HomeMy WebLinkAbout2013.03.25 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. March 25, 2013
1, CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4, ITEMS FOR DISCUSSION:
(a) Mid - Columbia Library Presentation. (NO WRITTEN MATERIAL ON AGENDA)
Presented by Kyle Cox, Executive Director, Mid - Columbia Libraries.
(b) Planning Commission Interviews:
1. Agenda Report from Gary Crutchfield, City Manager dated March 20, 2013.
2. Applications (6) (Council packets only).
(c) Waiver of Sewer Utility Service Requirement -1909 Market Court (MF #USW2013 -005):
1. Agenda Report from Rick White, Community & Economic Development Director dated
March 20, 2013.
2. Vicinity Map.
3. Proposed Utility Service Waiver Agreement.
(d) Waiver of Sewer Utility Service Requirement - 6512 Maverick Court (MF #USW2013-
002):
1. Agenda Report from Rick White, Community & Economic Development Director dated
March 21, 2013.
2. Vicinity Map.
3. Proposed Utility Service Waiver Agreement.
(e) Waiver of Sewer Utility Service Requirement - 6508 Maverick Court (MF #USW2013-
001):
1. Agenda Report from Rick White, Community & Economic Development Director dated
March 21, 2013.
2. Vicinity Map.
3. Proposed Utility Service Waiver Agreement.
(f) Professional Services Agreement - Design for Argent Road Widening:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated March 19, 2013.
2. Vicinity Map.
3. Professional Services Agreement with Scope of Services.
(g) Professional Services Agreement - Geotechnical and Environmental Services for Argent
Road Widening:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated March 19, 2013.
2. Vicinity Map.
3. Professional Services Agreement with Scope of Services.
(h) Professional Services Agreement - Commercial/Kablotus Sewer Lift Station:
1. Agenda Report from Mike Pawlak, City Engineer dated March 18, 2013.
2. Vicinity Map.
3. Professional Services Agreement with Scope of Work.
(i) Yard Sales:
1. Agenda Report from Stan Strebel, Deputy City Manager dated March 21, 2013.
2. Proposed Ordinance.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
Workshop Meeting 2 March 25, 2013
6. EXECUTIVE SESSION:
(a) Potential Litigation
(b)
(c)
7. ADJOURNMENT
REMINDERS:
1. 7:30 a.m., Tuesday, March 26, 7130 W. Grandridge Blvd — Tri- Cities Visitor & Convention Bureau
Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
2. 4:00 p.m., Thursday, March 28, 7130 W. Grandridge Blvd — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
5:30 p.m., Thursday, March 28, 710 W. Court Street — Benton - Franklin Community Action
Connections Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
TO: City Council
FROM: Gary
SUBJECT: Planning Ci
I. REFERENCE(S):
AGENDA REPORT
Manager
Interviews
1. Applications (6) (Council packets only)
March 20, 2013
Workshop Mtg.: 3/25/13
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
3/25: Council to conduct brief interviews with Tony Bachart, Larry Fookes, Tim
Hoekstra, Samuel Kniveton, Loren Polk, Gabriel Portugal.
III. HISTORY AND FACTS BRIEF:
A)
The
Planning Commission is composed of nine members; terms are
for six years.
The
Commission meets on the third Thursday of each month at 7:00
p.m.
B) The Planning Commission conducts workshop meetings and public hearings on
land -use policy and development proposals and issues recommendations for the
City Council.
C) There are two positions whose terms have expired, and one vacant position with a
term expiration of 2016:
1. Position No. 2 (vacant) .................... ............................... Expires 2/16
2. Position No. 5 (incumbent Joe Cruz) ....... ........................Expired 2/13
3. Position No. 6 (vacant) ............................ ........................Expired 2/13
D) The Council screening committee concluded that the incumbent in Position No. 5
be reappointed without interview (interviewed for initial appointment 5/07).
Interviews are required to fill Position Nos. 2 and 6:
E) After Council committee review of all applications, the following have been
selected to interview for Position Nos. 2 and 6:
1. Tony Bachart ........ ............................... ...........................2908 Road 61
2. Larry Fookes ............................ ............................... 5005 Avion Drive
3. Tim Hoekstra ........................... ............................... 5516 Coolidge Ct.
4. Samuel Kniveton ........................ ............................... 2317 N. Road 67
5. Loren Polk .................................. ............................... 811 W. Margaret
6. Gabriel Portugal ................................ ............................... 804 Road 52
IV. DISCUSSION:
A) After conduct of interviews at the March 25 Workshop meeting, it is proposed
that appropriate appointments be made by the Mayor, subject to confirmation by
the Council, at the April 1 business meeting.
4(b)
AGENDA REPORT
FOR: City Council March 20, 2013
TO: Gary Crutch rconoymic Manager Workshop Mtg.: 3/25/2013
Regular Mtg.: 4/01/2013
FROM: Rick White,
Community Development Director 1214
SUBJECT: Waiver of Sewer Utility Service Requirement (MF# USW 2013 -005)
I. REFERENCE(s):
1. Vicinity Map
2, Proposed Utility Service Waiver Agreement
H. ACTION REQUESTED OF COUNSIUSTAFF RECOMMENDATIONS:
3/25: Discussion
4/1: MOTION: I move to approve the sewer utility service waiver at 1909 Market Court
and authorize the City Manager to sign the Waiver Agreement.
III. FISCAL IMPACT:
None
IV, HISTORY AND FACTS BRIEF:
A. In March 2013 the applicant applied for a utility service waiver to install a septic system
for new construction of single family dwelling at 1909 Market Court. PMC 16.06
requires connection to the utility system when a building permit is issued unless such
requirement is waived by action of City Council.
