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HomeMy WebLinkAbout2010.01.25 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 P.M. January 25, 2010 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILIITEMBERS: 4. TTEMS FOR DISCUSSION: (a) TRIDEC Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Carl Adrian,President,TRIDEC. (b) Waiver of Utility Service Requirement-Dwight Leavitt-BSP 2009-02 Lot 2: 1. Agenda Report from Michael McShane,City Engineer dated January 7,2010. 2. Resolution. 3. Vicinity Map. 4. Petition for Utility Service Waiver. 5. Utility Service W�dver Agreement. 6. Sewer Fee Estimate. (c) Lewis Street Land Acquisition/Relocation Services: 1. Agenda Report from Robert J.Alberts,Public Works Director dated January 6, 2010. 2. Vicinity Map. 3. Agreement. (d) Bridge Study MOU: 1. Agenda Report from Gary Crutchfield, City Manager dated January 20, 2010. 2. Cost Allocation. 3. Proposed Memorandum of Understanding with BFCG. 4. Request for Proposals. (e) Arraignment Defense Counsel: 1. Agenda Report from Stan Strebel,Deputy City Manager dated January 21, 2010. 2. Memo from Lee Kerr, 3. Draft Arraignment Counsel Agreement. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) Acquisition of Real Fstate (b) (c) 7. ADJOURNMENT REMINDERS: 1. 4:00 p.m., Monday, January 25, Port of Benton -- Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER MATT WATKINS,Rep.; AL YENNEY, /alt.) 2. 7:00 p.m.,Tuesday,January 26, TRAC-Community Forum. 3. 7:30 a.m., Thursday, January 28, 7130 W. Grandridge Blvd - Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN,Alt.) 4. 4:00 p.m., Thursday, January 28, 7130 W. Grandridge Blvd - TRIDEC Board Meeting. (COUNCILMEMBER MIKE(.ARRISON,Rep.; TOM LARSEN,Alt.) 5. 5:30 p.m., Thursday, January 28, 710 W. Court Street - Benton Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK,Alt.) AGENDA REPDXI' NO. I FOR: City Council January 7, 2010 TO: Cary Crutchfield, City Ma r Robert J. Alberts y 1` •ks Director CII PROM: Michael McS `ity Engineer Workshop: 01/25/10 Regular: 02/01/10 SUBJECT: Waiver of Utility Service Requirement—Dwight Leavitt— BSP 2009-02 Lot 2 P.M.C. Chapter 16.06 I. REFERENCE(S): 1. Resolution 2. Vicinity Map 3. Petition for Utility Service Waiver 4. Utility Service Waiver Agreement 5. Sewer Fee Estimate I.I. ACTION REQUESTED OF COUNCILISTAFF RECOMMENDATIONS= 01125: Discussion 02101: MOTION: 1 move to approve Resolution No. , conditionally granting the sewer utility waiver request by Dwight Leavitt. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. The applicant has requested a sewer waiver in order to install a temporary structure for their business. Restroom facilities would be of a portable type with a tank to be pumped and maintained by the property owner. P.M.C. 16.06 requires connection to the utility system when a building permit is issued unless such requirement is waived by action of the City Council. B. The nearest sewer main would require the installation of approximately 5200 linear feet of pipeline to cotinect. The existing sewer system in this area is at a higher elevation than this property so a lift station and force main would be required to contiect. C. The City is developing plans to construct a lift station in the vicinity of this property. When complete this lift station would decrease the distance required to corinect to sewer and would allow this property to be served by gravity flow. V. DISCUSSION: Any determination or decision by the City Council to waive utility requirements is to be based upon the waiver criteria provided in P.M.C. 16.06.040 as follows: (1) Special circumstances applicable to the property in question or the intended use that do not generally apply to other properties or classes of uses in the same vicinity or zoning classification. Nearest sewer main is located 5200 feet from property and would require a pumping station and pressurized sewer line to connect. (2) A waiver is necessary fur the preservation and enjoyment of a substantial property right or trse possessed by other properties in the same vicinity and the saute zoning classification, which because of special circumstances is denied to the property in question. 4(b) The expense of sewer installation is unreasonable at this tinge for the intended use of the property (equipment pick up and drop off). (3) The granting of'the ►vaiver w;11 not be detrimental to the public welfare or injurious to other property improvements in such vicinity and Zoning classification, which the subject is located. A temporary struCture would be placed on the property to allow for paper work and supplies to be maintained on site. This would be similar to the temporary struclLures often used by conti'actors on job sires. The property owner would be responsible to maintain all temporary restroom facilities in accordance with City and state regulations. (4) The granting of a waiver will not conflict with the general intent of'this chapter. The use of the system is temporary. The property will be required to comiect to the sewer main when one becomes available. In the past when Council approved utility waivers the following conditions applied: (a) Allots the temporary use of the portable septic system with approval of the health department. (b) Require the applicant to provide the city with $32,681,67 to cover the appropriate area, front footage, system fee and stub out fee for the future sanitary sewer. (c) Require the applicant to connect to the sanitary sewer when the sewer is available. (d) Require the utility waiver and agreement to be binding upon the land and enforceable at the demand of the City. Based upon a review of the criteria above, staff recommends approval of the sewer waiver request if conditioned to include provisions 4(a), (b), (c), and (d). If Council concurs staff will. prepare the necessary waiver agreement and have it signed by the applican prior to the next regular Council meeting. RESOLUTION NO. A RESOLUTION TION CONDITIONALLY GRANTING THE SEN ER liTILITY WAIVER REQUESTED BY DWIGHT LEAVITT WHEREAS, Dwight Leavitt has requested a utility service waiver for sewer in order to install a temporary structure with restroom facilities. The Pasco Municipal Code requires connections to the utility service when a building permit is issued unless such requirement is waived by action of the City Council pursuant to PMC 16.06.040; and WHEREAS, the City sewer main is located 5200 feet from the property, and connection would require the construction of a private sewer lift station and pressurized sewer main to service the property; and WHEREAS, the City Council has having found that special circumstances are applicable to the property that do not generally apply to other properties in the same vicinity or zoning classification; the granting of the waiver will not be detrimental to the public welfare or incurious to other property improvements in such vicinity; and subicet to conditions provided below, such grant of a waiver will not conflict with the general intent of Chapter 16.06 of the Pasco Municipal Code; and WHEREAS, the applicant has signed the necessary waiver agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. A conditional waiver is granted to Dwight Leavitt requiring sewer utility services to its property know as Lot 2 of Binding Site Plan 2009-02, situated in Pasco. Washington, to pernnit the use of a temporary tank system upon the following conditions: A. Allow the temporary use of the portable septic system with approval of the health department. B. Require the applicant to provide the City with $32;681.6; to cover the appropriate area, front footage, system fee and stub out fec for the future sanitary se-kver. C. Require the applicant to connect to the sanitary sewer when the sewer is available. D. Require the utility waiver and agreement to be binding upon the land and enforceable at the demand of the City. Resolution - I Section 2. This Resolution shall become effective upon its adoption. APPROVED by the City Council of the City of Pasco, Washington, this day of February, 2010. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Resolutim -2 VICINITY MAP -- DWIGHT LEAVITT SEWER WAIVER SCALE 1" = 500' l�Z EXISTING CITY SEWER S f F1 �,. BSP 2009-02 LOT 2 ` t2 / J. A"r 11 1 '-•� r+..F•.• i :tF"�a,,.n Lid .. ` �' �(\{�"y \ /rr I _ _ F'UT'URE LIFT STATION `r. _ LOCATION i .�_. I + _ _ L__':i ter" �;r T CITY OF PASCO PETITION FOR UTILITY SERVICE WAIVER PLEASE C01v4PLETE THE APPLICATION CLEARLY AND ACCURATELY t rem era [ (:Name _ wner/Applicant)(lst party) (Name of Owner/Applicant) (2nd party) (Address) (Address) q (o G (Phone) (Signatu (Signature) General Location of Property: n l ez t'r4 U? P A- rro (give location relative to streets, intersections, etc.) Tl1r. N�r��'l�cas¢ 4�¢PY-rr Legal Description of Property for which the Utility Waiver is reques Led: ��_Sr��,'D�f� Run e, 36 e=ras-t t vi.M' rrc,^ �,� CbL1N C Gs��> -turdy t� Cr C�Sr>•t �i ucertrr 4 eg-- T r- d-Cr (M d K-< Sclu t W e's-f �i S�-40 Srt'rt"o+) a/ , TvwnskP � No��l� f=ur •�a � o Current Land Use of Property: - --t-r, gL Ri;7rk��g �� t 1) Type of utility waiver requested? Water Sewer 2) Describe the reason for requesting a waiver from the requirement to connect to the municipal water and/or sewer system? o Y) -4& 3) Describe alternative method of utility provision from which a waiver is requested? �v t,Z,S�gs ><1�jctt4 i �7c� bi T M 2LCJ J M i? L.L 1 �j v� ��'or G r tit P 4) Special circumstances applicable to the property in question or intended use'? ruck RAC_ t Gu , men—I - m 1 �. �clt tt �� 4F r�e� . Q �- --�v T Q�P�r w o�t••C �e�', 7) What changed or changing conditions warrant the proposed Utility Waiver? 6) What other properties in the same vicinity and within the same zoning district have received a Utility Waiver or are no� t connected to ane of loth or the municipal utility systems? 