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
. I
�
LI O 411111 CAST.LLC � g
i x x I
~ A `Tt 4 t aPl f! 4AOINC UTOBLT
LOT 1
7 .87 ACRES TOTAL .` —5a i — — —� o +CiCNC11NLr_ Cs SENT 14 'j PAI 'CO
rer aCRFS,P,Y•TAY,
�I )CCC fIF wr,NINC.T'Iry )I I y' I`I,.
a E
ill tc; 4''JNTN 4!'[.A, ..; < r � k d.lFd L4Z,fL
P LY 'L,�CEPTFr 1HAr RACW OR AMC SA11SrAC,TCAT EVOEV THA III.S£QJ FA -
I �I, tNI PDPSCH IA"0 ADPEARL'O PEFCRE III,AND Salo PE PS C.YL1TirDFNd
1 E W LPf SHE] JAFIC[)�$HISp oNSV.LL"'N,1T,� w�LHC iTA EC SAT ¢ pm '1F ILTY
t9 O10^D� I 0 ]`�10 T Ii 1,1 rTJAr i lE A$-_0 PRE 6'} 1
f M1. iti49.aNt� �oP u rr rat T4E'�(s AND I—POSES-E Tm a NOT 70 SCALE
ASLIREPIS CERTIFICAT
FOUND 1'PLUGGED I g 19 A1Y PvaJD �.
IRON PIPE 11110 I I 3 4 ¢�6Y CERTfT Tut THE tAR[Sµ0 $SF AfEN1$AOAM+51 ME LANG CESbtIdEO XFRE.]H iUYE
DISTURBED �Fl��n E 4 V PPOL . -• - 116CEN g'YS 1N FULL THIS pFL,}��,MR, (PARM N0.113-510-OW
HELD POS7JON PER l� _Y AdoowTU[N'trAaf4C -1
-327 '`�
Rs>M2 \�
�1 tlrT' AT LPICP PAL
20 -. AL 1Tt19.65'IH51 tip: 265 ,90' 21 J .:
''�f Na�G21.40 e4�v",p, COT OF! 674.42• 22 RIPTI A
{,?y YTASQ TI E AST CD�7Y�•AAy11SFE6'Tb�+,tXr.FPATTHFiFPFaT�ua'rrRT UTIER[ ;f,
��,� mATIA an»Jr. (r- '1ax4 DNC SITE PLhJ ATOY avPRDVTD BY aND ADR THEE qt7 OF Pa9CO STAr_OF
y i J��• 1r071di7 II µhl tMXFST g AR7LR ANO 7NC SIX 1N(AST OWN W SND SFCTON 41 ;-,
I I L ERIY Cf&-FS ES),STATE NlbrwAY 12 ARID EASTCRLY Of A LNE G�i I.[FR —
f ' d t. NBDVO'DO•w i� Dcsay Ends Ex1oWS I; t
] ��♦ �7 �� 47.84• IE IF Nq lFgry��J T TE NOR1N51L 57 OORNFR U SAID 9CCTCH$I, ?HENCE SOJTi f,. r`f
7 f 80'39':0'CAST,AlDJJ6 THE NORTH ONE or iA10 SCC'ION 21,FAR J7130D FEET 10
\�, gE A7 1 TWF TRIK Ph Ht OF KgNIINO:T@JDE SOJ'N 0O'3WO&'ME5I FOR.^36645 REST,
+{. ✓fJ O'00'44•W THENCE SDUT1 44'b2'211'MT FOR 107 G5 rIET TO THE NORTIIEASTE'RL"Rg11 UI
WT UVF OI V.S NICNNAY`AS(SR420)(PSH S)AND THE TERMINUS OF SAID UNE, THE INDIMIUAL OR COMPANY UAHINO IMPROVLIALNIS UN A LOT OR LOT;0' 1114 101%IE
yM' -n I N IS RY11* ISLE FDN FPON D110C ANC INSTALLIND ALL TRFNLW,CLNODI,PANARY VAJLTS,
�,, `+• S fA *J @.{ LOT 2 Tg µ THAT PaSTp:TN(RErf LTWC NORT4E AS'TERLY Or CCA1VEApAL
? 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. 'rT r,�,' e,_,�.i' .. �:. ..C-=��t j�i�� •�1 ', � I .\ 't ,.c�` �,. 1 nL] � �. .a �
r f !k� � �►. � 7/�� l� �y".•k f ���.•.:4• tf� :!�i'r'°� �,.• � � , � ~t �• .+L• j` �1�,�� i(� _ •"f' 7�,��r(� ,j _ S .{�, "`'�
r _•:• ^GfCa��� + I�� q�*� J.+�r')w ✓� + !� •'7f't�S �,yy .. s� �� ��' �•�'C•.w ti ,Kf D'� a P; 1- •� t1..�.r L .
we
'• !� �\ .:'• �r 1y�'=� 7•�YI'r •�,r w?• . a•. ��''�'��i r, •I 1�' /� '�T^- :. *4�y � rt.. •� �` ,,.•Si�•i ��� .� ♦ �17 �__rt
M'• 1`sli►�`R
�� v ,�v v'a�`��, _ - �ti ��%..� a��• I�/,� .y��S � t4.�s ��,yj- �� �a � •� � ,+y <K�,`_ yam, ��#R, _ � a� :�. _ �'.�1:, �t �"'�•
'�'- ��!•Ms: '.5��1\' -. ..�i� ^• i' �•�f 1✓_' i •y /� ', �:� � cy i.." �D• J�fG� at�..•1 r �'c �
��t Q•"•F •4�`a5'' ��'i i ?' 4�;�`��1 s �• �} r .- � � �`•3� '; _. !��y�g tAr'.. � �.�f �v em
+ r {T\�, ,er•'S !'y�j, •V •. ,;"r5••:.- 'v f �` ✓ .i3 �`j5%° i aj •4`���y '
X4� r• A .e'�• •.�( � - il. 6.`` GJ*' •�,�'' i;: ^ yt•� , , i '.• �t ,� y�.r •T'. _ �
r .1•�,.� t C-M►Y1'� '�j'�a < �''°� y ...-i'�; �• !,.!4 �� _ t••._ `:. �?'.�. $.1� ,rt"• •F�4,! �; '���' 1� r
C• •` 1' '�� �,• ��� 1 .=�''i' ;/" y j,r,`, � _ - •? y / i f Fes? `ir ur^• �r':•1�"l ��l ++��..
� f �•'�, -`�y��µ .. r +' � .�.a•.,i �,.• !`^-�" a .� r � <,'� •c�•f,u•:r `� ;y�•'y�,- � •�� j � � ���r�{
+ .q� P �,i t .; =fl -+L ..1. + "•'<'G`J•�' :`` � •�y- t.lif a'•�� +W r
`•►�i4L 1'v_- ,l w ���- yy y'. ;i✓., -�+�� •"! 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