B. Utility waivers are granted/denied by City Council in accord with the requirements of
PMC 16.06.050. This section of the PMC requires that City Council base their decision
based on the following criteria:
• 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.
• A waiver is necessary for the preservation and enjoyment of a substantial
property right or use possessed by other properties in the same vicinity and same
zoning classification, which because of special circumstances is denied to the
property in question.
• The granting of the waiver will not be detrimental to the public welfare or
egregious to other property improvements in such vicinity and zoning
classification, which the subject property is located.
• The granting of a waiver will not conflict with the general intent of this chapter
C. The above criteria contained in 16.06.050 is established to measure unusual or unique
circumstances peculiar to a certain property that would justify waiver of a requirement
for utility connections similar to the way a land use variance would be evaluated.
D. The recent annexation of Riverview Area #2 poses a set of circumstances where many
developed and undeveloped properties share a common condition that would justify a
waiver from the requirement for sewer connection — the present lack of sewer service and
the ability of many platted lots to accommodate both an on —site septic system and future
replacement fields.
4(c)
V. DISCUSSION:
A. Presently, there is no sewer service provided near the property. The existing closest
sewer line is approximately 1,800 feet in distance from the applicant's property and it is
not cost effective for a private party or the City to provide for the extension of such line.
In addition, the Sewer Master Plan shows this area is required to be served by lift stations
if the area were to be served by sewer in the future. It is clear that sewer infrastructure for
this area is not in place now nor will it be in the near future.
B. The applicant's property is similar and in some respects identical to much of the
surrounding residential development. All of the single family homes in this vicinity have
been developed with septic systems on relatively large lots. A local improvement district
to extend sewer to this part of Pasco is not likely due to the existing zoning and
development pattern in the area.
C. Standards for septic systems are administered through the Benton Franklin Health
Department and will apply to the installation of septic systems on this property. It is not
expected that the waiver will be detrimental to public health or welfare in this vicinity.
D. The granting of a waiver will not conflict with the intent of chapter 16.06 of the PMC.
The significant costs associated with immediate sewer line extension, the low probability
for the area to be served by city sewer infrastructure (pump stations) in the near future
and the unlikelihood of a local improvement district leads staff to recommend that a
waiver be granted for connection to the city sewer system for the property.
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 County, Washington addressed as
1909 Market Court and described as;
Tax Parcel # 118 -582 -080
Legal: Lot 9, Columbia Flats H, City of Pasco
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 based on the following Findings:
a) Presently, there is no sewer service provided near the property. The existing closest sewer line is
approximately 1,800 feet distance from the applicant's property and it is not cost effective for a
private party or the City to provide for the extension of such line. In addition, the Sewer Master
Plan shows this area is served by lift stations expected to be provided approximately in the year
2025. While the date could change depending on the rate of development, it is accurate to state
that sewer infrastructure is not in place now or in the near future for extension to the properties in
question.
b) The applicant's property is similar and in some respects identical to much of the surrounding
residential development. All of the single family homes in this vicinity have been developed with
septic systems on relatively large lots. A local improvement district to extend sewer to this part of
Pasco is not likely at this time due do the existing development pattern and rural conditions in the
area.
c) Standards for septic systems are administered through the Benton Franklin Health Department and
will apply to the installation of septic systems on this property. The property contains 23,678
square feet which is considered adequate for on — site disposal systems and the potential
replacement area. In other circumstances, smaller properties, properties with significant slopes or
properties with unusual soil conditions are likely to be problematic for the provision of both the on
— site system and the replacement area. It is not expected that the waiver on this property will be
detrimental to public health or welfare in this vicinity.
d) The granting of a waiver will not conflict with the intent of chapter 16.06 of the PMC. The
significant costs associated with sewer line extension, the timeframe expected for the provision of
infrastructure to allow the area to be served by city sewer, and the unlikelihood of a local
improvement district in the near future support the granting of a waiver for connection to the city
sewer system for the property.
3) The waiver is conditioned upon the undersigned making 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
use of a septic tank system at the above referenced property:
b. The undersigned acknowledges that the granting of a sewer utility waiver does not exempt him/her
from any obligation that results from the formation of a Local Improvement District to provide sanitary
sewer to the undersigned's property.
c. 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.
d. A violation of any of the above covenants may be enjoined and the same enforced at the suit of the
City.
DATED this day of
Signature of Legal Property Owner(s)
STATE OF WASHINGTON )
ss.
County of Franklin )
20_
Signature of Legal Property Owner(s)
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 voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 20 .
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
This utility service waiver and agreement has been approved by the Pasco City Council on
20
Gary Crutchfield, City Manager
STATE OF WASHINGTON
ss.
County of Franklin
day of
On this day personally appeared before me, Gary Crutchfield, 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 voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
day of 20
UTILITY SERVICE WAIVER AGREEMENT - PAGE 2
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AGENDA REPORT
FOR: City Council [ I March 21, 2013
TO: Gary Crutchfiel�anager Workshop Mtg.: 3/25/2013
Regular Mtg.: 4/01/2013
FROM: Rick White, �7
Community & Economic Development Director 4� J
SUBJECT: Waiver of Sewer Utility Service Requirement (MF# USW 2013 -002)
I. REFERENCE(s):
1. Vicinity Map
2. Proposed Utility Service Waiver Agreement
II. ACTION REQUESTED OF COUNSIL /STAFF RECOMMENDATIONS:
3/25: Discussion
4/1: MOTION: I move to
approve
the
sewer utility service waiver at
6512 Maverick
Court and
authorize
the
City Manager to sign the Waiver
Agreement.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. In February 2013 the applicant applied for a utility service waiver to install a septic
system for new construction of single family dwelling at 6512 Maverick Court. PMC
16.06 requires connection to the utility system when a building permit is issued unless
such requirement is waived by action of City Council.