7) How will the public health and welfare be protected by gran ing the ,#� CL--r, V11 r►� o-- Utilitv Service Waiver? � o f L L. \\%tilorkgroup2\Engineering\F_.rngineering Working Fold er\f=orms\Utility Wavier Peticion.c,.oc WHEN RECORDED RETURN TO: City of Pasco, Washington Engineering Department 525 North 3rd Avenue Pasco, WA 99301 UTILITY SERVICE WAIVER AGREEMENT (CHAPTER 16.06 PMC) 1) The undersigned is the owner of the real property situated in Franklin Crnmty, Washington and described as; Tax Parcel # 113-510-088 Leal: Binding Site Plan 2009-02,Lot 2 2) The undersigned has made application for waiver of the utility service requirements of Chapter 16.06 PMC and the Pasco City Council has by motion approved said waiver conditioned upon the undersigned snaking the following agreements and acknowledgments with the City, which the undersigned does hereby freely and voluntarily make: a. The undersigned agrees to provide the City of Pasco with all necessary Health District approvals for the temporary use of a septic system at the above referenced property; b. The undersigned understands that use of a septic system is temporary only and that in the future a sanitary sewer may be installed in Dietrich Road. When sewer becomes available in Dietrich Road the undersigned understands that they will be required to remove the temporary system and connect to sanitary sewer. C. Require the applicant to provide the City with $32,681.67 to cover the appropriate area, front footage, system fee and stub out fee for the future sanitary sewer. d. The above covenants to the City shall run with the land and be binding on the owner, on the undersigned, his/her heirs, devisees, successors and assigns and all owners now or hereafter of the land above described, or of any of said land described above. UTILITY SERVICE WAIVER AGREEMENT P AGE 2 e. violation of any of the above covenants may be enjoined and the same enforced at the suit of the City. DA'Z'ED this day of 2010. Signature of Legal Property O,,Amer(s) STATE OF WASHINGTON ) . ss. County of Franklin ) On this day personally appeared before me to be known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and vokmtary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2010. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: r�f City of Pasco- Washington - - �` Application for Water f Sewer Services Number of Parking paces: 0 New Service No: E10-0014 Account#: Wh at Services: Date: Application Number: Lock Meter Off?: Service Type: Location Description: Service Area: Billing Classification: Water Billing Classification: Sewer Legal Description: Lot 002 Block 000 Addition BS0902 Parcel Number: 113610088 Frontage: 474 ft Depth- 0 ft Area: 0 sf Additional Legal Description: BINDING SITE PLAN 2009-02 LOT 2 Annexation Agreement: Meter Address: 1336 DIETRICH RD Name of Applicant: Name of Owner: LEAVITT, DWIGHT & SH Billing Name: Site/Field Contact: no name or phone given Billing Address: City,State & Zip: Water Service Type: Meter Reconnection?: Meter* Date Installed: Make: Reading: Size (in): # of Digits. #of Dials: Water Patch Lengtn (ft): 5 Sewer Patch Length (ft): 0 Sewer Depth (ft): 0 Explanation: FEES Sewer- Connect to Existing St $4,000.00 Sewer Tap $75.00 S Fee - Front Footage (LF) $11,850.00 S Fee- SF - Irregular Lot $14,820.67 S System Fees- Inside - 1 Inc $1,936..00 Total Fees $32,681.67 The sewer deposit for patch will be refunded after inspection and acceptance by the Engineering Department. The applicant's signature is accepted understanding applicant has permission from the record owner of the property to make this application and is acting in the property owner's interest. Applicant further agrees to conform to all ordinances, rules and regulations now in existence and as hereafter amended or supplemented governing the Water/Sewer utilities. Applicant further agrees that the City shall have the right to shut off the water supply at any time without prior notice for repairs, extensions, nonpayment of rates, or for other good cause, and that the City shall not be responsible for any damage caused by breaking, bursting or collapsing of any boilers, pipes or fixtures or by the stoppage or interruption of the water supply, the shutting off of the water as a condition precedent to receiving water service. Applicants for water service who are converting to the City utility from well service must disconnect thier well water to their residence prior to connection of City water service to prevent contamination of the City water supply. Signature of Applicant Date 0111312010 Signature of City personnel filling out report Pubic works Field Division Copy 17 1�15 Ntl9'19.11-W 16 U.S.S.R N89'29'31'W 839.90' 16 15 opq 20..-4 2838.26• , 376.7' 104.1171 T)60.LU 21 22 BINDING SITE PLAN NUMBER4 FOUND CASED ti.00' LwRIet3I U.s.B.R PORTION OF SEC. 211 T,9 N., R.30 E., W.M. ` BRASS CAP STAMPED 1412G I CITY OF PASCO FRANKLIN COUNTY, WASHINGTON f I (,, I I C?_bWNER.S CERT1FiCAIE --� r� / tXE IIMLR41CAf0 XEPE 9Y L[RTFS THAI/4 aRE THE O/NCRS,CP t A',7 OF LJ Q dND OESCfi6CD MR�OlI NG lkRE9Y C:kTFY 1HA7 THE 9MDOH OF P� •�'y C �- HOWII OR THE RIND 1.0 SITE PLAN HAS BEEN MIOf WIN OUA:REL CAN 's I H ACOOPOANC[Wh,OUR PLSRES AC TO THE 01t15UN if THE PROPIA Ir//'� LSD ERRCY THAT ILL UNIITY"""If AND STREET PIONTS-DF-'MAY SNOJPy*W�N ~'\~ FI 00 f R A(NEREBI fFCCIT 0 TO TIE rJBLIC . 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PY JJNOTIDX 50Td3,AND 9AcKrP l rDR TIE RD'S PRIMARY AND SECONDARY •,Y L A,p I r� 7.27 ACRES Y ^ A SCMTH£A4TCRLY OF A UNS pESCRr-�AS-BEOPVriNO AT THE ;TON 4TST[L IN ACCOROMCE WILT PI,D SPECIIIGT101 SNO INDINWAl M COMPANY }OIS. �J�IBLCA Or 6Ni SECTgH 21;7N.NCE Nd11N m'0!'OL'FAST.ALd10 SL yn FLyL AOvaIN Pa,11E41 K LINE EYK11g•W FEES 4uTl wtl PPnVIV u,l 4F11R amr ni P ULIE OF SAJp nCTON 21,FOR 1011 R7 FCET TO 7 WOE POINT OF 4174 vH W 1P ITT EAIIIIENTS PRIOR 10 PU0 COWSTRUCTON AND/OR CONNECTDN OF ANY ELCMICAL 425.96' K y �iFENCf NPR-.1 9=00'M11 fOR 40586 FEET; 1NEJJCE NMTJ E 7O OR WTNW TH B:1,1i SITE PLAN �+ I +LTV' T TM 9$9.41 F(ET, III TNCRM EOWbD AE51 rOR 147.84 FECT; d w �'✓ {Jj. JmyT(y, �y 1115'a-50-WD W =al ti+N"z1 14'56'19'MEET r01 750.67 FECT 1P THE NtaTFGASTFTLY RI011 Of ,�jC� A,(-/7-Of 465.98• t AAY 4 AIfHLE 4ND THE IMNUS Or SLID LNE;ANO EXCEPT c ml {! �y� ^H .�;-I— — — — — — j ®+J O AxHyE M'0 DICOIIW ROAD RK11T OF WAYS CONTAV41RC 14x45 cMITY PU.D. It a??O[5Si "LF4W } Ig OR LESS. Z PL TD EAWK NTS.RESETIVA11CNS,CO£ N AND 1DO ING 9 E P L6N DUL�-ADL 1 S TM JAV K RONdW \y \ dENi M-VIEj)1 MT MID L'5E OF TAE LA167 DESCRIBED HEREIN SNAL,9C IN ACONDµCE WrH MS N �- +P{• 1 g qi. 4im"9rE PLµ,AS T'NAY BF A1IENEEO Y41H THE APPROVAL OF THE OTT AND IN ACURDAMCE 7AAS d je ,P v y' ,p d M6TN SUCH OTTER COYMNIJENTAt PERV.TS,APPROVALS,REMAOONS,RCOJ 1JEXtf.AND {♦� S` TO (}FE TAB. RESTRICTION$THAT WAY BE DI 00 UPON S.0 LAND AND THE DEVELOPMENT THEREOF.INIS n II� 1{F 4� ?p� �•. w - L a4 x sI�E Pip NE M BE I3NONC Llop,ALL NOR OR HCitGFTCA fUWIG AMY IXiCREST N Ilf LEGEND O SET 6/8'AEBAR W/ORANOE PLASTIC ..J �1.� CAP WRKED IS AAD 38021• C LINE '}, SCALE 1" L�lJ 5/R• s POLUX2 5/Bm RMMAR f I"r•_he�F@ � \ �rEk, �f-A-i� \ w• + FOUND S/TS•REBAR MARKED'MORLEY a 4'r��+ �' p{ \rw IL'+ 11 A16 .FOUND CASED O.O.T.MONUMENT w FOUND CASED I A:f, e z i r`¢`�F'fp, •K,1111ny, T- ROB FOUND CASED MONUMENT PER RSI R5/2-147 $' 20 21 BRASS CAP ,p b> .y0 POSITION OF MONUMENTS WERE NOT HELD N'89'13 7"N — 1 876.4T''fF I 1 g =CALCULATED OO.T.STATION, NOT FOUND OR SET BaS CE It 2601.19- 1 � _ U Y, PASCO; EAST LEMS STREET INIER40HANCE PLANS etv 29 28 N '1.i 2�tY 2801.83' �n' RSf3_ a \ 28 27 U.SB.R.-FOUND UNITED STATE euNEAU OF RECLAMATION CAP o FOUND CASED —' II ` LLS,B.R r9• ��, 7' E�TNIE 8,0,6.-BASS OF BEARING BRASS CAP a ° (\ ? '§, A-HREE-SECOND ki TA71ON ( 6 1 e_ADDRESSES a P xeuc AAAem A,y.n,a,urnn r<unw t,A "� 44F N+¢� �j '^1I Fu.1713td8R,X,,,,Ne14m.noe.n4e1,AI TO''CDN R (1LJfil -RECORD DISTANCE RS}3-50, AF}1710619 �� \\QA � � �:Ae,r•1,aa,Ym,m,I,ryn1C1(„F13G8AP1 SURVEYOR'S CERTIFICATE BINOING PLAN FOR II AU 'S CERTIFICAT sr R4 �PpsUt,'YBY/Nc 4C, I, AARON A.OYCK,A LICENSED LAND SURVEYOR IN ATE OF 0,, i�F aA o FILED ICARO THI �, CAY OF 1525 N DB:WlJ --PL U tpr c WASHIHOTON,HEREBY CERTIFY THAT THIS MAP ; REPRESENTS '% �J X X SEC T. R. G9 A7 MIMJTES PAST AN ACTUAL nELO SURVEY CONDUCTED BY ME,IN WITH THE ,@„M, CCftDf6 VOLUME��OF vLrx lRLx wA 99J1L 4m • e �:F FAK�(P509)70•v 57h SURVEY RECORDING ACT AND THAT THE CORNERS H STAKED ON BI" I PLANS PACE tf4•AT THE .m a ME A RON A.DYC-K, I.S. e4,ee:anOlNOHmw,..reor, THE GROUND AS SHONE HEREON A7 THE REQUEST . COLUMBIA •. 2f 9N JOE q° EAST,I.LC,AND ALL BEARINGS AND DISTANCES ARE CORRECT, Js RI y EC COLUMB A EAST, LLC t� � 42378sP1.01� n zcwv FRANKLIN TY AUDITOR OATS!04/E8/09 SHT. I OF 2 n 0.A C7lP1P,Ttd:of 13� PU1Y J`J•�$D�S DRAWN BY;AAD/OCI ,JOB}4237 V 0 en , AGENDA REPORT NO. 01 FOR: City Council January 6, 2010 TO: Gary Crutchfi 'Tanager FROM: Robert J. Alberts t ii. orks Director Workshop Mtg.: 01/25/10 ( Regular Mtg.: 02/01/10 SUBJECT: Lewis Street Land Acquisition/Relocation Services 1. REFERENCE(S): 1. Vicinity Map 2. Agreement 11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 01/25: Discussion 02101: MOTION: I move to accept the agreement from HDR Engineering for the land acquisition and relocation services for the Lewis Street Overpass project. I11. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 2000 Council passed Resolution 2532 adopting the planned location for a new overpass at Lewis Street. B) On July 21, 2008 the Council approved an Agreement with CH2MHill for pre- design services. C) On March 2, 2009 the Council approved an Agreement with CH2MHi11 to perform the NEPA environmental document for the Lewis Street Overpass project. D) In 2009 the Washington State Department of Transportation (WSDOT) budget provided$3.0 million for the Lewis Street Overpass project. E) In November of 2009 the City received notice that $750,000 has been allocated for the Lewis Street Overpass Project in the Federal Transportation Bill. V. DISCUSSION: The next two (2) phases for the Lewis Street Overpass project is for land acquisition and the actual design services for the overpass. Approximately $4.0 million has been secured to date for these two phases. Staff anticipates additional funds will be needed in the next 18 months once the costs are better defined. The proposed agreement with HDR Engineering is for the land acquisition and relocation services for the Lewis Street Overpass project. Approximately 26 parcels need to be acquired. The proposed services would be on a time and material basis not to exceed $442,000. The fee does not include the actual land acquisition or relocations costs. Staff is anticipating these costs to be $2.0 million or less. The actual costs will not be known until after the services being provided by HDR Engineering is completed. The land acquisition and relocation work must be performed in strict accordance to federal guidelines and by approved specialists in this field. This limits the 4(c) options to the City. HDR Engineering is the only firm with a local office which has the qualified staff and experience to perform this work. The firm is also willing to commit their resources to complete the work in as short a time frame as possible. The other options are to contract with firms outside the area or with the State directly, In reviewing the option with the State, staff concluded the process most likely would take longer and the final costs would most likely be the same. The acquisition cost will be paid out of the $3.0 million WSDOT funds and need to be spent within the next 18 months. Staff believes that the HDR Engineering proposal is the best option and recommends Council approve the Mayor to sign the contract. LEWIS STREET OVERPASS f �1'• j{ ta•'l n r•r ! { l..y b .i• a+, �" r! t ✓r- • l - ) • f.., �• _ {`... l� .� j j• ':� �, tip;�•.•. :y:i^' �a � �•. L "•rML: '�-�. • Ali L- �.• 'i '�t,..r 1 _+��C^'1 1 _ 4 �- r } i ���. Y•¢'�'r�'1 .. ,Y 9. ''. f � j�to }.', s4'L. ! �, Ji I it•- r' * •rri .:� } '-' S`r-r a, r• �1 .r }/r\ i • i1. �t r r ',i► �� r Tom'' -� , � • 1 ` S � � � 1./ � "r � � .. i; 'ice '� I•••j ''3•� pit '1� ! ` A'le. if Jr ��. •�. t. •.r .k < .'��.,:•R.-r ',.�'? 1: .r�5. t � � t „E j: ,� t�`u �f�' .� '", .'N't'-='''�t ;-�_""•'S,•' 't�'`�i ,. ....' ,. y"'' ..` ;�. ACQUISITION - :: , ; � • -� la AREAS �'�l a1� �` "��. �! �r �`�i.'',,,�r.� �1 r � �•a- �Mi 11�, —*,r: '�� t �� i r- � _ �a � 'o �j a ttr• �7- �y�.°'� '�'�,/�'1�L v "�'_,�� 1! �` i.. ���c �1- _ '� .�" i;.. "� t�� rt •�i�ciS��-a� •�� ^\' .� r:.Si�+'1" !l. a�� /,�S � T ,� +lr,�p• � �Ti'l.. <a w. ,}�-�r 1 Now M •1. �{'`-5.�".. �` ��a � _r�r _ �+•�t��•} y��" r 'M� �1` t.�/t�~ ri� ( ''✓' ..s� .1' /. � � ���jSY� _ � ✓,+�'� ��. w:J J. 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A a--f�'-y`t�. •a _ 1' -y�' "�4 Ln'./- l .�...•,�L•i- f{ tee �''` � •.1` , �t Yf1 ` �„':.�•s " . L1 `` " -i� �.. Cj' r �••S �4 `t�4V' - , ' ]' �' as 1 j 2 � J T �• �• 1 +Mr�'y� �'• `t r�.`a. 't�"s H.Y j,•t •, '� .- �` t L;j - �s'� `. _.- t•i 1 t 'r' ; - e .� :y y ... -' see ; � 1'� ''� 9` J \• `� �• � 1 • � - ��� e•li �� •�f►•A4 ��\+ f � � -y' T ... _, y i � '�^'',. i j ., .1' <.�•: ��.r� e_ '�' •�1fi�J�•j�. ,-•M f fT `.',� mc Jf Now �,Q•,• III"'�rr�' -. � I��.a.bn. ..+--^'...,.e+r '� �wa., Y.,' � t ...� ` � � i �.;t'::v� `�'1 '• �5t li ��'+r �a _'��� � ti� Fi - _-�'.ij'R• = - - w��� „S � �'i' ,_. i. ! .. � `_K•w.�y'•••�' � _t 'v:t 7w a•.- ' �- jl! �u i .S. R }� •�� � 'J' _ •F'.ij� � 1� �� �ice.' .6i"S.. i� n t•. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and HAR 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 land acquisition and relocation services with respect to the Lewis Street Overpass project. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: X. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Pavments. 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 sun. of $442,000 without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant_ The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of nerformanee. The Consultant shall perform the work authorized by this Agreement promptly and strive to have all work completed within 16 months. 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 hannless the Indemnitees from: A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant perfonmance or non-performance of said work or service. 6. �jgneral and nrofessiaual liability insurance. The Consultant shall secLue and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen(15) days of execution of this Agreement. 7. Discriminag2n Prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. S. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor; results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (1 Q) days in advance of the effective date of said termination. 11. Inte;ration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant arainst 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 frill amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 16. Notices. Notices to the City of Pasco shall be scat to the folio-Mng address: City of Pasco P. O. Boa 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: HDR Engineering, Inc. 2805 St. Andrews Loop, Suite A Pasco, WA 99301 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF ,2010. CITY OF PASCO CONSULTANT: By: By: Joyce Olson, Mayor Signature, Printed Name and Title ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Exhibit A DRAFT PROPOSAL CITY OF PASCO LEWIS STREET OVERCROSSING WORK PLAN APPROACH We look forward to tailoring specific processes to comply with the City's policy, procedure, and preferences. The success of a project often hinges on the planning effort at the front end. Our managers believe in comprehensive planning before negotiations commence. Our project managers will plan and manage the right-of-way services for this project. Our managers have years of experience coordinating with governmental agencies,. and will strategize and coordinate the project thoroughly from the beginning, including ail scheduled steps to make certain all Federal and State guidelines are followed. The project team will work closely with the City to develop or.refine acquisition, relocation and survey plans, including a detailed schedule with specific tasks and assignments based upon a detailed Scope of Work. During the planning period, systems will be set up in accordance with the City preferences, and all team members will learn their roles and responsibilities in the context of the project, as well as the City's expectations. All team members will also become familiar with the City's internal processes, as well as the City's right-of-way policy and procedures manual. A system of communications witl be established. A meeting schedule will be set-up at the beginning of the.planning stages,,and meetings will occur regularly to keep the project on track. We are confident that we:can achieve all project goals through up-front planning to streamline the'acquisition and relocation processes. The HDR project managers, in coordination and conjunction with the City Project Manager, will develop acquisition and relocation ,plans with defined process, reporting, and formatting structures that provide guidance to the right of way team. HDR will provide an experienced team of talented professionals who will work together to find targeted solutions and achieve City goals, HDR agents have experience working on acquisition and relocation projects requiring compliance with the Uniform Act, and in particular with FHWA regulations. HDR requires agents to maintain detailed time records and diaries, and adopts internal procedures, policies, and standards to match specific client requirements and demands. Strong priorities are professionalism, client confidentiality, and highest quality service which exceeds expectations. As your Right of Way Consultant, we perceive that our main functions will be: (1) To ensure that all work is performed according to City direction and preferences (2) To manage the contract, budget and schedule (3) To manage data according to City preferences (4) To ensure follow-through on our team's commitments. HDR manages its own subconsultants and provides all necessary acquisition and relocation . services, document tracking and management services. HDR's managers will work closely with the City's Project Managers to discover ways to provide assistance, offer recommendations whenever challenges are presented, and to check in on progress and satisfaction with HDR performance. Specific tasks performed by our HDR project managers include: • Meet with City Project Managers, project design teams, right of way team members and sub consultants to ensure compliance with City policies and procedures and State and federal requirements for funding, to ensure project is on schedule and within budget, to manage CA/QC issues and to report on project progress and resolve specific issues and problems. We anticipate three in-person meetings.