REPORT FOR: City Council July 21, 2005 TO: Gary Crutchfi anager Workshop Mtg.: 7/25/05 FROM: Denis Austin, olice Chief SUBJECT: Tri-Cities Metro Drug Task Force Funding Status I. REFERENCE(S): 1. Letter from Washington State Task Force Program Manager, dated 5/11/05 . II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Informational Purposes Only III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In 1988, Kennewick, Pasco, Richland, West Richland, Prosser, Connell, Washington State Patrol and Benton & Franklin Counties formed the Tri-Cities.Metro Drug Task Force. The Metro Drug Task Force was created to address the regions flourishing illicit narcotics trafficking trade and related crimes. In the beginning, the.Task Force had fourteen officers assigned, along with three support staff and a prosecutor from each county. Federal grant funding for the Task Force over the first three years of operation grew to $340,000. In FY 1995, funding saw a decrease of$89,900, which was the beginning of a downward trend in grant funding. To shore up the operating costs, the budget was supplemented with asset forfeiture money. Asset forfeiture revenues have continued to decline on a yearly basis with minimum funds now .available. This is due to the ever-changing forfeiture laws that limit law enforcements efforts to seize the criminal's proceeds of drug crimes. In 2005, the Task Force received notification that there would be a forty percent cut in federal funding statewide. The FY 2006 grant approval reflected a 24% (or $71,000.00) cut in our annual funding. The funding cuts were absorbed by the participating agencies, with remaining asset forfeiture funds utilized in order to finalize a current operating budget. During this same period, we received notice that there would probably be no task force grant funding beginning July of 2006, leaving the Task Force participants to find ways to fund the approximate $300,000 shortfall. Pasco/Franklin County's portion of this loss of funding represents about 40% of the total (or about$120,000 annually). The Pasco Police Department has provided Administrative and Supervisory direction for the Task Force since 1996. The Chief of Police and ISD Captain provide administrative oversight on a part-time basis, while a Pasco Police Sergeant provides daily supervision. .Pasco also provides an investigator along with two from the City of Kennewick, while Richland, Benton County, and Franklin County provide one investigator each. A prosecutor from each county is assigned Metro cases. Two support staff persons provide clerical support. From 2000 through 2004, the Tri-Cities Metro Drug Task Force has opened and investigated 1693 cases,executed 406 search warrants, arrested 643 narcotics traffickers, dismantled 187 meth labs, and made 269 non-metro related arrests. In the past five years, narcotics with an estimated street value of approximately twelve million dollars have been seized. The Metro Drug Task Force_is the only formalized narcotics investigative unit for the Tri- Cities Region and alleviates the need for each law enforcement agency to create its own individual narcotics units. V. DISCUSSION In order to maintain the level of narcotics enforcement, Pasco and the balance of the Tri- Cities community, will need to accept full funding responsibility next year. 3(c) i i STATE OF WASHINGTON _ Y TRADE AND ECONOMIC DE.""El Di r , . JA May 11,2005 Chief Denis Austin City of Pasco Police Department 5 25 North Third Pasco,Washington 99301-0293 RE: Justice Assistance Grant Dear Chief Austin-. This letter memorializes our recent conversation concerning the future of the federal Bureau of Justice Assistance grant to state and local agencies in support of multi jurisdictional narcotics task forces. As you are aware,the Justice Assistance Grant(formerly the Edward Byrne Memorial Grant)has exceeded the normal lifespan of a federal grant by more than a decade. The assumption has always been that the burden for funding narcotics task forces wm&.:g�adually shift to local jurisdictions. Post 9111,competing federal priorities have made that assumption a reality. We have seen reductions in state allotments in each of .the past three federal fiscal years—none as significant as the 40%cut for the current year. Unfortunately,the President and House budgets eliminate funding for this program in the following federal fiscal year. Therefore,unless current law enforcement lobbying efforts are successful and funding is restored to the grant,there will be no money available after June 30,2006 for task forces,including prosecutor support and W SP participation. Furthermore, it is not likely that our state legislature will find a new funding stream to replace the grant. In short;we at CTED believe federal support for task forces,outside of the High Intensity Drug Trafficking Areas(HIDTA),will cease next year. The HIDTA program will continue to make funding available for equipment and investigative expenses,but there is no plan to expand HIDTA funding to include per costs. Local jurisdictions will simply have to find other funding streams for task force staffing: In summary: local iniilti jurisdictional task farces,working collaboratively with one another and with federal agencies, continues to be the most effective law enforcement strategy to impact organized drug-crime in our state..Your task force demonstrated its value to that strategy in the recent funding application review,and was awarded funding for 2005-2006 at the highest available level. The Tri-Cities area and the state of Washington can ill afford losing the Tri-Cities Metro Drug Task Force. I am at your service to support your endeavors to secure a stable funding source however 1 can. rr Sincefely, 7 ,. Dan Davis Task Force Program Manager DD:sw ;;:� AGENDA REPORT FOR: City Council July 19, 2005 TO: Gary Crutchfi Manager Workshop Mtg.: 7/25/05 Regular Mtg.: 811105 FROM: Denis Austin, hie Polic SUBJECT: Interagency Agreement for Summer School Services. I. REFERENCE: A. Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 7/25:Discussion 8101:MOTION: I move to approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Pasco School District Funds - $ 9,566 IV. HISTORY AND FACTS BRIEF: School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The School District has requested an extension of the SRO services for the 2005 Summer School at Pasco High School. Normally, SRO services are not provided during summer months. However, this year the School District has consolidated all summer school programs at Pasco High School, which places a large number of students at one school. As a proactive measure, the School District has requested SRO services for eight hours each summer school day. There are 34 summer school days from June to August. SRO's are assigned to work normal patrol duties when school is not in session. V. DISCUSSION: The proposed Interagency Agreement is effective June through August 2005, and provides one School Resource Officer for the 2005 Summer School. The School District will reimburse the City for the salary and fringe benefits costs for one officer at the top salary level for police officer for eight hours during 34 summer school days. As evidence of their intention to move forward with the proposed Interagency Agreement the School District has committed funds to reimburse the City for the wages and benefit costs for one School Resource Officer. 3(d) INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco,Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." It is the purpose of this agreement to: 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the .City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving,but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. It is therefore mutually agreed that: 1. Statement of, Work. The City shall famish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Station a full-time uniformed police officer at Pasco High School for eight hours each day during the 34 days when summer school is in session during the months of June through August 2005. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 5 b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of.the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence in June 20, 2005 and be completed in August 5, 2005 unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section 1.a. of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing one officer for 34 days as follows: a. For June 20, 2005 through August 5, 2005, an estimated total of nine thousand five hundred sixty-six dollars ($9,566.00). Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. b. Due to early release days and other regularly scheduled non-school days when an officer's presence is not required for a full eight (8) hours, in consideration for compensation as stated in section 4.a. above, the City agrees to provide one officer during the summer school for activities outside of the regularly scheduled school assignment. Requests for an officer's presence at school activities outside of the officer's regularly scheduled school assignment during the summer school will be compensated separately at the estimated rate of$35.17 per hour. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 5 6. Funding. If for any reason the District exhausts its budgeted fiinds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap in: a. Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part; and b. Denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, delivery of services contemplated by this agreement or otherwise afforded others hereunder. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. S. Records Maintenance, The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be Interagency Agreement between Pasco School District No. I and the City of Pasco. Page 3 of 5 committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 12. Termination. Except as otherwise provided in this agreement,either party may terminate this agreement upon sixty days (60 days) written notification. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Director of Student Services 1215 West Lewis Street Pasco,WA 99301 And to the City at: Chief of Police Pasco Police Department 525 North 3ra Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 5 In Witness whereof, the parties have executed this agreement effective this day of 2005. I City of Pasco: Pasco School District No. 1 Michael L. Garrison Ricardo Espinoza Mayor President, Board of Education Attest: Webster Jackson Saundra Hill City Clerk Superintendent Approved as to Form: Leland Kerr Sarah Thornton City Attorney School District Counsel Interagency Agreement between Pasco School District No.1 and the City of Pasco. Page 5 of 5 AGENDA REPORT FOR: City Council July 19, 2005 TO: Gary Crutchfi y anager Workshop Mtg.: 7/25/05 Regular Mtg.: 8/1105 FROM: Denis Austin, ief of Police SUBJECT: Interagency Agreement for School Resource Officers I. REFERENCE: A. Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 7125:Discussion 811: MOTION: I move to approve the two-year Interagency Agreement with the Pasco School District for school resource officers and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: City Funds: $121,300/year ($68,064 for part of 3 officers and$53,236 for part of officer/instructor) Pasco School District Funds: $173,644/year($153,144 for part of 3 officers and $20,500 for part of officer/instructor) IV. HISTORY AND FACTS BRIEF: School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. SRO's are assigned to work at their assigned school for eight hours each scheduled school day. There are 1,80 school days each year from August to June, or about nine months. SRO's are assigned to work normal patrol duties when school is not in session. The Interagency Agreement between Pasco School District and. the City of Pasco provides one SRO at Stevens Middle School, one SRO at Ochoa Middle School, and one SRO at Pasco High School. The Pasco School District also pays to have an officer instructor teach an anti-bullying curriculum 580 hours each year. V. DISCUSSION: The proposed Interagency Agreement is a two-year agreement effective August 2005 through June 2007, and provides three (3) School Resource Officers. The School District will reimburse the City for the salary and fringe benefits costs for three (3) officers at the top salary level for police officer for 180 school days per year. As evidence of their intention to move forward with the proposed Interagency Agreement, the School District has signed the agreement and committed funds to reimburse the City for the wages and benefit costs for three School Resource Officers and the officer instructor. VI. OTHER COMMENTS: It is understood by both parties that negotiations for a successor Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officer's Association are ongoing. A settlement of the contract will ultimately include an increased wage provision for 2005 and 2006. Any increase in the wage rates or fringe benefit costs for the officers would require an adjustment of the reimbursement costs paid by the School District for services in 2005, 2006, and 2007. 3(e) INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco,Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1 hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." It is the purpose of this agreement to: 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving,but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other . situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Station a full-time uniformed police officer at each of the following schools during the 180 days when school is in session during the months of August through June: Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page t of 6 (1) Pasco High School (8 hours/day) (2) Stevens Middle School (8 hours/day) (3) Ochoa.Middle School (8 hours/day) b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; , d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. f. Assign one uniformed police officer to instruct the Anti-Harassment and Bullying Program curriculum in the grade schools within the city limits of Pasco, with the emphasis being on the fifth grade. The maximum number of hours the officer is available to train for, prepare, and instruct the anti-harassment and bullying curriculum is five hundred eighty (580) work hours or seventy-two and one-half (72.5) workdays. This work will be performed during two and one-half (2.5) workdays each week (totaling twenty hours) for twenty-nine (29) school weeks. The scheduled work hours will be: .(1) Tuesdays and Thursdays (8 hours/day), and (2) Wednesdays (4 hours/day) 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence in August 2005 and be completed in June 2007 unless terminated sooner as provided herein. Except that work performed by the Officer Instructor specified in item l.f. shall comm.ence in October and be completed in May (29 school weeks) of each school year. The principal of each building shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section La. of the Agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 6 4. Payment. Based upon the negotiated wage agreement between the City and the police officers collective bargaining unit, the District shall reimburse the City for its expenses in employing three (3) officers for nine (9) months each year of this agreement as follows: a. For August 2005 through December 2005, an estimated total of sixty-five thousand six hundred eighty-three dollars ($65,683,00). b. For January 2006 through June 2006, an estimated total of eighty-five thousand thirty-two dollars ($85,032.00). C. For August 2006 through December 2006, an estimated total of sixty-eight thousand twenty-five dollars ($68,026.00). d. For January 2007 through June 2007, an estimated total of eighty-eight thousand one hundred four dollars ($88,104). Actual amounts are to be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. e. Due to early release days and other regularly scheduled non-school days when an officer's presence is not required for a full eight (8) hours, in consideration for compensation as stated in section 4 above, the City agrees to provide officers during the school year for activities outside of the regularly scheduled school assignment. Requests for an officer's presence at school activities outside of the officer's regularly scheduled school assignment during the school year will be compensated separately at the estimated rate of$34.21 per hour for 2005, $35.43 per hour for 2006, and $36.71 per hour for 2007. 5. B illing Procedure. The City shall submit a monthly invoice or billing statement to the District, Payment shall be made to the City according to the regular procedures of the District. 6. Funding. In addition to the costs associated with the School Resource Officers, funding for an officer to instruct anti-harassment and bullying curriculum hereunder shall be provided by the District in the amount of$20,500. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source b ecome unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap in: Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 6 a. Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part; and b. Denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, delivery of services contemplated by this agreement or otherwise afforded others hereunder. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes"procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years a fter expiration. T he o ffice of t he S tate A uditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the lava enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 i 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement upon sixty days (64 days) written notification. if this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attu.: Director of Student Services 1215 West Lewis Street Pasco,WA 99301 And to the City at: Chief of Police Pasco Police Department 525 North 3rd Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 6 In Witness whereof, the parties have executed this agreement effective this day of 2005. City of Pasco: Pasco School District No. 1 Michael L. Garrison Ricardo Espinoza Mayor President, Board of Education Attest: Webster Jackson Saundra Hill City Clerk Superintendent Approved as to Form: Leland Kerr Sarah Thornton City Attorney School District Counsel Interagency Agreement hetween Pasco School District No. 1 and the City of Pasco. Page 6 of 6 AGENDA REPORT#24 FOR: City Council 07/19/05 TO: Gary Crutchf 1 I Manager Workshop Mtg.: July 28, 2005 I FROM Robert J. Albei' 4uw Works Director SUBJECT: Restriping Sylvester Street I. REFERENCE(S): Map showing responses from Sylvester Street questionnaires II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 07/28: DISCUSSION III. FISCAL IMPACT: IV, HISTORY AND FACTS BRIEF: Earlier this year, the Transpo Group made a presentation regarding the advantages and disadvantages of the restriping of Sylvester Street between Road 32 and Road 52 to three lanes. The Transpo Group felt a three-lane road section would work well in this instance. Since the last discussion, staff solicited comments from those who live on Sylvester Street as well as those who live one or two blocks away. Staff also held a public meeting. A total of 101 questionnaires were mailed to those who live along Sylvester Street of which 53 were returned, with 49% favoring keeping the road striping to four lanes. A second mailing of 382 questionnaires was sent to those living near Sylvester Street. A total of 172 questionnaires were returned from the second mailing, with 70% favoring the existing striping of four lanes. In essence, 46% of the neighborhood households responded; of those that responded, 65% said they prefer four lanes. The Ben Franklin Transit (BFT) also responded favoring a three-lane road section with pedestrian/bicycle lanes. BFT is required to address the Americans with Disabilities Act (ADA) in their operations. A three-lane road section with pedestrian/bicycle lanes better addresses ADA for their operations. The largest objection to a three-lane road section was the potential for delays and speed reduction. This change was identified in the Transpo Group presentation. No action is required by,Council unless Council desires a change. V, ADMINISTRATIVE ROUTING: 1. Project File 3(f) • I• a MM 10 1 _ L— -1 L- - � i � • • • ,�,,;, !- • ! LSD 42• • i I •' l -J L__ • • ' • • t N { i • • , • • . , - -J L-- �J • • o i- 6 - -P �IAD 2 • •• 8 Fyl • - • 5H LLI PPoYAIt RD ROAD 32 AGENDA REPORT NO. 26 FOR: City Council July 219, 2005 TO: Gary Crutchfi qanager Workshop Mtg: July 25, 2005 Regular Mtg: August 1, 2005 FROM: Robert J. Alberlf is Works Director SUBJECT: Professional Services Agreement with JUB Engineering, Inc., for Construction Management and Inspection Services. I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 07125: Discussion 08/01: MOTION: I move to approve the Professional Services Agreement with JUB Engineering, Inc., for on-going construction management and inspection services and, further,authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Utility Fund Arterial Street IV. HISTORY AND FACTS BRIEF: The proposed agreement is for on-going services with JUB Engineering, Inc., to provide construction management and inspection.services for street, water and wastewater projects. Mr. Bill Talbott will be the staff's contact person. The agreement is based on a time and material basis not to exceed $60,000 in any one year. Any task assignment will be documented in letter agreements. This agreement is similar to the agreement approved with the Transpo Group for traffic engineering services and CH2M Hill for utility engineering services. These agreements provide the support for construction projects which the staff does not have time to address or due to lack of staffing. Staff recommends approval of the agreement with JUB Engineering, Inc. V. ADMINISTRATIVE ROUTING Project File 3(g) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City",and JUB Engineering, Inc., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering and consulting services with respect to the ongoing Professional Services. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. Services in Exhibit A shall generally be on an on-call basis with specific Project. Assignments being done by Letter Agreement. Letter Agreements shall include all services.and material necessary to accomplish tasks as assigned by the City. William Talbott shall be the Consultant's contact on all General Services and Task Assignments. 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, provide d, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the"Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis 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$60,000 for all Project Specific Letter Agreements. JUB Engineering, Inc. 1 Professional Services Agreement B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within the time specific in the Notice to Proceed for assignments. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. all damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or causee by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen(15) days of execution of this Agreement. JUB Engineering, Inc. 2 Professional Services 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. S. 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. Iatezration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assienable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against 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 attorneys fees and costs. JUB Engineering, Inc. . 3 Professional Services Agreement 16. Notices. Notices to the City of Pasco shall be sent to the following address: Bob Alberts CITY OF PASCO P. O. BOX 293 PASCO, WA 99301 509-545-3444 Notices to the Consultant shall be sent to the following address: William Talbott JUB Engineering, Inc. 2810 W. Clearwater Ave., STE 201 Kennewick,WA 99336 509-783-2144 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 12005 CITY OF PASCO CONSULTANT: By: By: Michael L. Garrison, Mayor Its ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney JUB Engineering, Inc. 4 Professional Services Agreement -- J-U-B ENGINEERS, Inc. ������ � ENGINEERS • SURVEYORS • PLANNERS Regional Office 2810 W..Clearwater Avenue, Suite 201 Kennewick, WA 99336 509-783-2144 July 19, 2005 Fax: 509-736-0790 www.jub.com Mr. Bob Alberts Public Works Director City of Pasco P.O. Box 293 Pasco, WA 99301 RE: ON CALL CONSTRUCTION ENGINEERING SERVICES Dear Bob: J-U-B ENGINEERS, Inc. is pleased to submit the following Scope of Work and Fee Schedule for the above-referenced project: PROJECT COSTS Construction Management Team Per Hour Fee* Project Manager.......... . ............................. .................. .............. $150.00 Construction Manager.......... .......................................................... $120.00 Resident Construction Observer i ..........................................................$80.00 Resident Construction Observer l l..........................................................$65.00 Construction Administrator ....................... ............................. ..... $115.00 Cle.rical/Word Processing..... .................... ..................................$55.00 *Per Hour Fees include all fringe costs (vehicle, mileage, cell phone, computer time, materials and incidentals required to perform assigned task.) SCOPE OF WORK ■ Project Manager - Oversees J-U-B team. • Construction Manager - Oversees field and office personnel and overall project progress. Establishes a seamless working relationship between the City of Pasco, the Contractor and the Public. Reviews and makes recommendations on all Contract Change Order requests, Contractor Requests for Information and City or Contractor requests or changes to the project scope. • Construction Administrator - Duties include preparing contract documents, maintaining construction master files, conduction of pre-construction conference and issuing meeting minutes, disposition and tracking material submittals, issuing weekly statement of contractor working days, preparing change orders including requests of prices from contractor, preparing monthly progress payments with input from resident construction observer, verifying certified payrolls on Federal Aid project, and tracking documentation requirements for project close out and release of retainage, including state agency releases, certifications and labor affidavits. 