B. Utility waivers are granted/denied by City Council in accord with the requirements of
PMC 16.06.050. This section of the PMC requires that City Council base their decision
based on the following criteria:
• 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.
• A waiver is necessary for the preservation and enjoyment of a substantial
property right or use possessed by other properties in the same vicinity and same
zoning classification, which because of special circumstances is denied to the
property in question.
• The granting of the waiver will not be detrimental to the public welfare or
egregious to other property improvements in such vicinity and zoning
classification, which the subject property is located.
• The granting of a waiver will not conflict with the general intent of this chapter.
C. The above criteria contained in 16.06.050 is established to measure unusual or unique
circumstances peculiar to a certain property that would justify waiver of a requirement
for utility connections similar to the way a land use variance would be evaluated.
D. The recent annexation of Riverview Area #2 poses a set of circumstances where many
developed and undeveloped properties share a common condition that would justify a
waiver from the requirement for sewer connection — the present lack of sewer service and
the ability of many platted lots to accommodate both an on —site septic system and future
replacement fields.
4(d)
V. DISCUSSION:
A. Presently, there is no sewer service provided near the property. The existing closest
sewer line is approximately 2,200 feet in distance from the applicant's property and it is
not cost effective for a private party or the City to provide for the extension of such line.
In addition, the Sewer Master Plan shows this area is required to be served by lift stations
if the area were to be sewered in the future. It is clear that sewer infrastructure for this
area is not in place now nor will it be or in the near future.
B. The applicant's property is similar and in some respects identical to much of the
surrounding residential development. All of the single family homes in this vicinity have
been developed with septic systems on relatively large lots. A local improvement district
to extend sewer to this part of Pasco is not likely due to the existing zoning and
development pattern in the area.
C. Standards for septic
systems
are administered through the Benton
Franklin Health
Department and will
apply to the installation of septic systems on this
property. It is not
expected that the waiver will be
detrimental to public health or welfare in
this vicinity.
D. The granting of a waiver will not conflict with the intent of chapter 16.06 of the PMC.
The significant costs associated with immediate sewer line extension, the low probability
for the area to be served by city sewer infrastructure (pump stations) in the near future
and the unlikelihood of a local improvement district leads staff to recommend that a
waiver be granted for connection to the city sewer system for the property.
Vicinity Item: Utility Service Waiver
�' Applicant: Ken &Pauline W
Map File #: USW 2013 -002
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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 County, Washington addressed as
6512 Maverick Court and described as;
Tax Parcel# 118 -591 -095
Legal: Lot 6, Columbia Flats, City of Pasco
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 based on the following Findings:
a) Presently, there is no sewer service provided near the property. The existing closest sewer line is
approximately 2,200 feet distance from the applicant's property and it is not cost effective for a
private party or the City to provide for the extension of such line. In addition, the Sewer Master
Plan shows this area is served by lift stations expected to be provided approximately in the year
2025. While the date could change depending on the rate of development, it is accurate to state
that sewer infrastructure is not in place now or in the near future for extension to the properties in
question.
b) The applicant's property is similar and in some respects identical to much of the surrounding
residential development. All of the single family homes in this vicinity have been developed with
septic systems on relatively large lots. A local improvement district to extend sewer to this part of
Pasco is not likely at this time due do the existing development pattern and rural conditions in the
area.
c) Standards for septic systems are administered through the Benton Franklin Health Department and
will apply to the installation of septic systems on this property. The property contains 22,445
square feet which is considered adequate for on — site disposal systems and the potential
replacement area. In other circumstances, smaller properties, properties with significant slopes or
properties with unusual soil conditions are likely be problematic for the provision of both the on —
site system and the replacement area. It is not expected that the waiver on this property will be
detrimental to public health or welfare in this vicinity.
d) The granting of a waiver will not conflict with the intent of chapter 16.06 of the PMC. The
significant costs associated with sewer line extension, the timeframe expected for the provision of
infrastructure to allow the area to be served by city sewer, and the unlikelihood of a local
improvement district in the near future support the granting of a waiver for connection to the city
sewer system for the property.
3) The waiver is conditioned upon the undersigned making 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
use of a septic tank system at the above referenced property:
b. The undersigned acknowledges that the granting of a sewer utility waiver does not exempt him/her
from any obligation that results from the formation of a Local Improvement District to provide sanitary
sewer to the undersigned's property.
c. 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.
d. A violation of any of the above covenants may be enjoined and the same enforced at the suit of the
City.
DATED this day of
Signature of Legal Property Owner(s)
STATE OF WASHINGTON
: ss.
County of Franklin
20_
Signature of Legal Property Owner(s)
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 voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _ day of 20.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
************************************************************ * * * * * * * * * * * * * * * * * * * * * * ** * * * * * **
This utility
service waiver
and agreement has
been approved by the
Pasco City Council on
day of
.20
Gary Crutchfield, City Manager
STATE OF WASHINGTON
ss.
County of Franklin
On this day personally appeared before me, Gary Crutchfield, 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 voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
day of 20.