- • Attend up to six project meetings • Monitor and update the project schedule as it relates to right-of-way acquisition and relocation • Attend up to two public meetings • Prepare a Right-of-way Appraisal Acquisition Plan, if necessary • Prepare and maintain tracking and.status documenfs-in a form satisfactory to the City • Prepare agendas and meeting minutes for all meetings involving Right of Way personnel The following section describes our proposed work plan for completing tasks that we anticipate would be identified in a detailed Scope of Work. ACTIVITIES TO BE UNDERTAKEN IN COMPLETING THE PROJECT Following are the activities.that HDR would undertake sequentially and/or concurrently to complete a Scope of Work for the City of Pasco Lewis Street Overcrossing Project. Our present understanding is that a Scope of Work for right-of-way services for the Lewis Street Overcrossing Project for the City of Pasco would include acquisition and negotiation, relocation assistance, right-of-way certification. All acquisitions and relocations would be performed in accordance with Federal Laws, State Laws, and local requirements and procedures. Task 1-Title • Review title reports obtained by the City of Pasco and prepare a report for each parcel recommending which exceptions should be retained and which cleared • Prepare draft legal documents to convey the necessary interests for review and approval by City legal counsel. Task 2-Appraisals for up to 25 parcels with 15 owners, not including City owned properties • Contract an acceptable and qualified appraisal firm and manage the appraisal process • Prepare a Project Funding Estimate conforming to WSDOT LAG standards using available public information and records and comparable sales data gathered in the appraisal process • Prepare Administrative Offer Summaries for uncomplicated, low cost acquisitions in compliance with approved WSDOT standards for the City of Pasco • Coordinate the format, appraisal problem, and timeline for the necessary appraisals with the appraisal subcontractor from the outset to maintain project schedule • Provide title information and exhibit maps identifying each acquisition to appraisal subcontractor for their use in appraising each parcel • Ensure that all appraisals meet state and federal requirements • Ensure that all appraisals meet requirements to be acceptable for use in eminent domain proceedings Task 3- Appraisal Review for up to 25 parcels with 15 owners, not including City owned properties • Contract an acceptable and qualified appraisal reviewer and-manage the appraisal review process for 15 appraisals • Forward completed appraisals to review appraiser in coordination with the project schedule • Prepare Determination of Value for the City's review and signature Task 4-Acquisition & Negotiation for up to 25 parcels with 15 owners, not including City owned properties • Prepare offer letters and all other acquisition documents in compliance with State and Federal Laws, utilizing forms approved by the City, for up to 15 separate owners on 25 parcels • Coordinate the appraisal inspection with the appraiser, property owner and tenants to identify what is real property and personal property and establish ownership of each for appraisal acquisition and relocation purposes • Present all offers in person, when feasible • Make a maximum of 4 significant personal contacts with each owner with the intent of reaching settlement for the conveyance of the'.'property rights needed • Manage the closing process for each acquired. parcel including title clearance assistance, processing of signed documents and-facilitatiri' -payments • Prepare condemnation packages as required for transmittal to the City legal counsel when negotiations have reached an Impasse • Maintain current and detailed negotiator's logs for each parcel • Provide a Negotiator's Disclaimer for each parcel upon transmittal • Prepare organized closing packages containing all pertinent documents and forms for transmittal Task 5-Relocation Plan for up to 15 displaced businesses, NPOs and landlords • Interview each identified displaced person, business, public agency or owner of personal property to ascertain their needs, issues, operational circumstances and concerns • Prepare appropriate documentation of all interviews using City approved forms and formats • Prepare a Relocation Plan including, but not limited to, identifying all displaced parties and their needs, discussing present living or operational situations, identifying potential relocation problems and suggesting solutions, researching appropriate real estate markets and associated information for available replacement housing or commercial sites, discussing the availability of adequate replacement housing or sites, and estimating relocation costs • Submit a completed Relocation Plan, together with photos and completed relocation interview forms, to the City for review and approval • Assure Relocation Plan is submitted to WSDOT for review and approval Task 6- Relocation Assistance for up to 15 displaced businesses, NPOs and landlords • Prepare and deliver all required relocation notices including at least General Notices, Eligibility Notices and 90 Day Assurances • Provide ongoing and appropriate relocation advisory services to all displaced parties to industry standards • Provide relocation assistance services to displaced parties including, but not limited to, calculations of relocation payments, assistance with filing claims and move monitoring • Provide complete file and documentation upon completion of each relocation case Task 7-Certification • Provide certification memo, quality control review of all acquisition and relocation files and attend WSDOT certification review, if needed In addition, HDR could provide additional services.to the City of Pasco as described below. Any such additional services would have to be considered as additions to the proposed general scope of work described above and are not included in-the'.attached cost estimate, Other Right-of-Way Support Services • Manage the process to provide -surveys and prepare right-of-way plats and legal descriptions as required • Manage the process to provide environmental services-for Phase I and possible Phase II Environmental Assessments to assist in the valuation of properties • Assist in securing and managing construction subcontractor to perform curative work as required • Provide services for the relocation of utilities needing to be moved for the project • Provide security and property- management.-assistance, including patrolling, fencing and boarding-up of various City properties • Provide Spanish translation services • Provide a secured, online project tracking database with customized information for the client • Provide additional assistance for acquisition and/or relocation cases for owners and displacements that 'have ;extraordinary situations due to unfavorable credit, criminal histories and disability challenges that will require more than industry standard efforts • Estimate and scope assumes standard commercial appraisals. Additional appraisal work and expert witness fees are billed separately as additional support services Cost Estimate for Services An estimate for HDR Engineering to provide complete right of way acquisition and relocation services for the City of Pasco Lewis Street Overcrossing Project is attached hereto as Exhibit "A". This estimate provides a full service of right of way tasks and costs for delivery of your proposed project. Exhibit"A" HDR En ineerin ,Inc. T 1114;2010 2010 Fully Burdened Hourl Rates Cify of Pasco at Total Estimated Loaded APPRAISAL ACQUISITION? RELOCATION RELOCATION Estimated Labor Employee Category Hourly Rate TITLE APPRAISAL REVIEW NEGOTIATION PLAN SERVICES CERTIFICATION Hour Cast Relocation Project Manager 200.15 30 100 25 155.00 31,022.94 Acquisition Project Manager 268.44 10 5 60 75.00 20,133.36 Sr. A ent 107.53 105 45 15 360 525.00 56,450.94 Sr.Relocation Specialist 112.15 125 250 375.00 42,057.60 Relocation Specialist 82.59 175 575 750.00 61,939.80 ROW Tech/Relo Coordinator 79.39 200 15 15 450 50 350 150 1,230.00 97,654.13 Project Controller 92.16 501 50 100.00 9,216.48 27,168.91 8,714.00 4,146.01 95,151.26 38,445.94 127,936.38 16,912.74 3,210.00 316,475.25 318,475.25 Expense Meals(180 days 46.00 per day) 8,280.00 Lod in 180 days; 70.00 per day) 12,600.00 Vle2 a 18,000 .55;mi1e) 9,900.00 Black and White copies 5000;.10 each) 500.00 _ Color copies(1000;.75 each) 750.00 J Mail and Express 500.00 5%Markup on Expenses 1,626,50 Tech nology Charge $3.70 per hour 11,877.00 Total Expenses 46,033.50 Subconsultent Appraisals 15 at 3,950 each __59,250.00 Appraisal Reviews 15 at 1,200 each 18,000.00 Total Subconsultant Expenses 77,250.00 Total Client Estimate 7 441,758.75 Assumptions: I ! This estimate is based on 15 parcel owners Thts estimate assumes no right of way services need to be provided on parcels already owned by the client This estimate assumes that escrow and closing costs will be paid directly by the client Tha above rates are subject to an annual increase effective January 1,2011,not to exceed 51/6 wbcut prior apprcv al. A$3.70ft it and fed*.ech nologi charge is not included in the hourly rates proposed above, 7h s aiditec direct exoerse will be billed or a northly basis. _ The fully burdened rates are calculated us! a 2.83 mLc p4ler. AGENDA REPORT TO: City Council January 20, 2010 PROM: Gary .16y Manager Workshop Mtg.: 1/25/10 Regular Mtg.: 2/1/10 SUBJECT: Bridge Study tOU 1. REFERENCE(S): 1. Cost Allocation 2. Proposed Memorandum of Understanding(MOU)with BFCG 3. Request for Proposals (RFP) H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/25: Discussion 211: MOTION: I move to approve the Memorandum of Understanding with the Benton Franklin Council of Governments for the Columbia River Crossing Study and, further, authorize the City Manager to sign the MOU. 111. FISCAL IMPACT: $18,'750 IV. HISTORY AND FACTS BRIEF: A) After several years of intermittent discussion amongst the cities and the Benton Franklin Council of Governments (BFCG), the BFCG last year forged a regional commitment to conduct a "Columbia River Crossing Study," the objective of which is to determine the best location for the next Columbia River bridge in the Tri-Cities region. The tentative agreement to date has anticipated commitment by the cities, counties, and ports to a respective percentage of the local share of the cost of the project; the cities paying a larger share than the counties, the counties paying a larger share than the ports, etc. (see reference 1). The State of Washington has committed to half of the $250,000 study project cost and the "city" share of the other half totals $18,750. B) The BFCG has formed an ad-hoc regional committee (composed of one elected official from each of the participating agencies) to serve as a steering committee for the study project and has developed a Memorandum of Understanding (MOU) which commits the respective participating agency to the study effort(see reference 2). In addition, the BFCG has developed and initiated a Request for Proposal (RFP), copy of which is attached as reference 3. V. DISCUSSION: A) The Pasco City Council committed to its participation in the study effort in December, with the knowledge that its share would be $18,750. The proposed MOU reflects that commitment. Though the termination section of the MOU could be interpreted to mean that the city could withdraw from the effort, further discussion with BFCG staff clarified that it is the clear intent of BFCG and the steering committee that once an agency commits to the process, it is committed to its full financial participation. Thus, the city could withdraw from participation in the steering committee, but it would still be obligated to pay its $18,750 share of the project cost. B) The proposed RFP has already been initiated, so the tentative schedule outlined in the RFP is still being pursued by BFCG staff. It is intended that the study be completed by November of this year; if necessary, the work could extend into early 2011. The state funding expires June 2011, so BFCG is committed to completing the project by spring 2011. C) Given prior Council commitment to this effort, staff recommends approval of the proposed MOU, notwithstanding the fuzzy language in the termination section. 4(d) C Bentonwhanklin Council of Governments G > 1622 Terminal Drive Phone : (509) 943-9165 P.O. Box 217 Fax: (509) 943-6756 Richland,WA 99352 August 11, 2009 TO: BENTON-FRANKLIN COUNCIL OF GOVER14MENTS BOARD Bob Koch, President FROM: Executive Committee Bob Koch, President SUBJECT: Columbia River Crossing Study Funding Proposal and Alternates _RECOMMENDATION: Encourage individual jurisdiction participation in the funding of the Columbia River Crossing Study as indicated below, and that voting committee alternates must be an elected official. CRCS STUDY PAC FUNDING PROPOSAL JUSIDICTION $ Amount % New $ BFCG 15,000.00 15.0% 18,750.00 Kennewick 15,000.00 15.0% 18,750.00 Pasco 15,000.00 15.0% 18,750.00 Richland 15,000.00 15.0% 18,750.00 Benton County 10,000.00 10.0% 12,500.00 Franklin County 10,000.00 10.0% 12,500.00 Walla Walla County 2,500.00 2.5% 3,125.00 Port of Benton 5,000.00 5.0% 6,250.00 Port of Kennewick 5,000.00 5.0% 6,250.00 Port of Pasco 5,000.00 5.0% 6,250.00 Port of Walla Walla 2,500.00 2.5% 3,125.00 100,000.00 100.0% 125,000.00 BACKGROUND: The adoption of the Columbia River Crossing Study Steering Committee at the July meeting left the study$25,000 short of full funding. Each participating jurisdiction is requested to increase their participation by twenty-five percent. CITY OF PASCO BENTON-FRANKLIN COUNCIL OF GOVERNMENTS MEMORANDUM QF UtJDERSTANDIbIG COLUMBIA RIVER CROSSING STUDY BACKGROUND The Benton-Franklin Council of Governments has initiated a transportation planning study to determine the best location for another crossing of the Columbia River.The 2009 legislative session provided $125,000 of funding toward the study. State funds for the study were available July 1't 2009. Based on meetings over the past year it has been determined the study is truly regional and members jurisdictions have partnered and pledged an additional $125,000. A steering committee made up of elected officials from the partnering Jurisdictions will guide the course of the study. STUDY OVERVIEW The intent of the study is to determine where an additional river crossing might best be located; at what cost and what roles and responsibilities the local, state and federal agencies will assume during the entire process. Foremost will be to evaluate potential crossing locations and prioritize the three (3) most suitable locations taking into consideration both 20 year and 50 year planning horizons. A consultant will be under contract for the primary tasks. PROJECT SCHEDULE A Scope of Work is attached. Request for Proposal's(RFP) are anticipated to be available in January 2010 with consultant selection and project kicked off to follow. Anticipated completion of the study is November 2010. FUNDING Columbia River Crossing Study Budget 250.000 The City of Pasco's funding commitment is$ 18,750 or 7.5%of total project cost. The percentage share will be applied to all billings during the project life. BILLING BI-Monthly invoices will be sent on a pro-rata share as specified in the above Section; provided, however,the total abc of billings to the City of Pasco shall not exceed$18,750. .�i City of Pasco/BFCG MEMORANDUM OF UNDERSTANDiNG COLUMBIA RIVER CROSSINGSTUDY TERMINATION Either party may terminate this Agreement with 15 days prior written notification to the other party. If this Agreement is so terminated,the party shall be liable for performance incurred in accordance with the terms of this Agreement. This Memorandum of Understanding shall become effective upon signatures of the involved parties on the last date indicated. Authorized Signature Title Date Benton-Franklin council of Governments,Executive Director Date Benton-Franklin Council of Governments Page 2 REQUEST FOR PROPOSALS (RFP) COLUMBIA RIVER CROSSING STUDY (CRCS) TRI- CITIES Prepared by the Benton-Franklin Council of Governments -- January 2010 The Benton-Franklin Council of Governments (BFCOG) Transportation Office is requesting proposals from firms to evaluate potential locations for an additional Columbia River crossing. Proposals will be subject to the Columbia River Crossing Steering Committee's proposal review and selection process.Submittals mug b (MEtiq v ;QUm.January 2S_2010. Five (5) copies and one original in copy ready format of the proposal must be submitted to the BFCOG by or before the stated time and date. Contents of the RFP should emphasize clarity in describing an understanding of project, approach to each task, schedule, budget, project staffing and personnel experience. Each submission must include: 1. Outline and description of work required to complete the proposed scope of work, including work products to be prepared under each task. 2. A schedule of deliverables, interim products and progress reports. 3. Estimates of time and cost breakdown by work task. 4. Description of relevant experience and qualifications for the personnel assigned to the project. 5. List of people,with telephone numbers,who can be contacted for references on relevant experience. This RFP and/or the selection process does not.obligate BFCOG to enter into any contracts.The BFCOG reserves the following rights. ➢ The right to negotiate all proposal elements. The right to reject any and all proposals,waive irregularities and re-solicit proposals. ➢ The right to change the scope depending on funding availability. The following is a tentative outline of the consultant selection schedule: All submissions due to the BFCOG office................................................. By 4:00pm,January 25, 2010 Consultants short listed and notified for interview....................................................January 29, 2010 Consultant interviews before Steering Committee ...................................................February 16, 2010 Refine Scope of Work for contract ...............................................................................February 22, 2010 Sign contract with BFCOG ..............................................................................................February 25, 2010 The primary selection criteria will be: Y Experience and qualifications. Recommendation of References. ➢ Ability to work within deadlines and to develop agreeable dates for deliverables. The proposal review and selection process will require personal interviews with the firms selected in the short list.The interviews are scheduled for February 16, 2009. Contract negotiations will be initiated immediately upon selection of the consultant. If BFCOG is not able to negotiate a satisfactory contract, including scope of services, billing rates, negotiations will be terminated and the consultant notified by mail. The contract will be negotiated as"Lump Sum" with monthly progress payments.The consultant may submit billings to the BFCOG for reimbursement of costs on a monthly basis.To provide a means of verifying the billing the consultant will provide the BFCOG with a detailed invoice listing staff member, title/position, salary,time, and description of work conducted on the project. Five (5) copies plus one original in copy-ready format must be received by 4:00pm,January 25, 2010. Proposals may be delivered or mailed to the BFCOG office at the following address: Benton- Franklin Council of Governments CRCS Steering Committee P.O. Box 217 Richland, WA 99352 Questions regarding the outlined scope of work should be directed to: Mark Kushner, Transportation Director mkushnerCapbficog,us 509.943.9185 CRCS—RFP-Scope of Work January 7,2010 2 TABLE OF CONTENTS Columbia River Crossing Steering Committee Page 4 Intent Page 5 Objectives Page S Background Page 5 Scope of Work Page 7 Work Task Assignments Page 9 Deliverables/ Products Page 9 Budget Page 10 Draft Project Schedule Page 10 Appendix A Page 11 Appendix B Page 12 Appendix C Page 13 CRCS—RFP-Scope of Work January 7,2010 !;QIumbj,4IWMrjC4gjsinQ ee _ Votin4Mem_bers Dave Rose City of Richland Bob Olson City of Kennewick Rebecca Francik !City of Pasco Bob Koch Franklin County Jim Beaver ;Bents -on County Bob Larson Port of Benton Bill Clark — -- Port of Pasco Skip Novakovich Port of Kennewick_ Michael Fredrickson Port of Walla Walla Non-Voting Members Don Whitehouse WSDOT Kathy McMullen 1 Ben Franklin Transit _Carl Adrian ! TRIDEC Lori Sanders ? BFCG Board Jay Marlow ASCE CRCS—RFP'-Scope of Work January 7,2010 4 Intent The Benton-Franklin Council of Governments (BFCG) is the lead agency for both the Tri-Cities Metropolitan Planning Organization (MPO) and the Benton-Franklin-Walla Walla Regional Transportation Planning Organization (RTPO). As lead transportation planning agency for the region, the BFCG coordinates and develops transportation plans in accordance with state and federal transportation planning requirements. In an effort to continue quality transportation planning for the Tri-Cities, the BFCG has initiated a study to verify the need and examine the potential location for an additional Columbia River crossing.The Intent of this study is to determine where an additional river crossing might best be located; at what cast and what roles and responsibilities the local, state and federal agencies will assume during the entire process. Objectives It will be the objective of the BFCG and its partnering agencies to: 1. Conduct an open and transparent planning process; including community outreach, open house events and comment periods, etc. 2. Screen/Evaluate up to as many as ten (10) potential crossing locations to determine feasibility of each location. 3. Prioritize the top five(5) identified locations. 4. Prepare planning level cost estimates and more in depth analysis of the top three(3) locations taking into consideration both a 20 year and 50 year planning horizon. 5. Define potential alignments and corridor needs. b. Assess transportation strategies that will minimize congestion, address economic impacts and advance safety. The Tri-Cities urban area presents a unique and complex geography as well as highly diverse demographics. Three rivers,the Columbia, Snake and Yakima, come together within the urban area defining boundaries for the four cities of Kennewick, Pasco, Richland and West Richland and Benton, Franklin and Walla Walla counties.' Ben Franklin Transit maintains metropolitan intercity routes that cross the Columbia River at several locations. All four cities, the three counties, WSDOT and Ben Franklin Transit have vested interests in the river crossings in the region. The 1970 US Census indicated the cities of Kennewick, Pasco, Richland and West Richland and some surrounding portions of Benton and Franklin counties reached the threshold population and urban densities required for an urbanized area. In 1973, in compliance with federal laws, the local governments and the governor designated the BFCG as the responsible agency to carry out the required planning responsibilities of an urbanized area for highways, streets, roads, and public transportation. The 2000 US Census expanded the urbanized area into western Walla Walla County encompassing the unincorporated communities of Burbank and Burbank Heights. 1 See Appendix A for regional map. CRCS RFP-Scope of Work January 7,2010 5 Official release from Washington's Office of Financial Management (OFM) in September of 2009 calculated the population of the Metropolitan Planning Organization (MPO) to be 203,315 and the population for the entirety of Benton, Franklin and Walla Walla counties to be 301,200. The Pioneer Memorial Bridge, or commonly called the "Blue Bridge", at the Columbia River on U5 395 is a focal transportation facility in the Tri-Cities. Congestion has been an issue at the bridge and along the entire U5 395 corridor as it passes through the Tri-Cities urban area for the past twenty years. A new bridge across the Columbia River was listed in the 1985-2000 Regional Transportation Plan. Three optional locations were termed "long range planning concepts": either in the vicinity of Edison Street, or Columbia Center Boulevard in Kennewick or North Richland. Designated by Congress in 1993 as a Highway of National Significance, US 395 has seen increased freight and passenger car traffic. Also, because of the North American Free Trade Agreement (NAFTA), US 395 is a significant north-south connection for freight movement between the Mexican and Canadian border. U5 395 has a T1 classification per WSDOT Freight and Goods Transportation System (FGTS). These factors as well as regional and local growth have increased traffic volumes on the Blue Bridge and along the entire US 395 corridor through the Tri-Cities. Transportation professionals have been aware of the capacity issues facing the Blue Bridge on US 395 for some time. In 1995 HDR Inc. was contracted to study a 75 mile section of US 395 from north of Pasco to south of Pendleton,Oregon. The purpose of the study was to evaluate whether the current alignment of US 395 best suited the regional and local needs or whether those needs would be better served by re-locating the corridor.As part of the study, HDR noted the level of service (LOS) between Pasco and Kennewick from Sylvester to Clearwater by way of US 395 and the Blue Bridge was operating at LOS V and `E'. The study said the improvements necessary to maintain a LOS `D' for future year 2015 would include improvements to the Interchanges at Lewis Street and SR 2404, the Blue Bridge would need to be widened to accommodate six through lanes and the roadway section would need to be widened to six through travel lanes (three each direction). In 1995 the estimated cost of those improvements was$82M. The desire to perform an analysis of a river crossing first arose in 2004. Efforts were delayed so that updated land use and a more robust modeling platform could be developed. The BFCG travel demand model was used in September of 2005 to prepare an analysis of three potential locations for a river crossing on the Columbia River The modeling effort evaluated the impacts at key interchanges along SR 240 and 1-182, reviewing three different crossing locations between Benton and Franklin Counties in the urban area. Each Z See Appendix B for Traffic Flow map 3 Level of Service(LOS)standards are used as a gauge for evaluating the quality of service on the transportation syste and can be described by travel time,freedom to maneuver,traffic interruptions and safety.LOS"A"may be described as freedom of operation with no waiting time while LOS"E" may be described as the traffic demand is near or equal to the probable maximum number of vehicles that can be accommodated. 4 Construction of a new interchange at SR 240&US 395 was completed October 2009.Performance data will be available in the future for the new configuration. CRCS-RFP-Scope of Work Janwry 7,2010 6 scenario was studied with the land use and project assumptions held for 2025 Build scenario. The three locations modeled were: • Road100/Columbia Center Boulevard • Road 68/Edison Street • US 395 "Blue Bridge"Additional Span The 2006-2025 Regional Transportation Plan states that results of the crossing analysis performed by the BFCG demonstrated traffic flow likely high enough to warrant an additional Columbia River crossing. Circulation could be greatly improved with another span, while reducing volumes on area highways. Current conditions along the US 395 "Blue Bridge" are currently near capacity. Forecasts for 2015 and 2025 on US 395 exhibit deficiencies not addressed in the WSDOT financially constrained project list that is part of the 2006-2025 RTP. It was the conclusion of the BFCG after this initial crossing analysis that further study was necessary to evaluate additional aspects of potential river crossings. To reflect a regional planning emphasis, the previous CRCS Steering Committee chose to include two additional sites for consideration as possible river crossings.A location north of Richland that has generated discussion as a possible river crossing since the 1980's and a site at Dodd Road/US 12 in Walla Walla County that is listed in the WSDOOT's 20D7—2026 Highway System Plan (HSP) as a `Tier III"solution are the additions. (See WSDOT HSP Appendix B', page 8.) Scope of 'Work It will nff ry to. refigg p nd describe eagh Wk in-greater detail and determine Farhat leu_�L�f effort w fk be expected for each task onoe a scope outline nt re ' air continue as closcussions wragress with the CRCS Steen s 4ctiu�e partnerlim ageacipas and consultants. EIMmates.of time will be re ' ear.,h tmkas well as a fist of the consuitant staff anticipated to Perform the work. TASK 1. Study Background Review existing transportation conditions of the MPO area. • Review previous studies as directed by Steering Committee. TASK 2. Public and Stakeholder Involvement • Prepare public participation plan. include identifying potential community concerns that could be raised and the strategies for addressing those concerns. May include internet survey/comment form for ongoing comment period. • Two (2) to four (4) meetings with CRCS Steering Committee to report progress at major milestones as outlined by project schedule. • Prepare and participate in a presentation of the findings in a meeting with the public and elected officials. CRCS—RFP-Scope of Work .lanuary-7,2010 7 TASK 3, Data Collection and Analysis • Define/outline data needs and traffic modeling tasks. BFCOG to perform traffic modeling tasks. 2005 Tri-Cities Travel Demand Model will be used for the modeling tasks with 2015 and 2025 projections. Modeling tasks will be considered in-kind service performed by the BFCOG. • Propose an Origin-Destination (O-D) methodology to support the projects objectives. • Identify and summarize other data and findings from local jurisdictions. TASK 4. Screen/Review of River Crossing Locations5 • Screen the following potential river crossing locations and scenarios: ✓ US 395 "Blue Bridge" Additional Span ✓ Edison/Road 68 ✓ Road100/Columbia Center Boulevard ✓ Dodd Rd/US 12 ✓ North Richland/300 area ✓ West boundary of State Park Road; shortest alignment to SR 397 ✓ Up to four (4) additional locations ✓ "No build" scenario • Screen/Review of each location is to include: ✓ Environmental scan—Overview of critical environmental factors that will be helpful for evaluating the alternatives. Examples of environmental factors may include the following but are not limited to: Historical& archaeological preservation,Threatened or Endangered Species, view sheds,air quality,water quality, wetlands, hazardous materials and airspace, etc.A brief summary of environmental factors will help prepare for the eventual detailed environmental requirements of the preferred alternate. ✓ Identify alignments and corridor needs. ✓ Potential changes of land use,economic benefits and impacts. ✓ Traffic analysis of connecting street networks and expected impacts. ✓ Identify benefits to regional/local traffic circulation and through freight traffic. ✓ Review alleviation of traffic congestion. • Prioritize top five(5) alternatives. • Prepare planning level cost estimates of top three(3) alternatives taking into consideration both 20 year and 50 year planning horizons. • Develop scoring/matrix process for evaluating alternatives. 5 See Appendix C for map illustrating location of sites. CRCS—RFP-Scope of Work January 7,2ol o 8 TASK S. Recommendations and Implementation • Prepare a comprehensive implementation strategy, (both short term and long term) that would implement the findings of this study after an endorsement of a preferred location. (What to do first?What work and budget in what phase?) • Prepare an informational summary document that explains need for the project and project benefits for use in explaining the project to the public and potential funding partners. • Compile information, conclusions and recommendations into a final document. • Describe/discuss the roles and responsibilities of local,state and federal agencies iri the planning and construction of another bridge across the Columbia River in the Tri-Cities area. • Research and discuss funding/financing options (i.e., tolling, innovative financing techniques, potential revenue streams, etc.) • Outline a Transportation Demand Management(TDM) strategy for interim low cost solutions, (i.e., ITS architecture, etc) Woirk Task Assignments TASK # WORK TASK _ _ _A_SSIGNED TO Contract Administration BFCG Staff Traffic Modeling 'BFCG Staff 1 i Background/Purpose and Need Consultant/CRCS Steering Committee 2 i Public and Stakeholder Participation Consultant 3 Data Collection Consultant/BFCG Staff 4 Screen/Review of River Crossing Cons ultant/CRCS Steering Committee/WSDOT Locations 5 Recommendations and Implementation Consultant/CRCS Steering Committee &Ilyerablps • Bound reports-25 copies. • Electronic copies of all data items collected;to include all maps and visuals created. • Interim progress reports. • Prepare support material for meetings. CRCS—RFP-Scope of Work January 7,2010 9 Budget BFCG and partnering agencies have contributed a total of$125,000.The Washington state legislature provided$125,000 for the study in the 2010-2011 biennial budget. A budget of $245,000 is available for the study. A sum of$5,000 will be used for project administration performed by the BFCG. Funds contributed by the partnering agencies will be used for consultant services. Any in-kind services provided by a partnering agency will be viewed as additional contribution. Draft Project §chegule ACTIVITY DATE I Amend UPWP and TIP __ _ September 2009 tocai Budgets Prepared September 2009 BFCG Board Meeting November 2009 I Request for Proposal Prepared December 2009 Inter-local Agreements Prepared &Signed ! January 2010 RFP advertised and sent to consultants ; January 2010 Consultant interviews January/February 2010 Consultant selections& contract negotiations January/February 2010 Project Kick-Off w/consultants/stakeholders, etc ' March 2010 Project Completion November 2010 CRCS—RFP-Scope of Wank January 7,2010 10 v c Yd11/Odl F Al AJKOM o �,,... 1� ! hiT'i7tNna MODM D1 stool, ,.. r WAAMft —toil. r-• APPENDIX B 2005 I[BaffX!G FLQ r MID EIV9 XCM OF,186EE&G WIJHIA -.. n.,.oy!c.�cllr_Tra•rl:rpq w glob -,me oaJA ..g: 0 u)C9i9 t „.... . Frank}in ....,...D:M Y.9279 County '0,0�to= 539i9- ' •-.. tl.:.r.:o'•_r Per ins e•te .o M-. Count 2005 Tri-Cities Traffic Flow Five Years of Traffic Counts at the Columbia River"Blue Bridge" Permanent Traffic Recorder Number:R087 Location:US 395 at Columbia River Bridge Month ADT 2001 ADT 2002 ADT 2003 ADT 2004 ADT 2005 ADT 2006 April 51,302 55,015 56,545 58,375 57,983 Unavailable May 52,043 54,915 57,866 S7,514 $8,615 58,573 June 53,700 55,667 58,964 58,327 60,893 60,030 July 53,633 56,214 58,506 58,468 59,537 57,912 August 53,363 55,952 57,633 58,909 59,085 58,718 September 51,552 53,852 56,234 56,948 59,859 56,758 Average 52,598 1 55,269 57,624 58,090 59,328 1 58,398 Source:WSDOT Automated Data Collection Report Updated.January,2007 CRCS-A"-Scope of Work Janwry 7,20/0 12 cnda:nro") Z)iP!i uve!4,1 Aw.499R JOAtH *lqrmro-� ,10)JU 110j(;2[! o filJ4 vyl 966 A Vaq'A see 1�4 1.11 A %"40 AGENDA REPORT FOR: City Council January 21, 2010 TO: Gary Crutchfi i Manager Workshop Mtg,: 1/25/10 r FROM: Stan Strebel, Deputy City.. SUBJECT: Arraignment Defense Counsel 1. REFERENCE(S): 1. Memo from Lee Kerr 2. Draft Arraignment Counsel Agreement 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 1125: Discussion 111. FISCAL IMPACT: Estimated contract cost $40,000 (net cost to city should be less due to reduced jail time, fewer public defender assignments, less court time). IV. HISTORY AND FACTS BRIEF: A) As outlined in the City Attorney's memo, the City is corning under increasing pressure (and we see increasing benefits) to implement a system whereby legal counsel can be available to criminal defendants at arraignment (the first appearance in court). While the City has a panel of three indigent public defense attorneys who are assigned to qualifying defendants, the concept of arraignment counsel is to expedite cases (where the defendant is typically in jail at city expense) to the point where they can obtain counsel if needed or enter a plea based on a reasonable understanding of their situation. At the same time, the presence of counsel will protect the rights of the accused at the earliest possible point of interaction in the court. B) Staff is in the process of working to identify possible contractors and pricing for this service. In addition, staff is exploring ways to coordinate with the county (jail, interpretation, scheduling) if possible, for savings that may be available to both jurisdictions from cooperative efforts. V. DISCUSSION: A) A draft agreement covering the proposed services, absent specifics on times and compensation, is attached. As time is of the essence in putting the system in place, staff requests authorization to enter into a substantially similar agreement, with the understanding that a year-end budget supplement will likely be required. 4(e) KERR LAW GROUP 7025 West Grandridge Blvd., Suite A Kennewick, Washington 99336-7724 (509) 735-1542 MEMORANDUM TO: Gary Crutchfield, City Manager City of Pasco FROM: Leland B. Kerr Attorney-at-Law DATE: January 20, 2410 RE: Arraignment Counsel The City of Pasco like the rest of the nation has experienced an explosive increase in misdemeanor cases. This is placing a staggering burden on our Municipal Court. At the same time, there is significant attention being drawn to our Court to insure that the rights of the accused are adequately protected. The law requires that an accused has a right of counsel at each critical stage of the proceeding. A recent surge of United States and Washington Supreme Court cases have made it clear that the initial appearance before the Court constitutes a critical stage requiring the assistance of counsel. This is the point of arraignment where the Court advises the accused of the charges against them as well as their rights under the law. It is also the first opportunity for the accused to plea either guilty or not guilty. Traditionally, in addition to the Judge, only the prosecutor is present at the arrai gnment. Based on these recent cases, there is significant challenge being initiated against various Courts in the State that this procedure unconstitutionally denies the accused of their rights to counsel. Advocate groups have taken up this cause, and have focused their attention on the Pasco Municipal Court. Notwithstanding their threats of litigation or mass invalidation of past guilty pleas, our investigation has led to the conclusion that some changes may be advisable to protect the rights of the accused and more effectively administer our Municipal Courts. The most effective first step would be to have defense counsel, as well as the prosecutor, available at the arraignment. This would provide legal assistance at the initial, and perhaps, the most critical phase of the prosecution. With the defense counsel available, the accused would have the best opportunity to be advised of the case against them and their rights and privileges afforded under the law. Gary Crutchfield January 20, 2010 Page 2 Through the prosecutor, the City's interests are represented with its recommended punishment fitting the crime. Thus, for many cases, the final outcome could be determined at this initial hearing. This would result in less jail time suffered by the accused waiting to have a subsequently appointed public defender; less required Court hearings; and a much better understanding of the strengths, weaknesses and consequences of their cases. Based on the pressure of the recent Supreme Court cases, Court Rules are presently in the process of review to mandate defense counsel being available at arraignment. Likewise, several other jurisdictions, including Benton County, have already adopted the procedure of providing arraignment counsel. Arraignment counsel would be a contracted position specifically to serve the short-terin function of representing defendants at arraignment. "Phis, however, would not resolve all of the bases at arraignment. The accused still has the right and may plead not guilty, and if eligible, request that a defense attorney be appointed to represent them through the judicial process. Utilization of an arraignment counsel in addition to satisfying the present challenges to our Municipal Court will more effectively protect the rights of the accused, streamline the process in which arraignments are conducted, and insure that the guilty pleas taken can be sustained upon challenge. We are presently in the process of reviewing arraignment counsels utilized by other jurisdictions, including Benton County, to suggest a procedure that will work beneficially for the City and those that come before our Municipal Court as accused. So far this has been a team effort with the assistance of the Municipal Judge, Court Administrator, City's prosecuting attorney, Pasco Police Department, and probation services. I look forward to reporting our progress and answering any questions you might have. LBKlsla cc: Stan Strebel PROFESSIONAL SERVICE AGREEMENT For Legal Representation of Defendants at Arraignment Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT in entered into effective 2010, by and between the City of Pasco, a Municipal Corporation,hereafter referred to as "City", and attorney authorized to practice law in the State of Washington, hereinafter referred to as "Attorney." THIS AGREEMENT is a Professional Service Agreement;for the rendering of legal representation during arraignment of indigent persons charged with.F'mtsdemeanors or gross misdemeanors in the Pasco Municipal Court. : } IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,it is agreed as follows: SECTION I PROFESSIONAL SERVICES The Attorney shall represent in a professional manner, all individuals charged with misdemeanors or gross misdemeanors in thdAPasco.M-Lulibipal,�:ourt during arraignment. Such representation shall include: r A. Advise clients of rights and the nature of the attorney-client relationship and privilege; determine whether client has any iniu ediate concern's.(i`e.,mental health or other medical treatment needs); determine whether ihbre is�t.0, emigration hold; discuss family issues that affect release; make arrangements for-interpretation as necdeti;confirm age and place of birth of client; discuss the client's immigratiori status if theblient is not a United States citizen; determine whether there is an immediate need for investigation; ah explain to the client the next steps in the process, B, Review the stafeinent on probable cause and determine whether or not a challenge is appropriate. In making such determination, perform any legal research which maybe necessary. C. Make motions to dismiss charges in cases where the complaint is insufficient. D. Review with client the ability to post bail and the client's employment status and living conditions. E. if custody will be an issue,make appropriate telephone calls to confirm employment and housing status. R Speak with any family members or friends of client who are present at Court; and if appropriate, arrange for them to speak to the Court at the hearing. Professional Services Agreement—Arraignment Counsel Page I G. Review police reports and prosecutor's recommendations. H. Discuss custody status recommendation with the prosecutor. 1. Advocate for pre-trial release on recognizance, or as appropriate, advocate for least restrictive alternative allowed under the Court rules. J. Preserve issues relating to the client's right to a speedy trial. K. Deal appropriately with any issues relating to eligibility for public defense counsel, and make sure the client knows how to contact the attorney who-will be representing the client. L. In performing said services, Attorney shall,46mply with all State laws, Washington Bar Association Ethical Rules and any standards fof arraignment counsel•,,published by the Washington State Office of Public Defense. SECTION 1I { COMPENSATION . A. The City will compensate 'A`ttorney, as attorney fees and not as a salary, for the professional services provided in the amount of$ Payments shall be made monthly with the first monthlypayment to be made not later than the day of 2010, constituting compensation for the immediately preceding month; subsequent payments being i"ade not later'than the 30``'day of each succeeding month and the final payments being made no later than the day of 2010. B. It.is expressly agreed that the rh6httly compensation fixed in Sections A above shall constitute full compensation for services required under this Agreement. C. Definitions: TBD Professional Services Agreement --Arraignment Counsel Page 2 SECTION III EXPENSES The Attorney shall bear all expenses incurred in the representation of each individual at arraignment except expenses for the services of an interpreter determined appropriate by the Court. SECTION IV TERM The term of this Agreement shall be for the period commencing on execution,and concluding on December 31, 2010. Notwithstanding the foregoing, the Atforney.s obligation to represent an individual in a matter to which the Attorney has undertaken representation shall continue through the disposition of the matter as set forth below. If this Agreement is not then in default, the Attorney shall have the option to renew this Agreement for one(1)additional term of one(1)year. The terms and conditions of the renewal term shall be identical to the terms and conditions of the last*xof the original term (with appropriate modifications of installment payment dates) except that ilpon,termination of the final term, the Attorney shall no longer have any option to renew this AgreeRent. The renewal option must be exercised by written notice to the City, givgnkttot.less than 12d�` ays,.prior to the last date of the 1. expiring term, The giving of such notice shall rnalke agreeme Vtbinding for the renewal term without further act of the parties. '� ` It is understood by the patties hereto that the Attorney's obligation to provide representation pursuant to this Agreement includes4he obligation to complete matters covered by this Agreement. The Attorney shall continue to provide representation to the client relating to any issue arising out of arraignment which issue has not been adjudicated during the duration of the Agreement for a continuing period not to exceed six (6) rn'onths. It is further understood by the parties that the Attorney's'obligatiori to complete,all matters covered by this Agreement shall not result in any additional compensation,over the amount specified herein. SECTION V NON-ASSIGNMENT No other person shall perform any of the services required of the Attorney by this Agreement nor shall the Attorney assign or subcontract their responsibility for the performance of any of the services required by this Agreement, provided, however, that with the approval of the City, a designated qualified member of the Attorney's law firm may be perform the Attorney's contract and responsibilities on a temporary basis, or with the approval of the City, the Attorney may assign or subcontract such services with another qualified attorney on a temporary basis. On a temporary basis shall mean a period not to exceed thirty (.30) days. Professional Services Agreement— Arraignment Counsel Page 3 SECTION VI TERMINATION This Agreement may be terminated by either party without cause upon forty-five (45) days advance written notice to the other. This Agreement may be terminated for cause consisting of failing to comply with any of the provisions of this Agreement upon ten(10) days advance written notice. In the event of Attorney's disbarment or suspension from the practice of Iaw,this Agreement shall terminate as of the effective date of such disbarment or suspension. In the event of a termination without cause,the Attorney shall continue to representdc*6dants at arraignment during the forty (45) day period and will be compensated for such representation pursuant to Section II above. SECTION VII INSURANCE AND INDEMNIFICATION A, During the term of this Agreement,the Attorney shall maintain errors and omissions insurance coverage with the City of Pasco as an additional named insured on the policy and shall include anyone else acting for or on behalf of the'Attomey in the performance of this Agreement as an additional named insured on any such rpolicy?``"Such insurance.shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have at a minimum, policy limits of Two Hundred Fifty ,I:y usand Doljars ($250,000.00), At the time of commencement of the performance of services lieieunder,the Attorney shall submit an appropriate certificate of coverage;.,Such insurance will not be cancelled without first giving thirty (30) days written notice to the City: B. In performanceoftlse workund this Agreement, the Attorney agrees to defend the City, its officers, agents,'servants'and employees(hereinafter individually and collectively referred to as "Indemnities"), from,all suits laims, demands, actions or proceedings, and to the extent permissible.by law, indemnify and hold•}"armless the Indemnities from: I. All damages or liability of any character including in part costs, expenses and attorney fees,based upon,any negligent act, error, or omission of the Attorney or any person or organization for whom the Attorney may be responsible, and arising out of the performance of professional services under this Agreement; and 2, 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 Attorney or any person or organization for whom the Attorney may be responsible, arising out of,in connection with,resulting from or caused by the performance or failure of performance of any work or services under this Agreement or from conditions created by the Attorney performance or nonperformance of said work or service. Professional Services Agreement—Arraignment Counsel Page 4 SECTION VIII GENERAL PROVISIONS For the purpose of this Agreement, time is of the essence, Waiver by the City of any provision of this Agreement or any time limitation provided in this Agreement shall not constitute a waiver of any other provision. Should any dispute arising 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 party shall be entitled to its reasonable attorney fees and costs. DATED this day of 12010. Y. CITY OF PASCO r�4 Gary Crutchfield, City Manager ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney ATTORNEY t , Professional Services Agreement—Arraignment Counsel Page 5