9/COP On-Call Construction Engineering Svcs 7-19-05.doc rJ-U-BA Mr. Alberts City of Pasco Page Z Engineers Surveyors Planners • Resident Construction Observer - Establishes and maintains a close working relationship with all parties concerned with the project. Ensures the project is constructed according to the project plans and specifications. Observes all construction procedures on a daily basis. Creates a daily record keeping system containing observation reports, daily quantity totals of installed materials, working day totals, total contract days and weather records. Completes all construction observer tasks required to comply with City of Pasco, State of Washington and Federal funding requirements. • Clerical/Ward Processing - Processes draft copies of contract change orders and monthly progress payments for submittal to the City of Pasco. The above Project Costs and Scope of Work are figured on a working day schedule with the Contractor working 8-hour days. Resident Construction Observer hours exceeding 40 hours per workweek will be charged at 1.5 times the stated hourly fee. Thank you for considering J-U-B for an On Call Construction Engineering Services Agreement. J-U-B is looking forward to working with the City of Pasco. Sincerely, J-U-B ENGINEERS, INC. Ben W. Volk, P.E. Project Manager c: Troy Green, J-13-13 9/COP On-Call Construction Engineering Svcs 7-19-05.doc AGENDA REPORT NO. 28 FOR: City Council July 20, 2005 TO: Gary Crutchfi Manager Workshop Mtg: 7/25/05 Regular Mtg.: 8/1/05 FROM Robert J. Alber01hbe Works Director SUBJECT: Amendment#4, Ainsworth Overpass Agreement I. REFERENCE(S): 1. Proposed Amendment to Port of Pasco Agreement. H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 07/25 Discussion 08/01: MOTION: I move to approve Amendment No. 4 to the cooperative action agreement with the Port of Pasco for the construction of the Ainsworth overpass and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Arterial Street Fund (no net cost— 100%reimbursed through Port) IV. HISTORY AND FACTS BRIEF: In December 1997 the City and the Port of Pasco (Port) signed a cooperative Action Agreement pertaining to the Ainsworth Overpass Project. The Port was responsible for coordinating and securing funds for the project. The City was the lead agency due to federal funds being used for the design and acquisitioned property. The total cost of the project is estimated at $7.0 million. The amendment is for the construction phase with the City being the lead agency responsible for contract administration and payment of expenditures with reimbursement of costs being made from the Port. Staff recommends approval of the amendment. V. ADMINISTRATIVE ROUTING: A. Project File 3(h) FOURTH AMENDED COOPERATIVE ACTION AGREEMENT This Fourth Amended Agreement entered into this day of 2005, by and between the CITY OF PASCO, Washington, a municipal corporation, hereinafter referred to as "City"and the PORT OF PASCO, a municipal corporation, hereinafter referred to as "Port; is entered into as a Cooperative Action Agreement in accordance with RCW 39.40 and the following terms and conditions: WHEREAS, the City and Port entered into a Cooperative Action Agreement dated December 18, 1997, as amended by the Amended Cooperative Action Agreement dated February 5, 2001, the Second Amended Cooperative Action Agreement dated June 3, 20032 and the Third Amended Cooperative Action Agreement dated July 22, 2004, pertaining to the parties cooperative efforts to pursue grant and loan funds for the construction of an overpass of the rail line in the vicinity of 4t' Avenue and Ainsworth; and WHEREAS, the City, as a part of its wastewater plant upgrade program, requires the rehabilitation of the pump station located at 4th Avenue, and Ainsworth which is the anticipated site of a future overpass and which would require relocation to accommodate the overpass; and WHEREAS, the Port has identified and included the construction of a railroad overpass of the BNSF rail line near 4th Avenue and Ainsworth on the Washington State Department of Transportation's List of Potential "Freight Mobility" Improvement Projects which, at the time of construction, would require the relocation of the 4th Avenue and Ainsworth pump station costing in excess of$1,000,000.00 dollars; and WHEREAS, the City and the Port have determined that cooperative efforts to mutually pursue grant and loan funds necessary for the construction of an Ainsworth overpass of the Burlington Northern Rail Line in the vicinity of 4th Avenue and Ainsworth and the associated relocation of the pump station would constitute a substantial benefit to both the City and the Port; and WHEREAS, the expenditure of funds requires that the project be designed and administered in accordance with the Washington State Department of Transportation Local Agency Guidelines, including certification by a certified acceptance agency (CA agency); and, THIRD AMENDED COOPERATIVE ACTION AGREEMENT - 1 C:\Documents and Settings\engtemp2\Local Settings\Temporary Internet F1les\OLK114\Fourth Amended Cooperative Action Agreement.doc i I WHEREAS, the Port is not presently certified to administer federal aid projects; and WHEREAS, the City is presently certified to administer federal aid projects; and WHEREAS, the Local Agency Guidelines provides that a noncertified local agency may enter into agreement with a CA agency to have the CA agency perform project development and/or contract administration; and, WHEREAS, the City and the Port do, by this Agreement, identify each of their responsibilities in the accomplishment of this mutual purpose and in consideration of the mutual benefits to be received by each, do agree as follows: Section 1. Purpose. The purpose of this Agreement shall be coordinating the cooperative efforts of the Port and the City to pursue and obtain any grant and/or loan funds necessary for the construction of an Ainsworth overpass of the Burlington Northern Rail Line in the vicinity of 4t► Avenue and Ainsworth, and to provide for administration of preliminary engineering, the preparation of plans and specifications, rights-of-way services (including the actual purchase costs of acquiring land and relocating businesses), and to provide for partial reimbursement for the expense of relocation of the wastewater pump station, formerly located at 4th Avenue and Ainsworth, in Pasco. Section 2. Mutual Efforts. By this Agreement, and respective resolutions or declarations, the City and Port shall mutually agree that a railroad overpass along the Ainsworth corridor across the Burlington Northern Rail Line is a necessary and appropriate improvement for the community as a whole and shall jointly provide any such letters, resolutions, declarations, and contracts with governmental funding agencies capable of providing grants and/or loans for said construction and to jointly pursue such funding, including.the preparation of applications, documentation and permitting necessary to establish eligibility for such funds; provided, each party reserves the right to determine its participation in any particular financing plan and grant or loan application. Section 3. Relocation of Pump Station. In reliance upon Cooperative Action Agreement, the City completed the relocation of the wastewater pump station located at 4th Avenue and Ainsworth, and, subject to the provisions below, shall bear the costs of such relocation. THIRD AMENDED COOPERATIVE ACTION AGREEMENT 2 C.\Documents and Settings\engtemp2\Local Settings\Temporary Internet Files\OLK119wourth Amended Cooperative Action Agreement.doc Section 4. Port Reimbursement. If, at any time in the duration of this Agreement, the Ainsworth corridor overpass over the Burlington Northern Rail Line is authorized for construction, and construction commences, the Port shall pay to the City as a portion of the pump station relocation costs the sum equal to $500,000.00 less the amount expended by the Port pursuant to Section 6 hereinafter. .The payment required herein, in whole or in part, may be financed, at the discretion of the Port, by executing a Promissory Note payable over twenty (20) years, together with interest at the rate of 3.5% per annum, with such interest commencing on the date of acceptance (by the responsible public agency) of the Ainsworth overpass and the annual payments of principal and interest commencing on the first anniversary date of the date of acceptance. Section S. Duties of the Parties. The parties agree that the City will be the designated lead agency. Port authorizes City to perform all administrative duties required and contemplated by the Washington State Department of Transportation (WSDOT) relating to the project described above, through the preliminary engineering, plan and specifications preparation, right-of-way acquisition stage, and full construction. City shall perform such work in compliance with said WSDOT Agreement. The City shall administer consultant selection. City shall work in conjunction with consultant for all preliminary engineering, the preparation of plans and specifications, and construction administration. The consultant shall submit payment requests to City. City shall review and submit such requests to Port for payment. Port shall pay the consultant directly. For construction administration only, the consultant shall submit payment requests to City. City shall review and pay the consultant directly and submit copies of payments to Port for reimbursement. The City shall submit to the Port for approval all contracts, plans, specifications, engineering, pay requests and change orders prior to approval by the City of such contracts, plans, specifications, engineering, pay requests and change orders. The City shall administer right-of-way services to be performed by WSDOT. WSDOT shall submit payment requests to City and City shall pay WSDOT directly. The Port shall reimburse City for all WSDOT right- of-way costs. Section 6. Funding and Costs. The funding for the preliminary engineering, preparation of a contract bid document, right-of-way phase, and construction of the project will come from the Port of Pasco's direct THIRD AMENDED COOPERATIVE ACTION AGREEMENT - 3 C:\Documents and Settings\engtemp2\Local Settings\Temporary Internet Files\OLK119\Fourth Amended Cooperative Action Agreement.doc i allocation of regional TEA21 federal funds (approximately $415,000.00), 13.5 % match monies for the federal funds from the Port, and any funds made available from the Washington State Department of Transportation (WSDOT) estimated at $100,000.00, Burlington Northern Santa Fe (BNSF) estimated at $80,000.00, the Freight Mobility Strategic Investment board at $5,085,747.00, and the Transportation Improvement Board (TIB) at $1,000,000. The Port of Pasco shall make all payments from the Port of Pasco allocations described above, except that monies from the TIB shall be paid by the City of Pasco. Eligible costs for preliminary engineering, the preparation of a contract bid document, the right-of-way phase of the project, and construction shall include City administrative charges, agreements with WSDOT, consultants, surveying, and land appraisals. The total amount of direct funds paid by the Port for the project, including the 13.5% match monies for the federal funds, shall be deducted from the $500,000.00 obligation described in Section 4 hereinabove, up to and not to exceed the amount of$200,000.00, and the balance shall be paid under the terms and subject to the conditions of Section 4 hereinabove. In no event shall the Port be obligated to pay more than $200,000.00 over and above the funds received from the allocation of regional TEA21 federal funds, WSDOT funds, funds from FMSIB, funds from TIB, and funds from BNSF. Section 7. Duration. This Agreement shall commence on the date of execution and shall terminate ten (10) years thereafter. The termination of this Agreement shall in no way I effect the enforceability of the Promissory Note provided above for repayment of the relocation costs if the Ainsworth corridor overpass is constructed during the term of this Agreement. Section S. Administration. Administration of the mutual efforts provided in this Agreement shall be conducted by the City Manager for the City, and the Port Manager for the Port. No independent administrator or joint board shall be responsible for the administration of the cooperative activity provided hereunder. All funds received either by grant or loan shall be specifically administered by the entity eligible and receiving said funds and no joint or special fund shall be created without the mutual written consent of the parties and no independent budget shall be created therefore. Section 9. Termination. Termination of this Agreement shall be upon expiration of the terms provided above or written mutual agreement of the parties. No joint personal or real property is anticipated to be acquired pursuant to the terms of this Agreement, and nothing herein will be construed as creating an interest, right to or liability for any property THIRD AMENDED COOPERATIVE ACTION AGREEMENT - 4 C:\Documents and Settings\engtemp2\Local Settings\Temporary Internet Files\OLK119\Fourth Amended Cooperative Action Agreement.doc acquired by one entity, in the pursuit of this Agreement, by the other. This Third Amended Cooperative Action Agreement supersedes that Cooperative Action Agreement dated December 18, 1997, Amended Cooperative Action Agreement dated February 5, 2002, Second Amended Cooperative Action Agreement dated June 3, 2003, and Third Amended Cooperative Action Agreement dated July 22, 2004 described hereinabove. IN WITNESS WHEREOF, the parties, duly authorized by appropriate motion, resolution or declaration, have assigned this Agreement on the date and year first written above. CITY OF PASCO PORT OF PASCO Michael L. Garrison, Mayor William G. Clark, President, Port Commission Approved as to Form: Approved as to Form: Leland B. Kerr Dan F. Huitgrenn City Attorney Port Attorney THIRD AMENDED COOPERATIVE ACTION AGREEMENT - 5 C:\Documents and settings\engtemp2\Local Settings\Temporary Internet Files\OLK119\Fourth Amended Cooperative Action Agreement.doc STATE OF WASHINGTON ) ss COUNTY OF FRANKLIN ) On this day of , 2005, before me personally appeared MICHAEL L. GARRISON, MAYOR of the CITY OF PASCO, to me known to be the individual who executed the 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 the day and year first written above. Notary Public in and for the State of Washington, residing at STATE OF WASHINGTON } ss. County of Franklin } On this day of , 2005, before me personally appeared WILLIAM G. CLARK, PRESIDENT of the PORT OF PASCO COMMISSION, to me known to be the individual who executed the 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 the day and year first written above. Notary Public in and for the State of Washington, residing at THIRD AMENDED COOPERATIVE ACTION AGREEMENT - 6 C:\Documents and Settings\engtemp2\Local Settings\Temporary Internet Files\OLK119\Fourth Amended Cooperative Action Agreement.doc AGENDA REPORT NO. 27 FOR: City Council July 21, 2005 TO: Gary Crutchfi 1 I anager Workshop Mtg.: 7125105 Regular Mtg.: 811105 FROM Robert J. Albe 'c arks Director SUBJECT: Ainsworth Overpass Engineering Services Agreement 1. REFERENCE(S): 1. Proposed Anderson-Perry& Associates, Inc., Agreement (Council packets only; copy available in the Engineering office and at the Pasco Library for public review) II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 07125 Discussion 08101: MOTION: I move to approve the Agreement with Anderson-Perry &Associates, Inc., for the Ainsworth Overpass Project Construction Engineering Services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Arterial Street Fund(no net cost— 100%reimbursed through Port/ State) IV. HISTORY AND FACTS BRIEF: In December 1997 the City and Port of Pasco (Port) signed a Cooperative Action Agreement which led to the Port contracting with Anderson-Perry & Associates, Inc., (consultant) to design the Ainsworth Overpass Project. This is a project where the Port is responsible for the funding and the City is the lead because federal funds are involved. The design is complete and the project is ready to go to bid. The construction costs are estimated at approximately $4.4 million with $1.0 million coming from the Transportation Improvement Board in the City's name and the remaining monies coming from the State in the Port's name. Staff believes the project can be best managed if the agreement for construction management and inspection services is with the City. The proposed agreement is on a time and material basis estimated at $341,000. The agreement is one that is required by the Federal Highway Administration due.to,federal funds being used in the project. The project is scheduled to advertise for bid this September. Staff recommends approval of the agreement. V. ADMINISTRATIVE ROUTING: A. Project File 3(i) AGENDA REPORT NO. 25 FOR: City Council Date: 07/14/05 TO: Gary Crutchfi i Manager Workshop: 7/25105 Regular Mtg.: 08/01105 FROM: Robert J. Albert ir-works Director SUBJECT: Amendment No. 1 to the HDR Engineering Professional Services Agreement for the Composite Reservoir Project I. REFERENCE(S): 1. Amendment No. 1 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 07125 Discussion 8/1 MOTION: I move to authorize the Mayor to execute Amendment No. 1 to the HDR Engineering Professional Services Agreement for the Composite Reservoir construction engineering services. Ill. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: This amendment is to have HDR Engineering provide construction management and inspection services for the Composite Reservoir Project. These services were identified in the agreement approved by Council in October 2004 with the condition an amendment to the agreement would be required to authorize the services. The fee of$243,040.00 is on a time and material basis. V. ADMINISTRATIVE ROUTING: Project File 3(]) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR ROAD 68 COMPOSITE ELEVATED STORAGE RESERVOIR BETWEEN CITY OF PASCO, WASHINGTON AND HDR ENGINEERING, INC. The agreement, made and entered into the 27`h day of October, 2004, between the CITY, City of Pasco, Washington and the ENGINEER, HDR ENGINEERING, INC. is hereby amended on the day of July, 2005 as set forth herein. WITNESSETH: WHEREAS, the City and the Engineer have entered into a contract for professional services for providing engineering services for Road 68 Elevated Storage Reservoir herein referred to as the "Project"; WHEREAS, the agreement contains provisions in Section 11, far the City to authorize extra services in connection with this project; and WHEREAS, the City has agreed to have the Engineer provide the extra services as described in Attachment A Scope of Services for on-site project representation; NOW THEREFORE, in consideration of the terms, conditions and covenants of performance contained or incorporated herein, the City and the Engineer agree that the agreement entered into the 27th day of October, 2004, shall be amended as follows: Section 1. Scope of Services Scope of Services for Resident Project Representative and Startup services are attached as Attachment A to this Amendment. Construction Phase Services did not include part- time Resident Project representation. City of Pasco Road 68 Elevated Storage Reservoir Page 1 Amendment No. I July 7, 2005 Section 2. Compensation For services described in this Amendment, payment shall be made on the same basis as in the original Agreement. Direct Labor Costs used as a basis for payment shall be updated to current salary and wages paid to all Engineer's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafting personnel, specification writers, estimators, and other technical and business personnel; but does not include indirect payroll-related costs or fringe benefits. The City shall pay Engineer's direct expenses incurred in providing services, including the cost of sub consultants, on the same basis as in the original Agreement. The additional sum for services in Amendment No. 1 shall be 243,040 Section 3. Schedule Schedule for completion of work contained in this amendment shall coincide with the completion of the contractor's work on the Road 68 Elevated Storage Reservoir construction. CITY OF PASCO HDR ENGINEERING, INC. By: By: Mayor Vice President ATTEST: APPROVED AS TO FORM: City Clerk City Attorney City of Pasco Road 68 Elevated Storage Reservoir Page 2 Amendment No. I July 7, 2005 CITY OF PASCO, WASHINGTON ROAD 68 ELEVATED STORAGE TANK Attachment A SCOPE OF SERVICES GENERAL PROVISIONS OF THIS SCOPE OF SERVICES If Engineer's services are delayed or suspended in whole or in part by City, or if Engineer's services are extended by Contractor's actions or inactions for more than 90 days through no fault of Engineer, Engineer will be entitled to equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect, reasonable costs incurred by Engineer in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. GENERAL ADMINISTRATION OF CONSTRUCTION CONTRACT The Engineer will act as City's representative as provided in the General Conditions of the Construction Contract. The extent and limitations of the duties, responsibilities and authority of Engineer as assigned in said General Conditions shall not be modified, except as Engineer may otherwise agree in writing. All of City's instructions to Contractor will be issued through Engineer, who will have authority to act on behalf of City in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. During the Construction Phase, Engineer will not supervise, direct, or have control over Contractor's work, nor will Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. Engineer will not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or of any of the Contractor's agents or employees or any other persons (except Engineer's own employees) at the Site or otherwise furnishing or performing any of the Contractor's work; or for any decision made on interpretations or clarifications of the Contract Documents given by City. The General Conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (Document No. 1910-8, 1996 Edition). City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 1 of 11 Construction Service Scope of Services ENGINEER'S COMPENSATION Engineer's services are based on the anticipated construction schedule, Attachment C, and estimated number of hours as shown in Attachment B. Engineer will invoice City monthly for Engineer's services. Invoices shall itemize costs incurred for each task identified in the scope of work. A short project status memorandum will be provided with each invoice. When any contract primary task reaches 75%of budget, Engineer will discuss approach for completion of that task with the City. When total project cost reaches 75% of the budget, Engineer and City's representative shall discuss approach for completion of the work. All meetings between City and Engineer will be documented in the monthly progress reports. THIS SCOPE OF SERVICES INCLUDES THE FOLLOWING TASKS: • RESIDENT PROJECT REPRESENTATIVE • WELDING OBSERVATION AND INSPECTION • COATING OBSERVATION AND INSPECTION • STARTUP SERVICE RESIDENT PROJECT REPRESENTATIVE Engineer will furnish a part-time Resident Project Representative ("RPR"), to assist Engineer in observing the general progress and quality of the Work. The RPR will only provide part-time representation while contractor is working at the site. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Engineer will endeavor to provide further protection for City against defects and deficiencies in the Work. However, Engineer will not; during such visits or as a result of such observations of Contractor's work in.progress, supervise, direct, or have control over the Contractor's Work nor will Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the City and in the Contract Documents, and are further limited and described as follows: 1) General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress will in general be with Engineer and City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 2 of 11 Construction Service Scope of Services Contractor, keeping City advised as necessary. RPR's dealings with subcontractors will only be through or with the full knowledge and approval of Contractor. RPR will generally communicate with City with the knowledge of and under the direction of Engineer. 2) Schedules: Review the progress schedule, schedule of Shop Drawings and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3) Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of meeting notes. 4) Liaison: • Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. • Assist Engineer in serving as City's liaison with Contractor when Contractor's operations affect City's on-site operations. • Assist in obtaining from City additional details or information, when required for execution of the Work. 5) Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6) Shop Drawings and Samples: • Record date of receipt of Samples and approved Shop Drawings. • Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. • Advise Engineer and Contractor of the commencement of a portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7) Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8) Review of Work and Rejection of Defective Work: • Conduct on-site observations of Contractor's work in progress to assist Engineer in determining if the Work is generally proceeding in accordance with the Contract Documents. City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 3 of 17 Construction Service Scope of Services • Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or may prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval 9) Inspections, Tests, and System Startups: • Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. • Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate City's personnel, and that Contractor maintains adequate records thereof. • Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. • Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10) Records: • Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. • Prepare a daily report or keep a diary or log book when on-site, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders,Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. • Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. • Maintain records for use in preparing Project documentation. • Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 4 of 11 Construction Service Scope of Services 11) Reports: • Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. • Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. • Furnish to Engineer and City copies of all inspection, test, and system startup reports. • Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12) Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13) Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to City prior to payment for that part of the Work. 14) Completion: • Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. • Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. • Participate in a final inspection in the company of Engineer, City, and Contractor and prepare a final list of items to be completed or corrected. • Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. Resident Project Representative will not: 1) Authorize any deviation from the Contract Documents or substitution of materials or equipment (including `or-equal" items). City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 5 of 11 Construction Service Scope of Services 2) Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3) Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4) Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5) Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of City or Contractor. 6) Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7) Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8) Authorize City to occupy the Project in whole or in part. Assumptions: 1) Engineer and City have agreed that resident project representative will not be on-site full time. Resident project representative will be on-site prior to and during scheduled concrete pours, installation of underground piping, project meetings and other installation/operation events. During the steel tank erection process, NorthWest Inspection will be observing the contractor's welding, and the RPR will only be on- site for the project meeting. WELDING OBSERVATION AND INSPECTION 1) Purpose: Provide review of the contractor's welding of the steel tank portion of the elevated storage reservoir. 2) Engineer will employ the services of a subconsultant to perform the following task: • Review welder qualification records, welding procedures, and mill test reports before any welding commences. • Verify proper welding electrodes and electrode storage to be used on project. • Conduct visual inspections on shop fabricated components as they arrive at the site. • Examine results of Radiographic Testing on shop fabricated welded components. • Conduct inspection of tank erection practices and fit-up. City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 6 of 11 Construction Service Scope of Services ♦ Conduct Visual Inspection per AWWA D100 Section 11.2 and 14.4 during construction. ♦ Examine results of Radiographic Testing as per AWWA D100 Section 14. ♦ Witness leak testing of floor welds and penetrations. The inspection methods to be implemented for the above inspection will consist of Visual Testing (VT). All inspections will verify compliance with the AWWA D100-96 Standard and Contract Specifications. Shop fabricated items will be inspected on site as they arrive. The fabrication and weld quality will be inspected for compliance to AWWA D100-96. Field erections and welding will be inspected for compliance to the AWWA Standard. The inspection procedures will parallel the procedures listed in Section 11.2. The quality of field welding will be determined by visual inspections on all joint fit-up and welding. Radiographic testing will be conducted by the construction contractor as specified in Section 11.5. and Section 14. COATING OBSERVATION AND INSPECTION 1) Purpose: ♦ Provide part-time review of the contractor's coating procedures for the steel tank portion of the tanks. 2) Engineer will employ the services of a subconsultant to perform the following tasks: ♦ Review coating specifications and make comments/recommendations. ♦ Pre-surface preparation inspection. ♦ Measurement of ambient conditions. ♦ Evaluation of compressor and surface preparation equipment. ♦ Determination of surface preparation cleanliness and profile. ♦ Inspection of application equipment. ♦ Witnessing coating mixing. ♦ Inspecting coating application. ♦ Determination of dry film thickness. ♦ Evaluating cleanliness between coats. ♦ Witness contractor conduct holiday testing of the inside coating system below the top capacity level. ♦ Evaluate cure. ♦ Finalize inspection and testing of project by submitting a final report to Engineer and Owner. The inspection methods to be implemented for the sandblasting and coating inspections will consist of visual inspections, mil gauging, holiday testing, profile gauging and atmospheric measuring. All inspections will verify compliance with the AWWA D102 97 and contract specifications. A NACE Certified Coating Inspector will monitor and or conduct all coatings inspections. City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 7 of 7 I Construction Service Scope of Services If shop surface preparation and prime coating is specified, all shop inspections will be considered separate from the field inspection visits. It will consist of the above scope of items in accordance with AWWA, NACE and the contract specifications. All expenses incurred for transportation, lodging, and meals for inspections on work done at a location (outside 25 mile radius from Pasco, WA), such as for shop fabrication, surface preparation and coating work will be additional cost. Coordination and scheduling efforts will be considered to maximize the inspection productivity. The Inspector shall be notified at least 10 days in advance of the time the inspection will be needed. The measurement of air temperature, surface temperature, humidity, dew point, coating thickness and holiday detection will be recorded in an inspector's logbook. Observation of the coating preparation and application is based upon twelve separate visits during the coating process of both tanks. The NACE Certified Coating Inspector will not be on-site full-time. STARTUP COORDINATION 1) Purpose: • Provide coordination between the contractor (including the PLCISCADA programming subcontractor), the construction management team and the City staff during startup of the new equipment. 2) Clean Water Test: • The clean water test occurs prior to startup and uses potable water to demonstrate the functionality of new equipment and controls. 3) Startup: • Startup means placing the equipment into operation for its intended purpose. • The startup coordinator will allow the startup of new equipment to occur if, and only if, the equipment and ancillary subsystems are ready to be placed into service. 4) Startup assistance will be provided for the new elevated storage reservoir. 5) Work Products: • Review and approve equipment supplier training agendas and training material outlines as provided by the contractor. Use .discretion, based on experience with vendor training, to enforce contract provisions for vendor training duration. • Coordinate vendor training schedule with contractor and City staff. • Prepare a startup plan that lists specific responsibilities for the contractor, PLCISCADA programmer and City staff. City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 8 of 11 Construction Service Scope of Services a. Provide the written startup plan to the contractor, the construction management staff, PLC/SCADA programmer and the City staff approximately one month before startup. b. Schedule and conduct a startup review meeting between the contractor, the construction management staff, PLC/SCADA programmer and the City staff approximately two weeks before startup. c. Formalize communications within start-up team. d. Revise the startup plan and schedule as needed based on the review meeting and reissue. 6) Verify the equipment is ready for the clean water test: • The manufacturer's field service forms have been completed for each piece of equipment. • All pipe pressure tests and concrete water tightness tests have been conducted. • Perform the following activities during the water test: a. Verify and document that the elevated storage tank and controls are performing within its design parameters. b. Verify and document that the controls and alarms are working in conformance with the control strategies. c. Identify and document any equipment or control deficiencies for resolution by construction management staff. 7) Perform the following activities during startup: • Verify and document that the controls and alarms are working in conformance with the control strategies. • Identify and document any equipment or control deficiencies. OTHER ADDITIONAL SERVICES 1) General. The following Additional Services are not included in the Basic Services. They will be provided if authorized or confirmed in writing by the City, and will be paid for by the City as provided in this Agreement, in addition to compensation for Basic Services. 2) When authorized by the City and required by the Contract Documents, Engineer will perform the following additional services: + Performing Services resulting from changes in the scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the City schedule, character of construction or method of financing, reviews of redesigns, revising previously accepted studies, reports, design documents, or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 9 of 11 Construction Service Scope of Services documents, or are due to any other causes beyond Engineer's control. • Preparing documents of alternate, separate, or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Final Design Phase, when requested by the City. • Providing any type of property surveys or related engineering services needed for the transfer of interest in real property and field surveys for design purposed and engineering surveys and staking to enable Contractor to proceed with the Work; and providing other special field surveys. • Preparing applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project, preparing or reviewing environmental impact statements and assessments, reviewing and evaluating the effect on the design requirements of the Project of any such statements and documents prepared by others and assisting in obtaining the approval of authorities having jurisdiction over the Project. • Conducting investigations and studies including, but not limited to, geotechnical or other special studies, consideration of operations, preventative maintenance programs, and maintenance and overhead expenses; providing value engineering during the course of design, preparing feasibility studies, cash flow and economic. evaluations, rate schedules and appraisals; evaluating processes available for licensing and assisting the City in obtaining process licensing; performing detailed quantity surveys of material, equipment, and labor; and conducting audits or inventories required in connection with construction performed by the City. • Assisting the City with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. • Preparing to serve or serving as an Engineer or witness for the City in any litigation, arbitration or other legal or administrative proceeding involving the Project. • Performing services in connection with work directive changes and change orders to reflect changes requested by the City. • Reviewing and processing of more than one Contractor re-submittal of a rejected shop drawing or other required Contractor submittal. • Making revisions to Drawings and Specifications arising from the City's acceptance of substitutions proposed by Contractor. • Performing services after the award contract to evaluate and determine the acceptability of additional substitutions proposed by Contractor beyond the listing of acceptable manufacturers in the Specifications. City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 10 of 11 Construction Service Scope of Services • Performing services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. • Performing additional or extended services during construction made necessary by: (i) Work damaged by fire or other cause during construction; (ii) a significant amount of defective, delayed or neglected work of any Contractor; (iii) acceleration of the progress schedule involving services beyond normal working hours; and (iv) default by any Contractor; (v) failure of the Contractor to complete the Work within the time stipulated in the Contract Document; (vi) approval of extension of the time for performance. • Evaluating an unreasonable or extensive number of claims submitted by Contractor or others in connection with the Work. • Providing assistance in the closing of any financial or related transaction for the Project. • Providing assistance in connection with the refining and adjusting of any equipment or system City of Pasco, Washington July 7,2005 Road 68 Elevated Storage Tank Page 11 of 11 Construction Service Scope of Services BASIS OF FEE - ATTACHMENT B 0 Resident Project Representative Compensation Direct Labor Rate Hours Subtotal I Total John Koch $ 59.60 114 $6,794.40 Tom Hanou $ 27.20 872 $23,718.40 Bob Bower $ 46.00 48 $2,208.00 Direct Labor Cost 1034 $32,720.80 Indirect Labor Cost 177.0% $57,915.82 Total Labor Cost $90,636.62 Expenses Direct Costs Telephone/Fax _ Film/Prints/Equip $75.00 Mileage/Travel/Ferry Tolls _ $34,276.90 _ Shipping/Postage/Courier Computer/Word Processing $664.20 Subtotal Direct Costs _ $35,016.10 Total Direct Costs Expenses $35,016.10 Fixed Fee (on Labor) $13,595.49 _ TASK TOTAL COMPENSATION $139,248.21 Task 1 3 Pasco Water Tank Inspection Budget is �n ._ o N C N e ............... g--_ ........ .. . .............................. ............... ..................... .... .� ..+.... = W NI c ro qki m IM V 16 a _ o -"".............. ..... -t i ................ _. i - - S' CJ g IS izz a; '� .N t� � iN m � ���� � .• 'r :!3 .�'{ n 'N :N. :N �9 ..� 'N u_tA z C � o d 0 rar a .'� %.� a ;� : m � :-IN a g tin W 0�� 117 M lm Ip r IN i AGENDA REPORT TO: City Council July 20, 2005 FROM: Gary Crutchfi anager Workshop Mtg.: 7/25/05 Regular Mtg.: 8/l/05 SUBJECT: Appointment Process for City Boards and Commissions I. REFERENCE(S): 1. Proposed Revision to Resolution 2803 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 7125: Discussion 811: MOTION: I move to approve Resolution No. , revising the process for appointments to City Boards and Commissions. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city has several advisory boards and commissions to which it appoints citizens who render advice and recommendations to the City Council on a variety of community issues (Planning Commission; Senior Services; Code Enforcement; Parks & Recreation; etc.). Each of the boards is established by ordinance and each has a specified number of citizen positions, each with its own term of office (usually ranging from three to six years in length). B) The municipal code requires all appointments to such boards and commissions to be made by the Mayor, subject to confirmation of the City Council. In other words, the Mayor is obligated to nominate individuals for appointment to a board or commission and the City Council must render a final decision (by majority vote). C) The City Council approved Resolution No. 2803, early in 2004 to provide for a smoother and much more efficient means of nominating, interviewing and selecting appointees to the various boards and commissions. The process has been used the past two years with relative success. V. DISCUSSION: A) Although the process established under Resolution No. 2803, has been much more efficient in most respects, it remains cumbersome for those individuals who the screening committee agree should be "reappointed" to a consecutive term. Occasionally, the screening committee agrees that a board or commission member should be reappointed but need not go through the interview process (for example, an individual appointed to complete an unexpired term was recommended for reappointment less than two years later and an interview was viewed as redundant). The resolution should be revised to provide for those situations in which the screening committee believes the interview is unnecessary. B) The attached interlineated version of Resolution No. 2803 reflects the recommended change in language which would provide for the kind of discretion the screening committee needs to determine those situations in which an incumbent applicant need not be interviewed. Given that all of the Mayoral appointments for 2005 have been completed, it would be timely to make the change, well in advance of the 2006 process. 3(k) RESOLUTION NO. A RESOLUTION Establishing a Revising the Process for Appointments to City Boards and Commissions.. WHEREAS, the City of Pasco maintains several citizen.advisory boards to assist the delivery of municipal services as well as to advise the City Council in making various policy decisions;and WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor to appoint citizens to vacancies on such boards, subject to confirmation of the City Council;'and WHEREAS, the Mayor and City Council desire to establish an appointment process which is more collaborative yet efficient for both the applicants and City Council alike; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,.WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION 1: Applications for city boards and commissions shall be solicited annually by the City Manager on behalf of the City Council. SECTION 2: All applications received by the City Manager shall be reviewed by a City Council committee appointed by the Mayor; such committee, to be known as the "Appointment Screening Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The Appointment Screening Committee shall select those applicants it deems best suited for the respective board/commission but not more than three applicants for each vacancy to be filled. The Appointment Screening Committee shall consider the following factors in making their selections for further consideration: a) Geographic representation; b) Gender representation; c) Ethnic representation; .d) Familial and financial relationships of board members SECTION 3: Those applicants selected by the Appointment Screening Committee shall be interviewed by the City Council during a public meeting;�rovided however the Screening Committee may recommend reappointment of an incumbent applicant without interview by the City Council. At a City Council meeting following such interview, an interviewed candidate.shall be selected by the-Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. SECTION 4• Any prior resolutions of the City Council in conflict with the provisions of this resolution shall be superseded by this resolution. PASSED by the City Council of the City of Pasco this day of ,2005. Michael L. Garrison,Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy,Deputy City Clerk. Lee Kerr, City Attorney