UTILITY SERVICE WAIVER AGREEMENT - PAGE 2
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89- CIVOIJ
AGENDA REPORT
FOR: City Counciln March 21, 2013
TO: Gary Crutch Manager Workshop Mtg.: 3/25/2013
Regular Mtg.: 4/01/2013
FROM: Rick White, V4
Community rconomic Development Director
SUBJECT: Waiver of Sewer Utility Service Requirement (MF# USW 2013 -001)
I. REFERENCE(s):
Vicinity Map
Proposed Utility Service Waiver Agreement
II. ACTION REQUESTED OF COUNSIL /STAFF RECOMMENDATIONS:
3/25: Discussion
4/1: MOTION: I move to
approve the
sewer utility service waiver at 6508 Maverick
Court and
authorize the
City Manager to
sign the Waiver Agreement.
III. FISCAL IMPACT:
L
IV. HISTORY AND FACTS BRIEF:
A. In February 2013 the applicant applied for a utility service waiver to install a septic
system for new construction of single family dwelling at 6508 Maverick Court. PMC
16.06 requires connection to the utility system when a building permit is issued unless
such requirement is waived by action of City Council.
B. Utility waivers are granted/denied by City Council in accord with the requirements of
PMC 16.06.050. This section of the PMC requires that City Council base their decision
based on the following criteria:
• 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.
• A waiver is necessary for the preservation and enjoyment of a substantial
property right or use possessed by other properties in the same vicinity and same
zoning classification, which because of special circumstances is denied to the
property in question.
• The granting of the waiver will not be detrimental to the public welfare or
egregious to other property improvements in such vicinity and zoning
classification, which the subject property is located.
• The granting of a waiver will not conflict with the general intent of this chapter.
C. The above criteria contained in 16.06.050 is established to measure unusual or unique
circumstances peculiar to a certain property that would justify waiver of a requirement
for utility connections similar to the way a land use variance would be evaluated.
D. The recent annexation of Riverview Area #2 poses a set of circumstances where many
developed and undeveloped properties share a common condition that would justify a
waiver from the requirement for sewer connection — the present lack of sewer service and
the ability of many platted lots to accommodate both an on —site septic system and future
replacement fields.
4 (e)
V. DISCUSSION:
A. Presently, there is no sewer service provided near the property. The existing closest
sewer line is approximately 2,200 feet in distance from the applicant's property and it is
not cost effective for a private party or the City to provide for the extension of such line.
In addition, the Sewer Master Plan shows this area is required to be served by lift stations
if the area were to be sewered in the future. It is clear that sewer infrastructure for this
area is not in place now nor will it be, in the near future.
B. The applicant's property is similar and in some respects identical to much of the
surrounding residential development. All of the single family homes in this vicinity have
been developed with septic systems on relatively large lots. A local improvement district
to extend sewer to this part of Pasco is not likely due to the existing zoning and
development pattern in the area.
C. Standards for septic systems are administered through the Benton Franklin Health
Department and will apply to the installation of septic systems on this property. It is not
expected that the waiver will be detrimental to public health or welfare in this vicinity.
D. The granting of a waiver will not conflict with the intent of chapter 16.06 of the PMC.
The significant costs associated with immediate sewer line extension, the low probability
for the area to be served by city sewer infrastructure (pump stations) in the near future
and the unlikelihood of a local improvement district leads staff to recommend that a
waiver be granted for connection to the city sewer system for the property.
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 County, Washington addressed as
6508 Maverick Court and described as;
Tax Parcel# 118 -591 -096
Legal: Lot 7, Columbia Flats, City of Pasco
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 based on the following Findings:
a) Presently, there is no sewer service provided near the property. The existing closest sewer line is
approximately 2,200 feet distance from the applicant's property and it is not cost effective for a
private party or the City to provide for the extension of such line. In addition, the Sewer Master
Plan shows this area is served by lift stations expected to be provided approximately in the year
2025. While the date could change depending on the rate of development, it is accurate to state
that sewer infrastructure is not in place now or in the near future for extension to the properties in
question.
b) The applicant's property is similar and in some respects identical to much of the surrounding
residential development. All of the single family homes in this vicinity have been developed with
septic systems on relatively large lots. A local improvement district to extend sewer to this part of
Pasco is not likely at this time due do the existing development pattern and rural conditions in the
area.
c) Standards for septic systems are administered through the Benton Franklin Health Department and
will apply to the installation of septic systems on this property. The property contains 23,678
square feet which is considered adequate for on — site disposal systems and the potential
replacement area. In other circumstances, smaller properties, properties with significant slopes or
properties with unusual soil conditions are likely be problematic for the provision of both the on —
site system and the replacement area. It is not expected that the waiver on this property will be
detrimental to public health or welfare in this vicinity.
d) The granting of a waiver will not conflict with the intent of chapter 16.06 of the PMC. The
significant costs associated with sewer line extension, the timeframe expected for the provision of
infrastructure to allow the area to be served by city sewer, and the unlikelihood of a local
improvement district in the near future support the granting of a waiver for connection to the city
sewer system for the property.
3) The waiver is
conditioned upon the
undersigned
making 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
use of a septic tank system at the above referenced property:
b. The undersigned acknowledges that the granting of a sewer utility waiver does not exempt him/her
from any obligation that results from the formation of a Local Improvement District to provide sanitary
sewer to the undersigned's property.
c. 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.
d. A violation of any of the above covenants may be enjoined and the same enforced at the suit of the
City.
DATED this day of 20
Signature of Legal Property Owner(s) Signature of Legal Property Owner(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 voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 20 .
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
This utility service waiver and agreement has been approved by the Pasco City Council on
20
Gary Crutchfield, City Manager
STATE OF WASHINGTON
ss.
County of Franklin
day of
On this day personally appeared before me, Gary Crutchfield, 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 voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _ day of 20
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
UTILITY SERVICE WAIVER AGREEMENT - PAGE 2
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AGENDA REPORT NO. 13
FOR: City Council March 19, 2013
TO: Gary Crutchfie Manager
FROM: Ahmad Qayow i, Public Works Director Workshop Mtg.: 3/25/13
Regular Mtg.: 4/1/13
SUBJECT: Professional Services Agreement — Design for Argent Road Widening
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement with Scope of Services
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/25: Discussion
4/1: MOTION: I move to approve the Professional Services Agreement with
MacKay Sposito authorizing Design Services with respect to
Argent Road Widening project in the amount of $225,416, and
further, authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
STP Funds - $200,000
Traffic Impact Fees - $255416
IV. HISTORY AND FACTS BRIEF:
A) Argent Road is a principal arterial that provides vital east and west connection from 4th
Avenue to Road 100. One section of the corridor (20s' Ave to Road 44) runs along Port
of Pasco and Columbia Basin College property.
B) In early 2011, the Port of Pasco and Columbia Basin College entered into discussions
regarding the future of Argent Road and the needs of the Port of Pasco, Pasco Airport, the
Fire Department, Columbia Basin College and the City as the area grows and additional
demand is placed onto the corridor.
C) In October 2011, the City entered into an agreement with MacKay Sposito to deliver a
conceptual design development phase for the corridor from 201h Ave to Road 44. The
concept development scope included road widening to five lanes to meet the future and
current needs of the area, landscaping, bike lanes and access management.
D) Through a number of interactions and meeting with the Port of Pasco and Columbia
Basin College, a final concept plan was developed.
E) City staff allocated federal funds in the amount of $200,000 for the design of the project.
V. DISCUSSION:
A) In December of 2012 the City received 5 proposals to design the Argent Road corridor, in
response to the City's Request for Proposals.
B) On January 17, 2013 a panel interview was conducted with potential consultant firms.
The panel included members from WSDOT, Port of Pasco and City staff.
C) The panel determined MacKay Sposito to be the most qualified consultant for the project.
D) Staff has been working with the consultant and WSDOT to finalize the project design
scope and the environmental process. The scope and design will reflect the requirements.
E) Scope of services include traffic modeling, traffic signals at two intersections, right of
way documentation, and construction documents.
4(f)
I
PROFESSIONAL SERVICES AGREEMENT
Argent Road Widening Project
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City ", and MacKay Sposito, hereinafter
referred to as "Consultant."
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including technical and professional
expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon
which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
Scope of Services. The Consultant shall perform such services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary
for full performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the "Project ").
2.
Term. This
Project shall begin
on April 1. 2013, and promptly
be completed by
December 31,
2014, in accordance
with the schedule attached hereto as
Exhibit B.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the
performance of such services. 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 Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a prior written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
Professional Services Agreement- 1
3.4 The City shall pay the Consultant for such services as follows:
[ ] Hourly: (Single Rate) $ per hour plus actual expenses
incurred as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
[ ] Hourly: (Multiple Rate). Such rates as identified on Exhibit C, plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $ without the prior written authorization
by the City; or
[ X ] Fixed Sum: A total of $225,416; or
[ ] Other:
for all work performed and expenses incurred under this Agreement.
4, Reports and Inspections,
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant's activities. The City
may, at its discretion, conduct an audit at its expense, using its own or outside
auditors, of the Consultant's activities which relate, directly or indirectly, to this
Agreement. Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses,
registration documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may
be necessary to assure proper accounting of all funds paid pursuant to this
Professional Services Agreement- 2
Agreement. These records shall be subject, at all reasonable times, to inspection,
review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine
any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and
documents made, collected, or prepared by the Consultant for performing the
services subject to this Agreement, as well as any final product, collectively
referred to as "work product ", shall be deemed as the exclusive property of the
City, including copyright as secured thereon. Consultant may not use them except
in connection with the performance of the services under this Agreement or with
the prior written consent of the City. Any prior copyrighted materials owned by
the Consultant and utilized in the performance of the services under this
Agreement, or embedded in with the materials, products and services provided
thereunder, shall remain the property of the Consultant subject to a license
granted to the City for their continued use of the products and services provided
under this Agreement. Any work product used by the Consultant in the
performance of these services which it deems as "confidential ", "proprietary ", or a
"trade secret" shall be conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed 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 Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of services provided.
6. Public Records,
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56
RCW "Public Records Act." All preliminary drafts or notes prepared or gathered
by the Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or its prior public citation by the City in connection with
City action.
6.2 If the Consultant becomes a custodian of public records of the City and request
for such records is received by the City, the Consultant shall respond to the
request by the City for such records within five (5) business days by either
Professional Services Agreement- 3
providing the records, or by identifying in writing the additional time necessary
to provide the records with a description of the reasons why additional time is
needed. Such additional time shall not exceed twenty (20) working days unless
extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the
pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
7, Independent Contractor Relationship,
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant.
No agent, employee, officer or representative of the Consultant shall be deemed to
be an employee, agent, officer, or representative of the City for any purpose, and
the employees of the Consultant are not entitled to any of the benefits or
privileges the City provides for its employees. The Consultant will be solely and
entirely responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the City's
sole discretion, may be detrimental to the City's interest.
8, Indemnification.
Professional Services Agreement- 4
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Consultant, and the City, its officers, employees, agents and
volunteers, the Consultant's liability and obligation to defend hereunder shall only
be the proportionate extent of the Consultant's negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
8.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
91 Insurance. The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, employees, or subcontractors.
9.1 Minimum Scone of Insurance. Consultant shall obtain insurance of the types
described below:
9.1.1 Automobile Liability insurance covering all owned, non - owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
Professional Services Agreement- 5
9.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work
performed for the City.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no
less than:
[ ] $1,000,000 each occurrence;
[ ] $2,000,000 general aggregate; or
[ ] $ each occurrence; and $ general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
[ ] $1,000,000 per claim;
[ ] $1,000,000 policy aggregate limit; or
[ ] $ per claim; and $ per policy aggregate limit.
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
9.3.1 The Consultant's insurance coverage shall be primary insurance as
respects the City. Any insurance, self - insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
Professional Services Agreement- 6
9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than A:VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Consultant before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Covenant Against Contingent Fees, The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance
under this Agreement or any portions of this Agreement without the prior written
consent of the City, which consent must be sought at least thirty (30) days prior to
the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local,
State and Federal statutes, ordinances and guidelines.
12.3 Any
technical or professional service
subcontract not listed in this Agreement,
must
have prior
written approval by the
City
Professional Services Agreement- 7
13.
14,
15.
Termination,
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) calendar days written
notice in the advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions
of this Agreement and fails to correct such noncompliance within five (5)
calendar days of written notice thereof, the City may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
Consultant setting forth the manner in which the Consultant is in default. The
Consultant will only be paid for services for complying with the terms of this
Agreement.
General Provisions,
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e -mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City:
14.3.2 For the Consultant:
Dispute Resolution,
Abroad Qayoumi
Public Works Director, or his designee
525 North 3rd
Pasco WA 99301
gayoumia@pasco- wa.gov
Bryan Cole
Vice President
7601 W. Clearwater Avenue, Suite 405
Kennewick, WA 99336
bcole @mackaysposito.com
15.1 This
Agreement has been
and
shall
be construed as
having
been made and entered
into
and delivered within
the
State
of Washington,
and it
is agreed by each party
Professional Services Agreement- 8
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the
dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against
the other.
16. Nonwaiver. 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
similar event or other provision of this Agreement.
17, Integration. This Agreement between the parties consist in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF PASCO, WASHINGTON CONSULTANT
By:
525 North 3rd
Pasco WA 99301
(509)
E -Mail
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Professional Services Agreement- 9
By:
E -Mail
MacKay + Sposito
EXHIBITA
KENNE W ICK OFFIC E
City of Pasco
Argent Road, Road 36 to W. 20`h Avenue
Professional Services
Argent Road Professional Design Services
Argent Road Design services shall be for the widening of Argent Road from the existing roadway section
to a 4 lane section including the addition of center medians and turn lanes and landscaping from the
west side of W 20'4 Ave to Road 36.
Design services shall generally include:
• Traffic modeling of six study intersections along Argent Road within the project limits.
• Obtaining additional survey data at Saraceno Way.
• Preparation of revised concept plan and estimated construction cost after completion of traffic
modeling.
• Participation in stakeholder meetings.
• Geotechnical analysis of existing pavement condition, soil conditions, and recommended
pavement section for widened lanes.
• Preparation of Plans, Specials, Bid Item list, and Engineers Estimate of Probable Cost for Argent
Road improvements to a 4lane section including the addition of center medians and turn lanes.
• Preparation of Landscape and irrigation plans.
• Attendance at project meetings with City of Pasco.
Argent Road Design —Task Descriptions
Task 1: Data Collection
Consultant will schedule and conduct a project kick -off meeting with City staff representatives and
subcontractor design team members. The purpose of the meeting will be to gain additional information
from the City regarding project vision and project goals. At this meeting the Consultant will obtain any
remaining data from the City (traffic data, as -built utility drawings, City O &M staff contacts, etc). The
consultant team will also walk the site with City staff to discuss project opportunities, challenges, and
further insight into the City's specific vision for particular portions of the roadway.
Deliverables:
1) Meeting minutes
www.mackaysposito.com
Argent Road
Feb. 21, 2013
Task 2: Topographic Survey
At the conclusion of the kick -off meeting, MacKay Sposito will have Permit Surveying complete the
topographic survey of the Saraceno Way intersection and additional topographic survey on W 201h
Avenue required for the right turn lane designs.
Deliverables:
1) Updated topographic CAD file with additional survey from Saraceno Way and W 201h Avenue.
Task 3: Traffic Modeling
Kittelson and Associates will perform modeling of the Argent Road corridor in the study area. The study
will provide an existing and future condition analysis for six study intersections (Road 36 and Argent
Road, WSDOT /Airport Way and Argent Road, Farm Road and Argent Road, Saraceno Way and Argent
Road, Tech Drive and Argent Road, and W 201h and Argent Road). Kittelson's scope of work is further
defined in the attached Exhibit B.
With the baseline assumption that improvements to the Argent Road /WSDOT /Airport Way intersection
are not included in the scope of work As a component of the scope, Kittelson will provide a
recommendation for the temporary routing of bicycle traffic through the Argent Road /WSDOT /Airport
Way intersection utilizing the current striping, sidewalks, paths and utility positions.
Deliverables:
1) Draft and final report summarizing the study methodology, findings, and recommendations.
Task 4: Traffic Signal Design / Signing and Striping
Kittelson and Associates will perform signal design for modifications to the Saraceno Way and Argent
Road intersection. Additionally, Kittelson will attend up to 4 conference call update meetings and
Kittelson will prepare signing and striping plan sheets. Kittelson's scope of work is further defined in the
attached Exhibit C. Construction Plans will be developed in accordance with the City of Pasco's latest
standards and specifications.
Deliverables:
1) Construction Plans at three design stages: Three agency- review periods are assumed: one
at the conceptual design stage (60%), one at the preliminary design stage (90 %), and the last
review at final plans.
2) Develop technical specifications for final bid documents.
3) Develop a detailed construction cost estimate for final bid documents.
Task S: Concept Refinement
Utilizing the results of Kittelson's Traffic modeling and the identified traffic control devices, queue
storage needs for each of the six study intersections, identified access management recommendations,
and the recommended bicycle improvements at the Argent Road /WSDOT /Airport Way intersection. The
Consultant will prepare a revised concept plan in which the center islands are updated, queue lengths
shown, center island updated, roadway shifts to accommodate existing dry utilities, and striping and
curb line tapers are shown. As part of this effort we will also identify impacts to existing conditions such
as grading, utilities, monument signage, etc. Due to site impacts this task would include a conceptual
design for the Columbia Basin College monument sign at Saraceno and Argent Road, pedestrian nodes
and bus stop configurations. The Consultant will prepare a revised construction cost estimate based
M i KaV SF
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Argent Road
Feb. 21, 2013
upon this concept. Additionally under this task, the Consultant will organize and facilitate a meeting
with Benton - Franklin Transit to discuss bus stop location and configuration. Additional negotiations
required beyond this meeting with Benton - Franklin Transit regarding final position are assumed to be
performed by City Staff.
Deliverables:
1) Concept Plan Update (Full Engineering Plan Drawing are not proposed for this stage)
2) Estimate of Probable Construction Cost for Argent Road improvements
Task 6: Stakeholder involvement
The Consultant will attend meeting with the Port of Pasco, Columbia Basin College, and the City of Pasco
to discuss the concept and cost estimates. The Consultant will attend up to 2, 3 -hr meetings with these
stakeholders. It has been assumed that City staff organize the meetings. The Consultant will attend
meetings with WSDOT; the Consultant will attend up to 2, 2 -hr meetings with WSDOT. It has been
assumed that City staff will coordinate setting up of the meetings with WSDOT. The consultant will print
and bring plan sheets and cost data for the meetings. The Consultant will not prepare shareholder cost
breakdowns for determination of each stakeholders financial liability.
Deliverables:
1) Meeting Minutes for up to 4 meetings.
Task 7: Conceptual Design for WSDOT /Airport Way and Argent Road Intersection
For this task the Consultant will prepare a single plan sheet figure depicting improvements needed to
the existing intersection to accommodate bike lanes in both directions through the intersection. The
figure would depict curbs that would need to moved, signal poles to be moved and other electrical
equipment that would need to be moved. The Consultant would also provide a budgetary level estimate
of probable construction costs for the estimated improvements. Final design for this intersection is not
included in this scope of work; the Consultant will provide a supplement scope of work for final design if
requested after the City reviews the estimated construction costs.
Deliverables:
1) Concept Plan (one sheet) showing bike lanes through WSDOT /Airport Way and Argent Road
intersection
2) Estimate of Probable Construction Cost for Intersection improvements
Task 8: Preliminary Design (60% Design)
Based upon feedback from the City and Stakeholders on the Concept Plan, the Consultant will prepare
roadway construction plans showing street widths, curb locations, lane configuration, stormwater
systems, striping, and landscape planting plan. Project improvements will begin at the east side of Road
36, widen to 5 lanes with bike lines until a point approximately 500 feet west of the Argent
Road/WSDOT /Airport Way intersection. Argent Road improvement plans to 5 -lanes will resume at a
point approximately 500 feet east of the Argent Road /WSDOT /Airport Way intersection and continue to
the west side of W 20'h Avenue. The following assumptions have been made pertaining to the limits of
Argent Road Improvements:
1) At the Argent Road/ Road 36 intersection ithas been assumed that the 5 lane section will
terminate on the east side of Road 36. The northern of the two west bound lanes on Argent
✓i �CP_fli'.. �.�O�iJ
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Argent Road
Feb. 21, 2013
Road would become a right turn only lane on to Road 36. Road 36 improvements would be
limited to the connection of the right -turn radius into the existing curb on Road 36.
2) Bike lanes will not continue through Road 36
3) The second west bound lane on Argent Road will begin with a taper on the east side of Road 36
and widen to the full 5 lane road section.
4) The striping on the west side of Road 36 will be modified to accommodate a left turn lane on
Road 36, but it has been assumed that the curbs on the north and south side of Argent Road
(west of Road 36) will remain in their current location.
5) No improvements or construction plan documents will be prepared for the 1000 feet of existing
Argent Road centered on the Argent Road /WSDOT /Airport Way intersection.
6) At W 20`h Avenue it has been assumed that the northern west bound lane will begin with a new
taper on the west side of W 20"' Avenue (i.e. the right turn lane from the Airport will joint with
the existing single west bound lane on Argent Road and then flare to two through lanes west
bound).
7) At W 20`h Avenue it has been assumed that the southern east bound turn lane will become a
right -only turn lane to south bound W 201h Avenue. Construction plans would include the
revision to the sidewalk, street lights, and curb to accommodate the right -only turn lane.
8) It has been assumed that bike lanes will not continue through the Argent Road / W 20`h Ave
intersection. It has been assumed that there will be no revisions to the existing splitter islands at
the Argent Road / W 20`h Ave. intersection.
9) The design and development of monument signage for Columbia Basin College is not included
past the conceptual design process. It is anticipated that this work would be done by the
College on a separate contract. 60% design would include all pedestrian improvements within
the ROW and bus stops.
Deliverables:
1) Preliminary (60% Design Set) Construction Plans for the Argent Road improvements, including
right -of -way limits, street light modifications, stormwater systems, and dry utility relocations
needed. Three copies of 2204 plan sets will be provided and one PDF format plan set will be
provided for City Review and comment.
2) Updated Engineer's Estimate of Probable Cost
Task 9: Right- of-way Documents
The Consultant will prepare legal descriptions and dry utility easement descriptions for 7 (seven) parcels.
Additionally, one right -of -way exhibit will be prepared for each parcel showing the right -of -way and dry
utility easement. Also the Consultant will perform limited deed research to establish existing right -of-
way and as needed to adjust the apparent limited Argent Road right -of -way near W 201h Avenue. The
Consultant will also prepare exhibits showing the necessary temporary construction easements; legal
description of the temporary construction easements will not be prepared.
Deliverables:
1) Signed pdf of Right -of -way Legal Descriptions with right -of -way exhibit attached.
2) Temporary construction exhibits
sposa 0
Argent Road
Feb. 21, 2013
Task 10: Final Plans, Specials, and Engineer's Estimate of Probable cost
After the City's review of the 60% Design plans, the Consultant will incorporate the comments, finish
remaining design elements, and prepare final design, final construction plans, project specific special
provisions, list of bid items and units, and an engineers estimate of probable cost. It has been assumed
that City will prepare the general project specifications, bind the specifications and specials, and
coordinate the bidding and advertising of the project, bid opening and contracting.
Deliverables:
1)
Consultant will prepare 90% Project Plans, Draft Specials (No estimate or quantities for 90 %) for
City review.
3 full size sets of the plans and in PDF format will be provided. Project specials will
be provided
in Word format for City review and comment.
2)
Final
(100% Project Plans) with Mylar cover sheet in bid ready reproducibly format and PDF
(with
signed stamp) for City to Print and Distribute.
3)
Final
Engineer's list of bid items and bid quantities, Final Engineer's Estimate of Probable Cost
4)
Sheets included in the Final Plan Set prepared by the Consultant
•
Cover /Vicinity Map Sheet
•
Standard Legend and Abbreviations
•
Demolition Sheets (6 Sheets, 1 " =20" Horizontal Scale)
•
Street Sections and Non - standard City Details (3 sheets)
•
Plan and Profile Sheet for Road improvements and Utilities (12 Sheets, 1 " =20"
Horizontal Scale)
•
Landscape Sheets (6 Sheets, 1 " =40" Horizontal Scale)
•
Irrigation Sheets (6 Sheets, V =40" Horizontal Scale)
•
Pedestrian Node Details (1 sheet)
•
Illumination Sheets (6 Sheets, 1" =20" Horizontal Scale)
•
Saraceno Way and Argent Road Signal Modification Sheets (5 sheets)
•
Signing and Channelization and Detail Sheets (4 Sheets)
•
Temporary Erosion Control Details (1 sheet)
Task 11: Project Administration
The Consultant will schedule personal resources, coordinate team members and subconsultants,
monitor costs expended relative to progress, prepared progress invoices, meeting minutes, provide
written changes to the project scope.
Task 12: Geotechnical Evaluation
PBS Environmental will perform infiltration testing, soil analysis, pavement analysis, pavement design,
and provide summary report in conformance with the attached scope of work, See Exhibit D.
Deliverables:
1) Geotechnicai Report
Task 13: Permitting Support
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Argent Road
Feb. 21, 2013
The Consultant will coordinate with Environmental firm for incorporation of discipline specific
environmental reports (prepared by others as requested by WSDOT Regional Engineer). The Consultant
will attend a meeting with the WSDOT Regional Engineer (local) to discuss NEPA permitting needs. The
Consultant will organize discipline specific environmental reports and prepare packet for submittal to
lead agency for NEPA permitting.
Deliverables
1) Compiled NEPA document with discipline specific reports
2) Submittal of NEPA Document to Lead Agency
Optional Contingency Tasks
Task 14: Intersection Design Changes and Signal Modification to WSDOT Off- ramp /Argent Road/
Airport Way (Contingency Scope)
There is no scope of work identified for this task. Scope of work for this service will be discussed at a
later time with the City and added as supplemental work as necessary.
Task 1S: Signal Design for Argent Road and Road 36 Intersection and Signal Interconnect (Contingency
Scope Item)
See Attached Exhibit C.
Task 16: Intersection Design Changes and Signal Modification to W 20th and Argent Road Intersection
(Contingency Scope)
The Consultant's proposed scope of work for this intersection (in addition to the scope items listed
above) is limited to the addition of a right -turn lane from the airport property on to Argent Road west
bound. This right turn lane will become the northern west bound lane on Argent Road. Design
improvements will be limited to the new right turn lane, new sidewalk connection to the existing signal
pole island, striping revisions, minor modification to this northwest signal pole island, and connection to
the existing curb on W 2& north of Argent Road (improvements will extend approximately 120 feet
north of the Argent Road centerline on the west side of W 20`h only). The addition of this right turn lane
will require the relocation of the traffic control cabinet, Kittelson and Associates has provided a scope
and fee for the re- design and re- wiring of the existing signal. For the purposes of the scope, it has been
assumed that the existing electrical transformers on the northwest corner of Argent Road and W 201h
would also need to be relocated. