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HomeMy WebLinkAbout2005.08.01 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. August 1,2005 1. CALL TO ORDER 2. ROLL CALL: Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion.of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated July 18, 2005. 2. Minutes of the Special Pasco City Council Meeting dated July 25, 2005. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$1,021,014.16 ($57,430.76 being in the form of Wire Transfer Nos. 4373 and 4378 and, $963,583.40 consisting of Claim Warrants numbered 149890 through 150126). 2. To approve Payroll Claims in the amount of $1,413,404.63, Voucher Nos. 33055 through 33269; and EFT Deposit Nos. 30005251 through 30005698. (c) Interagency Agreement for Summer School Services: 1. Agenda Report from Denis Austin, Chief of Police dated July 19, 2005. 2. Proposed Interagency Agreement. To approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. (d) Interagency Agreement for School Resource Officers: 1. Agenda Report from Denis Austin, Chief of Police dated July 19, 2005. 2. Proposed interagency Agreement. 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. (e) 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. 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. (f) 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. 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. (g) 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 the Engineering Office and at the Pasco Library for public review). 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. (h) Amendment No. I 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. To authorize the Mayor to execute Amendment No. 1 to the HDR Engineering Professional Services Agreement for the Composite Reservoir construction engineering services. I Regular Meeting 2 August 1,2005 (i) Resolution No. 2883,'a Resolution revising the Process for Appointments to City Boards and Commissions. 1. Agenda Report from Gary Crutchfield, City Manager dated July 20, 2005. 2. Proposed Revision to Resolution No. 2803. To approve Resolution No. 2883, revising the process for appointments to City Boards and Conunissions. *(j) Resolution No. 2884, a Resolution accepting work performed by Sierra Electric, Inc., under contract for Project No. 044-02, Road 68 &Argent Road Traffic Signal. 1. Agenda Report from Doyle Heath, City Engineer dated July 26, 2005. 2. Resolution. To approve Resolution No. 2884, accepting the work performed by Sierra Electric, Inc., under contract for the Road 68 &Argent Road Traffic Signal,Project No. 04-4-02. *(k) Resolution No. 2885, a Resolution accepting work performed by Sierra Electric, Inc., under contract for Project No. 004-02,20'h Avenue &Argent Traffic Signal 1. Agenda Report from Doyle Heath, City Engineer dated July 26, 2005. 2. Resolution. To approve Resolution No. 2885, accepting the work performed by Sierra Electric, Inc., under contract for the 20`s Avenue &Argent Traffic Signal, Project No. 004-02. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a} "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Mike Garrison for"Yard of the Month,"July 2005. 1. Valente and Virginia Guzman, 1103 W. Irving Street 2. Trinidad and Maria Mendez, 1904 N. 12`s Avenue 3. Don and Dorothy Wilson, 1620 W. Marie Street 4. Hung and Lan Le, 4404 Valencia Drive 5. Chevo and Pam Campos,3521 W. Opal Street 6. Steve Wadsworth, 8204 Camano Drive 7. Noel and Maria Valencia, 8712 Nash Drive (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: *(a) Street Vacation — Portions of California Avenue and Salt Lake Street Adjacent Block 15 Frey's Addition (MF#05-81-V) 1. Agenda Report from David I. McDonald, City Planner dated July 27, 2005. 2. Proposed Ordinance and Vicinity Map. CONDUCT PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of Salt Lake Street and California Avenue Adjacent Block 15 Frey's Addition. MOTION: I move to adopt Ordinance No. , vacating portions of California Avenue and Salt Lake Street adjacent Block 15; Frey's Addition and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (none) 9. UNFINISHED BUSINESS: (none) Regular Meeting 3 August 1,2005 10. NEW BUSINESS: *(a) West Court Street Sewer Project#05-1-02: 1. Agenda Report from Doyle Heath, City Engineer dated July 26, 2005. 2. Bid Summary. (RQ MOTION: I move to award the low bid for the West Court Street Sewer Project in the amount of$116,834.04 and,further, authorize the Mayor to sign the contract documents. *(b) 2005 Handicap Ramps Project#05-3-09: 1. Agenda Report from Doyle Heath, City Engineer dated July 26, 2005. 2. Bid Summary. (RQ MOTION: I move to award the low bid for the 2005 Handicap Ramps Project in the amount of $77,264.48 and,further,authorize the Mayor to sign the contact documents. *(c) Bid for Sun Willows Golf Course Pond Improvement Project No.05-6-02: 1. Agenda Report from Stan Strebel, Administrative &Community Services Director dated July 28, 2005. 2. Bid Tabulation. (RQ MOTION: I move to award the contract for the Sun Willows Golf Course Pond Improvement Project No. 05-6-02, to the low bidder, Rexius, in the amount of$256,779.30, including sales tax and, further, authorize the Mayor to sign the contract documents. *(d) Bid for Loviisa Farms Park Development Project No.05-6-01: 1. Agenda Report from Stan Strebel,Administrative &Community Services Director dated July 28, 2005. 2. Bid Tabulation. (RQ MOTION: I move to award the contract for the Loviisa Farms Park Development Project No. 05-6-01, to the low bidder, Ashley-Bertsch Group, Inc., for the Base Bid and Alternate Nos. 1-5 in the amount of $187,911.32, including sales tax and, further, authorize the Mayor to sign the contract documents. Q*(e) Special Permit: Yakima Valley Farm Worker's Clinic a Community Services Facility Level I in an"O" (Office) Zone(1620 Road 44) (MF#05-86-SP): 1. Agenda Report from David I. McDonald,City Planner dated July 27, 2005. 2. Report to Planning Commission dated 7/21/05. 3. Planning Commission Minutes dated 6/16/05 &7/21105. MOTION: I move to grant a special permit to the Yakima Valley Farm Worker's Clinic for a medical clinic located at 1620 Road 44 as recommended by the Planning Commission. *(f) Funding Commitment Wade Park(Road 54) Boat Launch: 1. Agenda Report from Stan Strebel,Administrative &Community Services Director dated July 28,2005. 2. Letter from Tim Fife dated April 6, 2005. 3. Resolution No. 2602 dated July 16, 2001. 4. Letter to Franklin County Commissioners dated July 20,2005. 5. Franklin County Resolution No. 2005-295. MOTION: I move to approve the cost sharing agreement. with Franklin County for the Road 54 Boat Launch and, further, authorize allocation of up to $75,000 from the Capital Improvement Fund. *(g) Minutes of July 5,2005 Council Meeting: 1. Agenda Report from Sandy Kenworthy, Deputy City Clerk dated July 28, 2005. 2. 7/5/05 Council Minutes. MOTION: I move to approve the minutes of the July 5, 2005 Council Meeting as originally presented. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. Regular Meeting 4 August 1,2005 (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, August 1, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.;EILEEN CRAWFORD, Alt.) 2. 12:00 p.m., Wednesday, August 3, 1135 E. Hillsboro Street, #B — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER JOE JACKSON) 3. 5:30 p.m., Thursday, August 4, Parks & Rec. Classroom — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK) MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 18, 2005 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Rebecca Francik, Mayor Pro-tem. ROLL CALL: Councilmembers present: Robert Hoffmann, Eileen Crawford, Joe Jackson, Tom Larsen, Matt Watkins, and Rebecca Francik. Michael Garrison was excused. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Denis Austin, Police Chief; Greg Garcia, Fire Chief; and Elden Buerkle, Management Assistant. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated July 5, 2005. Removed from Consent Agenda and moved to Item 10e—New Business. (b) Bills and Communications: To approve General Claims in the amount of$1,648,061.68 ($46,859.96 being in the form of Wire Transfer Nos. 4368 and 4371 and, $1,601,201.72 consisting of Claim Warrants numbered 149636 through 149889). To approve bad debt write-offs for utility billing, ambulance, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$213,720.69 and, of,that amount, authorize $150,313.63 be turned over for collection. (c) Approval to Proceed with I-182/Road 100 Interchange Agreement: To approve the agreement with WSDOT in the amount of$275,000 for engineering services for improvements at I-182/Road 100 Interchange. (d) Airport Emergency Services Agreement: To approve the interlocal agreement with the Port of Pasco for emergency services at the Tri-Cities Airport and, further,authorize the Mayor to sign the agreement. Removed from Consent Agenda and moved to Item 10d —New Business. (e) East Lewis Corridor Land Acquisition: To authorize the City Manager to execute dedication deeds giving East Lewis Street property owners $1.00 per square foot plus $400 for the portion of their land needed for the Corridor Enhancement Project. (f) Chiawana Park Cost Sharing Agreement: To approve the Interlocal Agreement with Franklin County for 2005 Chiawana Park operating costs and, further, authorize the Mayor to sign the agreement. (g) Water Follies Fees: To approve the amended Schedule 1 fees for the 2005 Water Follies. (h) Final Plat—Village at Pasco Heights, Phase 4 (R.C. Olin) (MF#05-73(A)-FP): To approve the final plat for the Village at Pasco Heights, Phase 4. (i) Final Plat—Village at Pasco Heights, Phase 5 (R.C. Olin) (MF#05-73(B)-FP): To approve the final plat for the Village at Pasco i4eights, Phase 5. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 18, 2005 (j) Final Plat—Loviisa Farms II,Phase 5 (A-ho Construction) (MF#05-70-FP): To approve the final plat for Loviisa Farms H, Phase 5. Removed from Consent Agenda and moved to Item 10c—New Business. MOTION: Mr. Jackson moved to approve the Consent Agenda as amended. Ms. Crawford seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Al Yenney, 909 N. Avery, explained the production process he uses and his purpose for video recording and broadcasting City meetings. REPORTS FROM COMMITTEES AND/OR OFFICERS: Ms. Francik reported she obtained some maps at the Tri-Mats Policy Advisory Committee meeting showing how the State gas tax is being used on road projects in the Tri Cities and will make them available at a future council meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3730, an Ordinance of the City of Pasco, Washington, amending Section 10.24.040 "Increasing Speed Limits in Certain Zones" concerning speed zones to the recently developed streets Chapel Hill Blvd. and Sandifur Parkway and revising a portion of Road 68 and Burden Blvd. MOTION: Ms. Crawford moved to adopt Ordinance No. 3730, amending Section 10.24.040 "Increasing Speed Limits in Certain Zones" amending speed limits on various streets in the City and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Ordinance No. 3731,an Ordinance of the City of Pasco, Washington,amending Title 25 adding provisions for residential design standards and amending Title 19 Mobile Home Parks. MOTION: Mr. Watkins moved to adopt Ordinance No. 3731, amending PMC Title 25, by adding provisions for residential design standards, amending Title 19 dealing with Mobile Home Parks and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Resolution No. 2882, a Resolution reimbursing'Nicholson Investment Properties, Inc., for a portion of the costs incurred for the underground conversion of electrical utilities in the downtown area. MOTION: Ms. Crawford moved to approve Resolution No. 2882, reimbursing Nicholson Investment Properties, Inc., $32,500 for costs incurred for undergrounding PUD lines in the downtown. Mr. Jackson seconded. Motion carried 5-1. No—Larsen. NEW BUSINESS: Road 68 Widening East Side Project No. 05-3-10: MOTION: Ms. Crawford moved to award the low bid for all areas in the Road 68 Widening East Side, Project No. 05-3-10, to Inland Asphalt A Division in the amount of $185,750.00 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Pedestrian Overpass Bridge at SR 395 and Court Street, Project No. 00-3-09: Council and Staff discussed the design &cost of the project. 2 mu% U=S REGULAR MEETING PASCO CITY COUNCIL JULY 18, 2005 MOTION: Ms. Crawford moved that the bid received for the Pedestrian Overpass Bridge over SR 395 at Court Street project be rejected and, further, authorize the staff to re-bid the project. Mr. Jackson seconded. Motion carried unanimously. Final Plat—Loviisa Farms II,Phase 5 (Aho Construction) (MF#05-70-FP): Mr. Watkins declared a conflict of interest and recused himself from voting on this item. MOTION: Ms. Crawford moved to approve the Final Plat for Loviisa Farms H, Phase 5. Mr. Jackson seconded. Motion carried unanimously. Airport Emergency Services Agreement: Council and Staff discussed the details of the agreement. MOTION: Ms. Crawford moved to approve the interlocal agreement with the Port of Pasco for emergency services at the Tri-Cities Airport and, further, authorize the Mayor to sign the agreement. Mr. Jackson seconded. Motion carried 5-1. No—Larsen. Approval of Minutes: MOTION: Ms. Crawford moved to table the approval of the July 5th minutes until the August 1 Regular Meeting to permit clarification of action regarding award of water reservoir bid. Mr. Jackson seconded. Motion carried unanimously. Water Follies Bikini Contest: Ms. Gail Sears, 250 Gage Blvd., Richland and Mr. Eric Van Winkle, 5812 W. Yellowstone, Kennewick, representing Clear Channel Radio and Mr. Chuck Keltch, 605 Rd. 54, Pasco, representing the Tri-City Water Follies Assocation addressed Council regarding their proposed Bikini Contest during the Water Follies events. It was the consensus of the Council that the event not be held during the 2005 Water Follies. MISCELLANEOUS DISCUSSION: Mr. Crutchfield requested Council set a Special Meeting July 25th, before the scheduled Workshop Meeting to approve a final plat. Council concurred. Ms. Crawford requested staff assistance in removing an abandoned car from City property. Ms. Crawford and Mr. Watkins noted concerns with.the PDDA Quarterly Report. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:32 p.m. APPROVED: ATTEST: Michael L. Garrison,, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this lk day of August, 2005 i 3 MINUTES SPECIAL MEETING PASCO CITY COUNCIL JULY 25, 2005 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Michael L. Garrison, Mayor. ROLL CALL: Councilmembers present: .Tom Larsen, Michael Garrison, Eileen Crawford, and Matt Watkins. Rebecca Francik and Joe Jackson were excused. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Denis Austin, Police Chief; Elden Buerkle, Management Assistant and Jim Raymond, Police Captain. BUSINESS ITEMS: Final Plat: The Villages at Chapel Hill (MT-III, LLC) (MF#05-108-FP): MOTION: Mr. Watkins moved to approve the final plat for the Villages at Chapel Hill. Ms. Crawford seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:05 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor ' Webster U. Jackson, City Clerk PASSED and APPROVED this 1St day of August, 2005 3(a).2 CITY OF PASCO Council Meeting of: August 1,2005 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the undersigned,do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. Gary Crutchfield, City Manager James W. Chase, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco,Franklin County, Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4373 and 4378 in the amount of$57,430.76, have been authorized;that Check No.s 149890 through 150126 are approved for payment in the amount of$963,583.40,for a combined total of$1,021,014.16 on this 1 st day of August, 2005. Councilmember Councilmember SUMMARY OF CLAIMSMIIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 280.22 Judicial 6,515.49 Executive 6,341.10 Police 147,563.96 Fire 5,226.81 Administration&Community Services 60,60225 Community Development 37,791 All Engineering 3,897.72 Non-Departmental 78,651.00 Library 72,125.16 TOTAL GENERAL FUND: 418,995.12 STREET 94,515.37 C. D. BLOCK GRANT 6,344.72 KING COMMUNITY CENTER 2,092.12 AMBULANCE SERVICE 1,896.09 CEMETERY 1,000.76 ATHLETIC PROGRAMS 309.52 SENIOR CENTER 4,564.28 MULTI MODAL FACILITY 2,657.55 RIVERSHORE TRAIL&MARINA MAIN 64.86 LITTER CONTROL 0.00 REVOLVING ABATEMENT 320.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 240.04 SUN WILLOWS RESIDENTIAL DEVELOPMENT 12,135.08 METRO DRUG TASK FORCE 1,044.73 METRO DRUG FORFEITURE FUND 1,024,05 GENERAL CONSTRUCTION 3,546.09 WATERISEWER 352,056.69 EQUIPMENT RENTAL-OPERATING 17,540.59 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDtCAUDENTAL INSURANCE 64,694.67 CENTRAL STORES 1,251.94 FIRE PENSIONS 4,825.18 PAYROLL CLEARING 29,888.75 LID CONSTRUCTION 5.96 GRAND TOTAL ALL FUNDS: $ 1,021,014.16 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval August 1,2005 The City Council City of Pasco Franklin County, Washington The following is a summary of payroll claims against the City of Pasco for the month of July 2005 w ' re presented herewith for your review and approval. G M11iager James W. Chase, Finance Manager We,the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditure$have been received and that payroll voucher No's. 33055 through 33269 and EFT deposit No's.30005251..Mtough 30005698 and City contributions in the aggregate amount of$1,413,404.63 are approved for pay'Ttent on this 1st day of August 2005. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 5,424.11 Judicial 47,832.31 Executive 31,463.40 Police 407,306.81 Fire 187,718.66 Administrative&Community Services 270,001.47 Community Development 51,766.47 Engineering 58,391.09 TOTAL GENERAL FUND 1,059,904.32 CITY STREET 29,383.51 BLOCK GRANT 5,577.24 MARTIN LUTHER KING CENTER 5,090.95 AMBULANCE SERVICE FUND 97,302.15 CEMETERY 4.,004.25 ATHLETIC FUND 95.56 SENIOR CENTER 9,100.35 TASK FORCE 7,720.73 WATER/SEWER 177,064.90 EQUIPMENT RENTAL-OPERATING 18,160.67 GRAND TOTAL ALL FUNDS $ 1,413,404.63 Payroll Summary Net Payroll 827,109.32 Employee Deductions 330,407.28 Gross Payroll 1,157,516.60 City of Pasco Contributions 255,888.03 Total Payroll $ 1,413,404.63 3(b).2 AGENDA REPORT FOR: City Council July 19, 2005 TO: Gary Crutchfi Manager Workshop Mtg.: 7/25/05 Regular Mtg.: 8/l/05 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 8/01: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 fai 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(c) 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 C. 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, In 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 2of5 6. Funding. 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 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. 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 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.1 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 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 4 of 5 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 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.: 811105 FROM: Denis Austin, ief of Police SUBJECT: Interagency Agreement for School Resource Officers I. REFERENCE: A. Proposed Interagency Agreement 11. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 7125:Discussion 8/1: 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: Cit.. Fu unds: $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 180 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(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 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 1 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 commence 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 loo. 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. C, 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 fiends for payment to the City for its services described h erein o r f unds from any e xpected f unding s ource b ecome u navaiiable, t he D istrict 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 after expiration. T he office of the S tate 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 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. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 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 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 Li 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 between Pasco School District No. I and the City of Pasco. Page 6 of 6 AGENDA REPORT NO. 26 FOR: City Council July 28, 2005 TO: Gary Crutchfi anager Workshop Mtg: July 25, 2005 Regular Mtg: August 1, 2005 FROM: Robert J. Albere*W c 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: 07/25: Discussion 08101: 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 Hugineering, Inc. V. ADMINISTRATIVE ROUTING Project File 3(e) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and NB 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. Scone 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, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis 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. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Nan-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable 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 , 2005 CITY OF PASCO CONSULTANT: By: By: Michael L. Garrison,Mayor Its ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland $. 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* ProjectManager.............................................. .............................. $150.00 Construction Manager... ................................................................ $120.00 Resident Construction Observer I ..........................................................$80.00 Resident Construction Observer II..........................................................$65.00 Construction Administrator ....................... ................ .. ..... . ..... $115.00 Clerical/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-Cali Construction Engineering Svcs 7-19.05.doc -~ Mr. Alberts J-U-B'l City of Pasco Page 2 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/Word 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-U-B 9/COP On-Call Construction Engineering Svcs 7-19-05.doc AGENDA REPORT NO. 28 FOR: City Council July 20, 2005 TO: Gary Crutchfie HManager Workshop Mtg: 7/25/05 Regular Mtg.: 8/1105 FROM Robert J. Alberi�21hUc Works Director SUBJECT: Amendment#4,yyAinsworth Overpass Agreement I. REFERENCE(S): 1. Proposed Amendment to Port of Pasco Agreement. II. 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(f) 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, 20031 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 4th 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 4'h 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 Files\OLK119\Fourth Amended Cooperative Action Agreement.doc 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 4th 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 41► 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 Piles\OLK119\Fourth Amended Cooperative Action Agreement.doc I 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 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 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\OLh119\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 supercedes 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. Hultgrenn 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 Crutchf 1 +anager Workshop Mtg.: 7/25/05 Regular Mtg.: 8/l/05 FROM Robert J. Albe -c orks Director SUBJECT: Ainsworth Overpass Engineering Services Agreement I. 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) IL ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 07/25 Discussion 08/01: 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 the City. The proposed agreement is on a time and material and inspection services is with 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(9) AGENDA REPORT NO. 25 FOR: City Council Date: 07/14/05 TO: Gary Crutchfi i Manager Workshop: 7/25/05 Regular Mtg.: 08/01/05 FROM: Robert J. Albert1**C- forks Director SUBJECT: Amendment No. 1 to the HDR Engineering Professional Services Agreement for the Composite Reservoir Project I. REFERENCE(S): 1. Amendment No. I II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 07125 Discussion 811 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. III. 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(h) 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`" 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, for 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. Sco a 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. 1 July 7, 2005 II Section 2. Com ensation 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 ) DR 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. 1 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 wdting. 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 11 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 l 1 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 11 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, MACE 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 MACE Certified Coating Inspector will not be on-site full-time. STARTUP COORDINATION 1) Purpose: • Provide coordination between the contractor (including the PLC/SCADA 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, PLC/SCADA 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 58 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 Jul 7 2005 � g Y 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 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 1.034 $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 MileagefTravel/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 w� � U O d N! a LL 7 m YI 14 FIT 5 • v rn 0 - N _ LLJ MM C� W D �! a sa Hr s T � j fu i I o 1�! I � i x i jN! � I _ 1 .....�.._.a_..a �OI �'GD9 H 'O n jo I� 'N 'O d O �O iN i0 N M O IL ip- ac 07 iN V OI GI .10 N .N N i�tl z , C1 ? i a � z r i d cu ix" S S �s° mj6 6 �N �t�.l .iOJ jClL9 �n kA ,tn9 CNl AGENDA REPORT TO: City Council July 20, 2005 FROM: Gary Crutchfi anager Workshop Mtg.: 7/25/05 Regular Mtg.: 811105 SUBJECT: Appointment Process for City Boards and Commissions L REFERENCE(S): 1. Proposed Revision to Resolution 2803 II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 7/25: Discussion Q' 8/1: MOTION: I move to approve Resolution No. U , 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 kind of discretion the screening than a in language which would provide for the g g 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(i) 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; provided however, the Screening Comm_ ittee may recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent has been interviewed by the City Council within the past four years. 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 AGENDA REPORT NO. 16 FOR: City Council July 26, 2005 TO: Gary Crntchfi i Manager Regular Mtg: August 1, 2005 Robert J. Albe Works Director FROM: Doyle L Heath, City Enginee SUBJECT: Road 68 & Argent Road Traffic Signal Project Nos. 04-4-02 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 05116: MOTION: I move to approve Resolution No. �accepting the work performed by Sierra Electric, Inc., under contract for the Road 68 &Argent Road Traffic Signal, Project No. 04-4-02. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On April 5, 2004, the City Council awarded the Road 68 & Argent Road Traffic Signal project in the amount of$112,143.00 to Sierra Electric, Inc. The final cost of the contract was $115,662.00. The difference was due to an increase in the number of traffic loops installed. When the signal was started, it was realized that the number of loops the design called for did not work well with the traffic flow patterns. Loops were added to resolve the problem. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File i 3(j) RESOLUTION NO. � A RESOLUTION ACCEPTING WORK PERFORMED BY SIERRA ELECTRIC, INC., UNDER CONTRACT FOR PROJECT NO. 04-4-02, ROAD 68 &ARGENT ROAD TRAFFIC SIGNAL. WHEREAS, the work performed by SIERRA ELECTRIC, INC., under contract for the Road 68 & Argent Road Traffic Signal, Project No. 04-4-02, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council concurs with Engineering recommendation and thereby accepts the work performed by Sierra Electric, Inc., under contract for Project, No. 04-4-02 as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws,regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 1 st day of August, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM. Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 17 FOR: City Council July 26, 2005 TO: Gary Crutchfi , i Manager Regular Mtg: August 1, 2005 Robert J. Alber P rks Director FROM: Doyle L Heath, City Engineer SUBJECT: 20t11 Avenue &Argent Traffic Signal Project No. 00-4-02 L REFERENCE (S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 05116: MOTION: I move to approve Resolution No. accepting the work performed by Sierra Electric, Inc., under contract for the 20th Avenue &Argent Traffic Signal, Project No. 00-4-02. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On July 6, 2004, the City Council awarded the 20th Avenue & Argent Traffic Signal project in the amount of$162,033.00 to Sierra Electric, Inc. The final cost of the contract was $165,923.06. The difference was due to an increase in curb and gutter that was installed. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(k) RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY SIERRA ELECTRIC, INC., UNDER CONTRACT FOR PROJECT NO. 00-4-02, 20TH AVENUE &ARGENT TRAFFIC SIGNAL. WHEREAS, the work performed by SIERRA ELECTRIC, INC., under contract for the 20th Avenue & Argent Traffic Signal, Project No. 00-4-02, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council concurs with Engineering recommendation and thereby accepts the work performed by Sierra Electric, Inc., under contract for Project No. 00-4-02 as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager: PASSED by the City Council of the City of Pasco this 1st day of August, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L.Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 62 FOR: City Council DATE: 7/27/05 TO: Gary Crutchfie Manager WORKSHOP: Richard J. Smi , Di ctor. 05 REGULAR: 8/1/05 Community an Economic Development FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION- Portions of California Ave & Salt Lake St Adjacent Block 15 Frey's Addition. (MF #05-81-V) I. REFERENCE(S1: A. Proposed Ordinance and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. , vacating portions of California Avenue and Salt Lake Street adjacent Block 15, Frey's Addition, and further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Property owners in Block 15, Frey's Addition submitted a petition requesting vacation of a portion of both Salt Lake Street and California Avenue adjacent their property. B. August 1, 2005 was set as the date to hold a hearing to consider the proposed street vacation. V. DISCUSSION: Qwest and Cascade Gas have asked that easements be retained in the right-of-way proposed for vacation. The City Engineer has indicated there are no City utilities in the right--of- way proposed for vacation. VI. ADMINISTRATIVE ROUTING: 7(a) ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF SALT LAKE STREET AND CALIFORNIA AVENUE ADJACENT BLOCK 15 FREY'S ADDITION. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the south 10 feet of Salt Lake Avenue and the east 10 feet of California Avenue adjacent Block 15, Frey's Addition, except that portion of the right-of-way described as follows; Beginning at the intersection of the vacated south right-of-way line of Salt Lake Street and the vacated east right-of-way line of California Avenue, thence southeasterly a distance of 25.6 feet, thence northeasterly a distance of 39.27 feet on a radius of 25.01 feet, thence southwesterly 25.01 feet to the point of beginning, as depicted in Exhibit "1" be and the same is hereby vacated subject to the easement retained in section 2 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the vacated right-of-way described in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco,this 151 day of August,2005. Michael L.Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L.Kenworthy Leland B.Kerr Deputy City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , is an ordinance vacating portions of Salt Lake St& California Ave. The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Sandy L. Kenworthy, Deputy City Clerk EXHIBIT # 1 " Ordinance ti RI 0 if WAY VA ATED ',.. 7L AGENDA REPORT NO. 18 FOR: City Council July 26, 2005 TO: Gary Crutchfi rty Manager Regular Mtg: August 1, 2005 Robert J. Albe Of"Wie Works Director FROM: Doyle Heath, City Enginee 44 SUBJECT: West Court Street Sewer Project# 05-1-02 1. REFERENCE(S): 1. Bid Summary II. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: 08101: MOTION: I move to award the low bid for the West Court Street Sewer Project in the amount of$116,834.04 and, further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Water/Sewer Fund. IV. HISTORY AND FACTS BRIEF: On July 26, 2005, staff received two bids for the West Court Street Sewer Project. The low bid was received from Sharpe &Preszler, in the amount of$116,834.04. The other bid received was in the amount of$139,369.10. The Engineer's Estimate for the project is $99,657.66. The scope of work for the project involves the installation of approximately 770 linear feet of 10-inch sanitary sewer and 80 linear feet 6f 4-inch sewer services. This will include the installation of 3 new manholes, and approximately 310 tons of ACP Patch. Staff recommends award of the contract to Sharp &Preszler. V. ADMNISTRATIVE ROUTING Project File 10(a) City of Pasco West Court Street Sewer Project Project No. 05-1-02 July 26, 2005 BID SUMMARY Total Engineer's Estimate $99,657.66 1 . Sharpe & Preszler $116,834.04 2. Ray Poland & Sons $1391369.10 AGENDA REPORT NO. 19 FOR: City Council July 26, 2005 TO: Gary Crutchfi anager Regular Mtg: August 1, 2.005 Robert J. Albei is Works Director FROM: Doyle Heath, City Enginee SUBJECT: 2005 Handicap Ramps Project# 05-3-09 I. REFERENCE{S): 1. Bid Summary IL ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: 08101: MOTION: I move to award the low bid for the 2005 Handicap Ramps Project in the amount of$77,264.48 and, further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: City Street Fund IV. HISTORY AND FACTS BRIEF: On July 26, 2005, staff received three bids for the 2005 Handicap Ramps.Project. The low bid was received from Classic Concrete Design, in the amount of $77,264.48. The second lowest bid received was in the amount of$86,336.00. The highest bid was for $100,250.00. The Engineer's Estimate.for the project is $87,640.00. The scope of work for the project includes removing existing sidewalks and installing handicap ramps in approximately 86 locations. Staff recommends award of the contract to Classic Concrete Design, V. ADMINISTRATIVE ROUTING Project File I I 10(b) City of Pasco 2005 Handicap Ramps Project No. 05-3-09 July 26, 2005 BID SUMMARY Total Engineer's Estimate $87,640.00 1 . Classic Concrete Design $77,264.48 2. West Coast Construction Company $86,336.00 3. Apex Contracting $1001250.00 i AGENDA REPORT NO. FOR: City Council A Date: 7/28/05 TO: Gary Crutch i anager Reg. Mtg.: 811105 FROM: Stan Strebel, Ad1n* jRLft7jf1e <4 d Community Services Director SUBJECT: Bid for Sun Willows Golf Course Pond Improvement Project No.05-6-02 I. REFERENCE(S): A. Bid Tabulation II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/1 MOTION: I move to award the contract for the Sun Willows Golf Course Pond Improvement Project No. 05-6-02,to the low bidder,Rexius, in the amount of $256,779.30, including sales tax, and further,to authorize the Mayor to sign the contract documents. I11. FISCAL IMPACT: Sun Willows Development Fund expense: Included in 2005 budget. IV. HISTORY AND FACTS BRIEF; A) On July 27, the City received four bids for the Golf Course Pond Improvement Project. (See Bid Tabulation, attached). Rexius, of Eugene Oregon submitted the low bid.This project will renovate two ponds on the course which have become a nuisance and an eyesore as they were never properly designed to keep the water fresh and maintain vegetation under control. The ponds will be enlarged, deepened and equipped with aeration equipment to maintain water quality. A third pond will be filled, graded and seeded to become a part of the fairway for the 15th hole. The Designer's estimate for the work as proposed to be awarded was$260,000. B) It is expected that construction will commence by September 6th with completion within 6 weeks. Staff recommends approval of the contract award. 10(c) C) 0 0 cn o � � rn C3) N N r N d � L L ° Q L w 11'L''' Q) ° ° Y +- =o v Q Q O O OOOOOO) CD 00 O O rn O � o o aoo CD, UlLo, o 0 0 6 CD o Uc Cl CC� oCO. 00m ( C 0 0 a X X X X X X X °O CD N O r t` — N CO M M LO 0 r 64 CA N N Efl r 6F 64 69 N 6% M 69 I- 0 O � O Q Eg 69 ❑ ❑ ❑ N U m m m m 0 00 00 °00000000 0 0 0 0 N O O �t >, O Cl) 00 V V) 0 Co co O O O O N f- OD P T O 69 CD CO CY) O O O ' N m CA N CA r tf) a) C)- 69 T �� O T X X X X X X X f- co � � C'4 C:) t- co r N e4 T N o% N 69 D Z Efi b9 69 ❑_ ❑_ �_ m m CO m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M O 0 0 0 O a O o 0 0 ,0 m 0 O o 0 6 U 0 0 0 0 0 0 N O O 6s 69 p O 0 C r T CQ r- O N x X X X X X X X _ T C r N O M r I— O Cfl r 613 � 64 bq 69 � 3 N 69 N 69 O Z 6H � p a fl ❑ ❑ m 0 m m m m 0 0 0 CZ) u» r- co 0 0 0 0 CY CO O O O O N N Cl) O O O O O O O CA Q O CJ) N T O 0 0 O h 0 0 LO C) V), LO co N o 0 6R C0 {p O O N co ao o C) O ` X X X X X X X ui 6 O N I - M O `r) CD O N LO CA r E N O r 6 6fl 4A ff3 N ff) M 69 6q 69 6R 0 m m CO 00 L LL E U) ? J J J J L ? J J , a) z ¢ ¢ Q r ° 'C r r r r T D T T D CL d d E u) � N C '- O 0 a- d cn Q 7 O U ° ° O o C9 c� O ca a a CD C� > 0 L U3 cv •o b (DI a x ° a otS c U} c U w m o O O ` •o M Z c p Q 79 a ° ° o ° c o an J _o � tai) m s x s J f: C L E ° O CC) U C In U {� OJ G U — U — a EUSa a� (-D _a c � cn , a cU) 'S cn u) Q O ❑ 000 (!) JJU) caZ mp U) 4 L JHQO� F- a Q 0 Q D Q N � ❑ h U F— U) T N M V CD N a = O v p m O r N co v a O r �, O r N c z m mz CO z Qz oz Dz AGENDA REPORT NO. FOR: City Council Date: 7/28/05 TO: Gary Crutchfi t anager Reg. Mtg.: 8/1/05 FROM:Stan Strebel,Ad a and Community Services Director SUBJECT: Bid for Loviisa Farms Park Development Project No. 05-6-01 I. REFERENCE(S): A. Bid Tabulation H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/1 MOTION: I move to award the contract for the Loviisa Farms Park Development Project No. 05-6-01,to the low bidder,Ashley-Bertsch Group,Inc. for the Base Bid and Alternate Nos. 1-5 in the amount of$187,911.32, including sales tax, and farther,to authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Park Development Fund expense: Included in 2005 budget. IV. HISTORY AND FACTS BRIEF; A) On July 27, the City received five bids for the Loviisa Farms Park Development Project. (See Bid Tabulation, attached). This project will consist of installing a new 5 acre neighborhood park in the subdivision which will eventually have nearly 700 homes. The estimate for the work as proposed to be awarded was $185;000. Staff recommends the inclusion of all alternates which will add more features to the park including: 1) An additional picnic shelter, (total (2)); 2) Upgrading the trail to asphalt; 3) Installing a small stage/riser to take advantage of the natural topography in the park for a small amphitheatre; 4) Adding additional play equipment for young children; and 5) adding additional lighting along the trail. B) The park plan was recommended by the Park and Recreation Advisory Council following the conduct of two public meeting at which neighborhood comments and suggestions were received. The Planning Commission held a public hearing on the proposed project on July 21St. There were no public comments or concerns expressed at the hearing. The Planning Commission is not scheduled to adopt findings of fact and a recommendation to the City Council until the meeting of August 18th, therefore the Council will not act on the conditional use permit for the park until the regular meeting of September 6`h. C) Staff feels that it is important to award the contract at this time so that the contractor can prepare to begin work. While it is not expected that work will actually begin until about the first of September, there is a short window of opportunity to install the irrigation system and prepare the site for seeding of turf before temperatures become too cold and irrigation water becomes unavailable. It is also important to the neighborhood to have the site planted to eliminate dust and weed control problems. Staff is confident that the Planning Commission will recommend the park plan as presented and that any changes to the plan required by the City Council can be included in the work by change order or by alternatives already priced in the bidding process. Therefore, staff recommends award of the contract to Ashley-Bertsch Group,Inc. 10(d) r o O r U C � F- z O O O O O r O r r O N N O N N 0 (D (D N O (D tD O I-- P- 0 ti 0 V V O ti f` O r r Cl) O V l� M (A O r LO t- N r-- 6) to , m rn O LO ui r H (A t! r r 00 C) U'> (D 00 r G 00 M r N N 0) r U O t Q)r m X X X X X O r N to Pl m MY M m r d Vy I-F 1` T r 1A to V! Efl to c- Eo r (fl to to 00 to r to r (U EF3 b9 691 O 0 ❑ U Q m in O (D w O (D tD O x 0 0 0 0 t` 1- 0 0 0 O N N O M O0 O m M 0 0 0 0 M W O u7 W O O N N O M N LO O d O O O U-) (D O m O U N O 00 V w O w m C0 M M N (D O O Cl) M N Cl r Cif I- M M (D OBI O w w CD I' O_ Ln � O U X X X X X 00 Cl) N O r a M to O O � O L to (D (D r` .- 00 N Efl N V) tR r bs tR to Hi 64 v- 3: to to to to Zto tR 0 00 U [] cli U d Cm r` 0 0 0 0 (n (r) o r- r, o r r a 0 Cl 0 q Nt N O 00 00 O v 1 O (D w O r- r- O U7 (C/ o N ti >, O tt7 06 (li r N (h (D v; 06 to M r r- co N O N I- w CA w N I- O O O m w M N ti Cl) O m O N CJ7 oc O O O O to m t- r- V N -1 X X X X O V M N r M y (D Cn L6 to En tD r 00 r to Co 6) r d3 r o fA Co to N - U), r U3, to to to cn Z (n N O (n ❑ m m a (D to O V 0 0 0 0 O O N M r o M m O 00 00 r O (p V M � N ti O N n m N w (C7 N N 00 N 0 O N m It 00 N t77 F- O (M O) m r O CD N to (fl O) CD \Y Lo CA d r- w C U G) O (3) r O N M 00 ti 0 N 00 N M aD N LO n C X X X X X r LC] (D N r (h O O L r tD l to v (D to fD v 00 r C) r 69 r 69 r r 64 r b9 to Cf> CL r ER r to to 4H (o ul)~ Q Z Ef3 to 0 ❑ n m U m m m 0 0 0 0 0 0 a o 0 0 0 0 0 0 0 0 0 0 O 0 0 0 O r r o CO co 0 m m 0 rn am o M m O O t7 O 00 00 O Ln ui O O to O M M O m tM O r O M 00 O r r 0 00 00 O r- t- O N N O �- r f~ CO W (D N 00 r LO (D M N 0 'IT W Q O X X X X X o v v o C4 r (V to C4 r` 691 1- m vi L6 W 00 r r 6H t+9 t» to (fl (a to V), r (� r to Z o ea O ❑ U C7 I I I I m I I I I cn Z J z U) J l J) J M t5 z z 0 r < CL O 0 tV E a- 2 Y � (G a 0 to S E _0 cc U- m a a to a) .- N U N 0 N O C V Q Z UJ ((nn Q Z •� Z :3 cy z O n o O txa w O N ° ° Cl) c Cl) Oo( 00 m v-0 - a - o o ° U° o U C j 0 = H I Q �a E°- v a a i� v In O Q r O r IN M (C7 m mz mz a Z AGENDA REPORT NO. 61 FOR: City Council DATE: July 27, 2005 TO: Gary Crutchfie Manager �( WORKSHOP: Richard J. Smi ,Director 43' REGULAR: 8/1/05 Community an Economic Development FROM: David 1. McDonald, City Planner SUBJECT: SPECIAL PERMIT: Yakima Valley Farm Worker's Clinic a Community Services Facility Level I in an "O" (Office) Zone (1620 Rd 44) (MF# 05-86-SP) I. REFERENCES . A. Report to Planning Commission: 7/21/05 B. Planning Commission Minutes: Dated 6/16/05 & 7/21/05 II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: MOTION: I move to grant a special permit to the Yakima Valley Farm Worker's Clinic for a medical clinic located at 1620 Road 44 as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On June 16, 2005 the Planning Commission conducted a public hearing to consider a special permit application for the Yakima Valley Farm Worker's Clinic proposed for the existing Lourdes Medical Center building at 1620 Road 44. B. Following conduct' of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to permit the Yakima Valley Farm Worker's Clinic to operate a medical clinic at 1620 Road 44. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. I 10(e) REPORT TO PLANNING COMMISSION MASTER FILE NO: 05-86-SP APPLICANT: Yakima Valley Farm Worker's Clinic HEARING DATE: 06/ 16/05 518 West First Ave ACTION DATE 7/21/05 PO Box 190 Toppenish, WA BACKGROUND REQUEST: Special Permit Community Services Facility Level I in an "O" (Office)Zone 1. PROPERTY DESCRIPTION: Legal: Short Plat 81-10, lot 2, Excluding the south 60 feet thereof. General Location: 1620 Road 44 (Building marked as 4403 Court Street) Property Size: Approximately 40,075 square feet or .92 acres. 2. ACCESS: The property has access from Road 44 and Court Street. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The lot in question is zoned "O" (Office) and is part of a multi-building medical office complex. Properties to the south and north are also zoned "O". The property borders residentially zoned (RS-40) county land to the west. Properties to the east across Road 44 are zoned R-S-12 (suburban district) and developed with single family homes. The properties along Court Street to the east are zoned C-1 (Retail Business). 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property for office uses. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State .Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. i AN"LSIS The property is zoned "O" (office). Because the applicant (Yakima Valley Farm Worker's Clinic) holds a nonprofit classification and provides medical services the facility falls within the definition of a Community Service Facility Level I. While medical offices are allowed in an "O" (office) district, the Community Service Facility Level I is not explicitly permitted in this district. According to PMC 25.86.020 "Community Service Facilities "may be permitted within any district where not otherwise prohibited," provided they are reviewed through the special permit process. The applicant has proposed to use an existing 6,262 square foot building to house the Yakima Valley Farm Worker's Clinic. This structure contains both unfinished areas and built out office currently being used as a medical clinic. The proposed clinic will provide family medical services. The existing facility is a women's clinic only. The new clinic will have 12 exam rooms, one minor procedure room and clinical and administrative support areas. A 668 square foot addition, to be built under the existing roof area, will be used for a waiting room. This addition would not change the overall footprint of the building. The mechanical and electrical systems will be upgraded to support the proposed use and layout. A fire suppression system is also planned. Site work includes re-routing traffic, increasing landscaped area and reducing hard surface area by 5.2%. No modifications are planned for the storm water system. The applicant anticipates that this use will generate up to 100 round trips(200 total trips) per day, most of which will occur between 7:00 and 9:00 am and 4:00 to 6:00 pm. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned "O" (office). 2. The site is located on 44th and Court Street. 2 3. Surrounding properties are to the north and south are zoned "O" . 4. Surrounding properties are used for medical and governmental office uses. 5. The Applicant will be using an existing 6,262 SF building. 6. The building is currently being used as a medical clinic. 7. The new clinic will have 12 exam rooms, one minor procedure room and clinical and administrative support areas. 8. The structure will be modified with a 668 SF addition. 9. The addition will be built within the original building footprint. 10. The building will receive mechanical and electrical system upgrades. 11. Impermeable surfaces will be reduced and landscaped areas increased by 5.2% 12. The Clinic will generate 125 to 150 vehicle trips per day. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Health clinics are not specifically discussed in the Comprehensive Plan, but various elements of the plan encourage locating businesses in appropriate locations for their anticipated uses. The Comprehensive Plan also encourages the grouping of similar or like business. The proposed medical clinic is being located adjacent other medical offices. 21 Will the proposed use adversely affect public infrastructure? Use of the proposed site is changing from one medical clinic to another. The existing infrastructure will not be impact by this change. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The general character of the neighborhood is a mix of residential, office and retail commercial uses. The intended character of the property is office uses. The proposed Community Service Facility is an office use. 3 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The site was built and designed to house medical offices. The proposed use is a medical office. The site design will be enhanced by the reduction in asphalt surfaces and the augmentation of landscaping. The location and height of the structure will not be changed. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed Community Service Facility will not add more noise, fumes vibrations, dust, or flashing lights than would any other permitted uses within the district. Traffic is estimated to be around 125-150 vehicle trips per day. The traffic will be similar to traffic generated by any other family medical clinic.. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposed site is located in an office zone. The site was designed, developed and used for medical offices. The proposed use is a medical office. The activity generated by an estimated 125-150 vehicle trips per day will be similar to traffic generated by any other family medical clinic. The proposal will not endanger the public health, safety, or welfare or create a greater nuisance than that of other permitted uses within the area. . i RECOMMENDATION I MOTION for Findings of Fact: I move to adopt findings of fact and conclusions there from as read. MOTION for Recommendation: I move, based on the findings of fact and conclusions there from the Planning Commission recommend the City Council grant a special permit to Yakima Valley Farm Worker's Clinic for the placement of a Medical Clinic at 1620 Road 44 with the following conditions: 4 {Proposed) Approval Conditions 1) The special permit shall be personal to the applicant; 2) The property shall be developed in substantial conformance with the site plan and building elevations (including materials) submitted, except as revised herein; 3) The proposed addition shall not change the footprint of the building; 4) A 10' landscaping buffer shall be constructed on the west end of the property 5) The clinic shall maintain all necessary state licenses for a health clinic; 6) Medical staff and clients must utilize the existing parking lot for parking vehicles and not the adjoining streets; 7) The special permit shall be null and void if a business license has not obtained by February 29, 2006. I i 5 VICINITY MAP ITEM : SPECIAL PERMIT Community Service Facility I APPLICANT: Yakima Valley Farm Worker Clinic FILE #: MF # 05-86-SP N O W. AGATE ST a SITE W. RUBY ST 0 Q 0 n! W. COURT ST d- n Q BROWN PL Df W. BROWN ST N J I- W, MARIE ST i t � f W. OCTAVE ST r W. HENRY ST W. HENRY ST LAND USE MAP ITEM : SPECIAL PERMIT Community Service Facility I APPLICANT: Yakima Valley Farm Worker Clinic FILE #: M F # 05-86-SP N W. AGATE ST o O Vacant SITE W. RUBY ST C o � Q Q O 7 11 0 FI E W. COURT ST BROWN PL Vacant W. BROWN ST N E:7 - W. MARIE ST W. OCTAVE ST - i W. HENRY ST W. HENRY ST ZONING MAP ITEM : SPECIAL PERMIT Community Service Facility I APPLICANT: Yakima Valley Farm Worker Clinic FILE #: MF # 05-86-SP N a W. AGATE ST SITE W. RUBY ST 0 4 SFE U's 0 W. COURT ST � 1 Q O BROWN PL O W. BROWN ST N n�n W. MARIE ST W. OCT T W. HENRY ST W. HENRY ST REGULAR MEETING June 16, 2005 PLANNING COMMISSION MINUTES June 16, 2005 A. Public Hearing: SPECIAL PERMIT: Yakima Valley Farm Workers Clinic, (Yakima Valley Farm_ Workers Clinic) (MF# 05-86-SP Chairman McCollum read the master file number and asked for the Staff report. Staff reported that the applicant (Yakima Valley Farm Workers Clinic) was requesting approval of a Special Permit for the Yakima Valley Farm Workers Clinic. Staff reported the proposed clinic is a level one community service facility. The proposed clinic will have twelve exam rooms and one minor procedure room and clinical and administrative support areas. Staff reported the proposed location is zoned office and the building is currently being used as a medical clinic. Staff also reported the estimated traffic it would generate would be 100 trips per day. Chairman McCollum asked if there were any questions of Staff. Commissioner Hay asked staff if there had been any consideration given to the intersection at 44th and Court for a traffic light. Staff responded that the issue was not researched because the amount of traffic should not change significantly. Commissioner Smurthwaite asked if this would be an additional clinic on Road 44. Staff explained this clinic is replacing an existing clinic, so one clinic would close before this one would open. Commissioner Little stated that with twelve exam rooms there would be three to four providers. Each provider will see 25-30 patients per day. That estimate does not include shots, and allergy shots. Commissioner Little believed the traffic would be closer to 200 trips per day one way. Commissioner Mosebar asked how the number of 100 daily trips was arrived at. Staff responded that the applicant had provided the number. Staff stated further information could be provided. Commissioner Hay asked if staff had received any phone calls or letters pertaining to this item. Staff responded they had not received any phone calls or letters. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Patrick Bucknum, 160 Terry Lane Selah WA, stated the clinic will be a four physician clinic, with each physician seeing approximately 20 patients per day. The clinic is budgeted to have 21 employees. Peter Tope, 210.1 East Zillah Drive Zillah WA, explained the company was a REGULAR MEETING June 16, 2005 PLANNING COMMISSION MINUTES June 16, 2005 501C3 nonprofit organization. Mr. Tope explained there are currently 25 sites in Washington and Oregon. Mr. Tope explained the reason they are looking to locate in Pasco is because they are a nonprofit and they have a legal obligation to put the money they make back into expanding services. Dennis Dean, 1310 N 16t" Avenue Yakima WA, explained the proposed changes to the layout of the site. Mr. Dean explained the new landscaping and showed the Commission where parking would be removed to add additional landscaping. Commissioner Mosebar asked if the access to the site would be off of Road 44. Mr. Dean responded that both access points would be off of Road 44. He also stated that he believed there would be about 100 trips each way, making 200 daily trips. Commissioner Mosebar asked if there would be room for expansion. Mr. Dean responded there is room for expansion but the clinic has found it is not currently feasible. Commissioner Mosebar asked if this clinic was primarily for farm workers, and what the clinic expected the primary mode of transportation to the site to be. Mr. Dean responded that this clinic was for farm workers only. He also stated that there is a transit stop out on Court Street. Mr. Bucknum clarified that the clinic is open to anyone, not just farm workers. Commissioner Mosebar asked if there is a need for a walkway on Road 44. Staff responded that sidewalks already exist on the west side of Road 44. Commissioner Rose asked what this clinic is going to do that La Clinica is not already doing. Mr. Bucknum responded that this clinic will provide a focused family practice services. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, the public meeting was declared closed. Commissioner Rose moved the Planning Commission close the public hearing on the special permit application. Initiate deliberations, and schedule adoptions of findings of facts, conclusions and a recommendation for the Planning Commission meeting July 21, 2005. Commissioner Mosebar seconded, motion carried unanimously. Staff explained there was a two step process for review.of a special permit. This month the Planning Commission conducted the public hearing. Next month they will review the findings of fact and make a recommendation to the City Council. i III REGULAR MEETING July 21, 2005 PLANNING COMMISSION MINUTES JULY 21, 2005 A. Old Business: Special Permit: Yakima Valley Farm Workers Clinic, (Yakima Valley Farm Workers Clinic) IMF# 2005-86-SP) Chairman McCollum read the master file number and asked for the Staff report. Staff explained a public hearing was held at the 14,st regular meeting, where public input was provided on the proposed spec* raj The public hearing was closed and deliberations for the develqnenl ` commendation was set for July 21, 2005. Staff added that thers � `oneg made in the report since the last meeting. Staff noted that the amours o tr`: s'der day was going to be 100 round trips per day totaling 200 €ps.per Chairman McCollum asked if there were ark gtlstions of Staff Commissioner Little noted that the applicant W-. they.we planning on having 25 employees, with four providers seeing 20"Patierits ]' day each. He calculated that would equate to 125 round trips per dad equating to at least 250 trips per day. Commissioner Gundy asked if ther* was a st6plight at Road 44 and Court. Staff responded currently there w$E� pot topl�ght- Commissioner Little stated he,wa about the safety at Road 44 and Court. E _ Commissioner Mosebar asl d Commissioner Little if changing the trips per day to 300 would affect th ''oneit-tsion of the findings of fact on page three number three and page four nurrijer* y- and six? ;.; Comm�ss € n P responded itE QUld not, but he would like the Commission to be prQgctift towards a potential p�r�tblem rather than reactive once the probl mi.b6curre d St4f 66mmented that the ��ilding has been used for medical practices in the pest`: The use was not elrging. Corri � ner Smurthwsked staff if changing the findings of fact to show moreftt') Pjr day, would1so require the conclusions to be edited as to reflect the chap ! '. 11 Ra t r EEE _ . Staff respondges need to be made. Commissioner S"r ''```Eiwaite read the findings of fact changing # 13 to read-- The LEr clinic will generate 1' 5 to 150 vehicle trips per day. Commissioner Smurthwaite read conclusions # 5 and # 6 to read as follows: # 5 The proposed Community Service Facility will not add more noise, fumes vibrations, dust, or flashing lights than would any other permitted uses within the district. Traffic is estimated to be around 125-150 vehicle trips per REGULAR MEETING July 21, 2005 PLANNING COMMISSION MINUTES JULY 21, 2005 day. The traffic will be similar to traffic generated by any other family medical clinic. # 6 The proposed site is located in an office zone. The site was designed, developed and used for medical offices. The pt opose use is a medical office. The activity generated by an estimated 125 trips per day will be similar to traffic generated by any other farms ral clinic. The proposal will not endanger the public health# ty, g fir or create a reater nuisance than that of other permittees wltli u i ; ........... ;j"rji: Esl'iiyt„'••;;Es,;,ai°7 iit'ts ':ii:.::;4i`it;ia�z•� Commissioner Smurthwaite then moved i' anning CorriYn n adopt the Findings of Fact as contained in the staff sled (as indicated above) by the Planning Commission. Commissioner Anderson seconded, mo ± n harried un4nti� sly. Commissioner Smurthwaite move&";Da$04 On e findings t fact as adopted, the Planning Commission recommend :#fie Ctly , nil grant a Special Permit to Yakima Valley Farm Workers linXc. fob ' 'M"I' t clinic with conditions as contained in the staff report. T conditions read into the record as P � contained in the staff report - Commissioner Hay second d tli'e motion dtion carried unanimously. fit:iT5 eq% ,ai'asa r>y ur4ez.::isi'i's: •£i:iy�ia:':::.. .s!t;;�.�.ys.=i^�ii;i��:is„ � SEtiiE::ii'�ii•vn9•-p�je:?v.,.-, Ef,,!! �'1��ii ^^�'�:il.. =w�Sa•=_3a:i:,y-.`�:::��1�.+}. :PNUti:ifi::i1,ifi,3�s�:2'T.6.„*fi'S,....°..<..i,{ r.t�'d"�.'.`i i•�: ....4,,si:�.jc1�-N; . ;ei:a 'N"sue.r' :,..c.......r�e�i^�. ;•;ter.. �.ar;#` ���!I�i���Ya'�^' tils f.F :^ .sr:''w,s,'�jiij�°• . :iliil3!ay:c£�' siis:iF . AGENDA REPORT FOR: City Council July 28,2005 TO: Gary Crutchfield, City Manager Regular Mtg.: 8/1/05 FROM: Stan Strebel�erviWeesD ative and Communi irect or SUBJECT: Funding Commitment Wade Park(Road 54)Boat Launch I. REFERENCE(S): A. Letter from Tim Fife,April 6,2005 B. Resolution No. 2602, July 16, 2001 C. Letter to Franklin County Commissioners, July 20, 2005 D. Franklin County Resolution No. 2005-295 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/1: Motion: "I move to approve the cost sharing agreement with Franklin County for the Road 54 Boat Launch and to authorize allocation of up to$75,000 from the Capital Improvement Fund". III. FISCAL IMPACT: $75,000,Capital Improvement Fund IV. HISTORY AND FACTS BRIEF: A) This item was discussed by Council on May 9b. At the direction of Council at that time, staff has obtained a cost sharing agreement (see attached 7/20/05 letter) to secure Franklin County funding of $75,000 (for a future project by the city to complete additional planned improvements in the area of the boat launch), in exchange for the City's commitment of $75,000 for the County's current project to develop the boat launch. B) It is recommended that the City's commitment be allocated from the Capital Improvement Fund as this project is eligible for expenditure from that fund. With this allocation there will be no use of general fund dollars. Staff recommends that the Council formally approve the cost sharing and allocation. V. ADDITIONAL DISCUSSION: A) In 2001 the City agreed to partner with Franklin County in a grant application to purchase property for an improved public boat launch and parking area on the Columbia River at Road 54. This is the west end of Wade Park. B) The City committed $32,500 toward this effort (see Resolution No. 2602) and the actual cost to the City was$26,903.91. C) The County has now completed plan development and permitting and is ready to submit a boating improvements grant application for the main part of the project (boat launch, circulation and parking). The projected cost of the improvements is $600,000 and given the 25% local match requirement (splitting 50150 with the County), the City's share would be approximately $75,000 if the grant application were approved and the project completed within the estimated cost. D) As the County is moving to limit its involvement in recreational facilities, staff anticipates that the City will ultimately assume maintenance of the facility(together with the rest of Wade Park) if County-lased Corps of Engineers properties are transferred and included under the City's lease of riverfront properties. E) While boating improvements grants are very favorable with minimal local participation required, they are limited in scope, therefore, other improvements which may be desirable (i.e. restroom and additional non-boater parking) are not eligible for inclusion at this time. 1O(f) i RO- MKLIH COG PUBLIC WORKS DEPARTMENT Tim Fife, P.E., Public Works Director/County Engineer ~� Guy F. Walters,Assistant Public Works Director April 6, 2005 TF-05-031 Stan Strebel Administrative and Community Service Director City of Pasco P.O. Box 293 Pasco, WA 99301 Road 54 Boating Access Improvements Dear Stan I want to thank you for the opportunity to meet with you to discuss the Road 54 Boat Launch Project. If we are to apply for IAC boating funds, I need to determine if the City of Pasco would be willing to partner in the 2005 application. The application to IAC is due May 2, 2005. We anticipate the cost of the boating improvements to be approximately $600,000 based upon last year's estimate and contingency. The grant is a 75% IAC/25% local. Would the City of Pasco be willing to participate by splitting the local match requirements or approximately $75,000? I look forward to hearing from you, and please don't hesitate to contact me should you have any farilier questions. Sinc ely, Tim Fife, P. . Public Works Director/County Engineer 3416 Slearman Ave. Pasco,WA 99301-3776 • (509)545-3514 • FAX(509) 545-2133 RESOLUTION NO. 2602 A RESOLUTION supporting the Boating Facilities Program Local Boating Program Grant Application by Franklin County for the Erwin Trust Boating Access Project and committing up to $32,500 for the local cash match requirement. WHEREAS, Franklin County and the City of Pasco are interested in the development of recreational access sites along the Columbia River; and WHEREAS, Franklin County has submitted an application to the Interagency Committee for Outdoor Recreation Boating Facilities Program Local Boating Program for grant funding for acquisition of the Erwin Trust Boating Access at Road 54 and the Columbia River, Pasco, Washington; and WHEREAS, the City of Pasco desires to support such application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That the City of Pasco does hereby support the Application of Franklin County for funding for the acquisition of the Erwin Trust Boating Access, and 2. That the City of Pasco does hereby commit funding of up to $32,500 (50% of the local cash match requirement) for said acquisition, contingent upon grant approval. PASSED by the City Council of the City of Pasco this 16"' day of July, 2001. r Michael L. 6afrison, Mayor ATTEST: APPROVED AS TO FORM: C-w - — -�� co Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney r CITY MANAGER (509) 545-3404 /Scan 726-34041 Fax (509) 545-3403 P.O.Box 293 (525 North 3rd Avenue) Pasco,Washington 99301 July 20, 2005 Franklin County Commissioners 1016 N. 4th Pasco WA 99301 CITY 1`R ,?�,=.. OFFICE RE: Road 54 Boat Launch Dear Commissioners: The Pasco City Council has considered the County's request that the City share the local match commitment for the County's IAC Road 54 Boat Launch grant application. The City appreciates the County's leadership in this project and the partnership that has resulted in well-used improvements along the rivershore. The City will commit to funding one-half of the local match for the grant (up to $75,000) if Franklin County will commit $75,000 from its Paths and Trails fund for the balance of the development of the Road 54 area per the County's master plan (i.e. restroom, additional parking, picnic area). In view of the County's source of funding, the project would include at least $75,000 in expenditures related to Bike Path/Trail construction or modification. The County's commitment would be further conditioned to expire, if not exercised by the City, on July 1, 2015; that the City would not request funding for at least three years from the date of this agreement; and that the City would give the County one year notice prior to formally requesting such payment (thus allowing the payment to be budgeted). The City appreciates the opportunity to work cooperatively on this project and believes that this proposed agreement for cost sharing will allow us to maximize our efforts to serve the citizens of the greater Pasco urban area. If this proposal is acceptable, please sign below indicating the County's agreement to this proposal. jG y, tc tt nager GC/SS/dz Franklin County Commissioners: Frank Brock, Chair eva Co m Robert Koch FRANKLIN COUNTY RESOLUTION NO. 2005-295 Jut. BEFORE THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY, WASHINGTON RE: AGREEMENT REGRADING PATHS AND TRAILS FUNDS BETWEEN / FRANKLIN COUNTY AND CITY OF PASCO WHEREAS, pursuant to RCW 36.01.010 and RCW 36.32.120 the legislative authority of each county is authorized to enter into contracts on behalf of the county and have the care of county property and management of county funds and business; and WHEREAS, the Board of Franklin County Commissioners constitutes the legislative authority of Franklin County and desires to enter into the attached agreement as being in the best interest of Franklin County. NOW, THEREFORE, BE IT RESOLVED that the attached agreement between Franklin County and City of Pasco is hereby approved by the Board. APPROVED this 25th day of July, 2005. BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Frank H. Brock, Chairman Attest: Nev . orkPOKMember oe Clerk to Afe Board obert E. koch, Member AGENDA REPORT FOR: City Council Date: July 28, 2005 TO: Gary Crutchfield, City Manager Regular Mtg.: 8/1/2005 Stan Strebel, ACS Director j�JA FROM: Sandy Kenworthy, Deputy City Clerk SUBJECT: Minutes of July 5, 2005 Council Meeting L REFERENCE(S): 7/5/2005 Council Minutes. H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the Minutes of the July 5, 2005 Council Meeting as originally presented. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: (A) Council tabled the approval of the July 5, 2005 minutes to permit staff to review the audio tape concerning action that was taken on the Road 68 Composite Reservoir. Specifically, it was questioned whether Councilmember Larsen seconded the motion and voted no as presented in the minutes. (B) After review of the tape it was verified that the minutes are correct as prepared. Mr. Larsen seconded and voted no on the motion. 10(9) MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 5, 2005 .CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Michael L. Garrison, Mayor. ROLL CALL: Councilmembers present: Robert Hoffmann, Tom Larsen, Michael Garrison, Joe Jackson, Eileen Crawford, and Matt Watkins. Rebecca Franeik was excused. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Denis Austin, Police Chief; and Elden Buerkle, Management Assistant. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated June 20, 2005. Removed from Consent Agenda and moved to Item 10g-New Business. (b) Bills and Communications: To approve General Claims in the amount of$853,716.80 ($78,331.19 being in the form of Wire Transfer Nos. 4359 and 4363 and, $775,385.61 consisting of Claim Warrants numbered 149393 through 149635). To approve Payroll Claims in the amount of$1,332,177.97, Voucher Nos. 32872 through 33054; and EFT Deposit Nos. 30004818 through 30005250. (c) Amendment No. 1 to the CH2M Hill Professional Services Agreement: To authorize the Mayor to execute Amendment No. 1 to the CH2M Hill Professional Services Agreement for Road 88 Sewer Interceptor Project. (d) JUB Agreement—Lewis Street Design: To approve the Agreement with JUB Engineers,Inc., for engineering services for the Lewis Street design. (e) Resolution No. 2880, a Resolution establishing criteria for consideration of financial assistance for underground conversion of overhead electric utilities in the Downtown area. To approve Resolution No. 2880, establishing a program to provide financial assistance for the undergrounding of electrical utilities in the downtown area of Pasco. Removed from Consent Agenda and moved to Item 8d - Ordinances and Resolutions not relating to Public Hearings. (f) Resolution No. 2881, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Salt Lake Street and California Avenue adjacent Block 15, Frey's Addition. To approve Resolution No. 2881, fixing 7:00 p.m., August 1, 2005 as the time and date for a public hearing to consider the proposed vacation. MOTION: Ms. Crawford moved to approve the Consent Agenda as amended. Mr. Jackson seconded. Motion carried by unanimous Roll Cali vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Garrison presented Certificates of Appreciation for June 2005 "Yard of the Month"to: 1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 5,2005 Laura Miller, 1520 W. Yakima Henry and Maria Gonzales, 220 N. Waldemar Keith and Donna Best, 133 Berkshire Lame John and Pauline Clark, 3007 70th Place Joyce Amtson, 5016 W. Sylvester Kevin and Delia Moser, 6407 Comiskey Drive Tom and Kathy Robinson, 8813 Whipple Avenue REPORTS FROM COMMITTEES AND/OR OFFICERS: Councilmembers Crawford, Watkins, Hoffman, Larsen, and Garrison all gave favorable reviews of the Grand Old 4th Celebration. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3727, an Ordinance of the City of Pasco,Washington, amending Chapter 9.48 "Park Code" of the Pasco Municipal Code. MOTION: Mr. Watkins moved to adopt Ordinance No. 3727, amending Chapter 9.48 "Park Code" of the Pasco Municipal Code and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Ordinance No. 3728,an Ordinance of the City of Pasco,Washington, creating Chapter 3.30 of the Pasco Municipal Code entitled "Boulevard Perpetual Maintenance Fund." MOTION: Ms. Crawford moved to adopt Ordinance No. 3728, establishing a new Chapter 3.30 of the Pasco Municipal Code entitled"Boulevard Perpetual Maintenance Fund" and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. MOTION: Ms. Crawford moved to authorize the transfer of reserved maintenance monies from the Park Fund to the Boulevard Perpetual Maintenance Fund. Mr. Jackson seconded. Motion carried unanimously. Ordinance No. 3729, an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of Lots I and 2 of Short Plat 2004-25, located in the northeast quarter of Section 26, Township 9 North, Range 29 East from C-1 (Retail Business) to R-1 (Low Density Residential). MOTION: Ms. Crawford moved to adopt Ordinance No. 3729, granting a rezone to Branwood Company from C-1 to R-1 as recommended by the Planning Commission and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Resolution No. 2880, a Resolution establishing criteria for consideration of financial assistance for underground conversion of overhead electric utilities in the Downtown area. Council and Staff discussed the details of the Resolution. MOTION: Ms. Crawford moved to approve Resolution No. 2880, establishing a program to provide financial assistance for the undergrounding of electrical utilities in the downtown area of Pasco. Mr. Jackson seconded. Motion carried 5-1. No —Larsen. UNFINISHED BUSINESS: Resolution No. 2878, defining the community process to select the paint designs for the current water reservoir and the water reservoir to be constructed at Road 76 and Sandifur. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 5, 2005 MOTION: Mr. Watkins moved to approve Resolution No. 2878, defining a community process to select the paint design for the city water reservoirs at Road 76 and Sandifur. Mr. Jackson seconded. Motion carried unanimously. NEW BUSINESS: Martin Luther King Roofing Project: MOTION: Ms. Crawford moved to award the low bid for the Martin Luther King Roofing Project to Scholten Roofing Inc., in the amount of$86,466.72 including sales tax and,.further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Road 68 Composite Reservoir—Project No. 04-2-06: MOTION: Ms. Crawford moved to award the low bid for the 2.5 mg composite reservoir to Landmark in the amount of$4,014,731, plus sales tax (Option 2). Mr. Jackson seconded. MOTION: Mr. Hoffmann moved to amend the motion to choose Option 3 in the amount of$3,904,731. Mr. Larsen seconded. Motion carried 4-2. No—Larsen, Crawford. Amended Motion carried by unanimous Roll Call vote. Special Permit: Food Bank in an I-1 (Light Industrial) Zone at 504 S. Oregon Avenue (Golden Age Food Share) (MF #05-63-SP): MOTION: Mr. Watkins moved to approve the special permit for Golden Age Food Share to locate a Food Bank at 504 S. Oregon Avenue as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. Special Permit: Location of a Day Care at 1803 West Bonneville Street (MF#05-76- SP): MOTION: Ms. Crawford moved to approve the special permit for Jeff& Yolanda Robinson to locate a Commercial Day Care at 1803 West Bonneville Street as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. Special Permit: Balcom & Moe Parking Lot (535 N. Ist Avenue) in an I-1 (Light Industrial) Zone (MF#05-85-SP): MOTION: Ms. Crawford moved to approve the special permit for Balcom & Moe to locate an off-site parking lot at 535 N. 1st Avenue as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. Special Permit: Van Transportation Services from the Colimas Bakery at 1320 N. 4th Avenue (MF 905-77-SP): MOTION: Mr. Watkins moved to approve the special permit for Daniel Mendoza to locate a Van Transportation service at the Colimas Bakery located at 1320 North 4th Avenue as recommended by the Planning Commission. Mr. Jackson seconded.Motion carried unanimously. Approval of Minutes: MOTION: Mr. Watkins moved to approve the Minutes of the Pasco City Council Meeting dated June 20, 2005. Mr. Jackson seconded. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 5, 2005 MOTION: Ms. Crawford moved to amend the VISITORS - Other than Agenda Items, to read: Mr. Leonard Dietrich, 4615 Hilltop Drive, stated that he was not happy regarding comments made regarding his City Council contributions and he stated his intentions were honorable. Mr. Hoffmann seconded. Motion failed by the following Roll Call vote: Yes—Larsen, Crawford, Hoffmann. No—Watkins, Garrison, Jackson. Original Motion carried by the following Roll Call vote: Yes—Hoffmann, Watkins, Garrison, Jackson.No—Larsen, Crawford. MISCELLANEOUS DISCUSSION: Ms. Crawford noted apparent inconsistencies with the Planning Commission's Fast Track process. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:55 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this 18th day of July, 2005 4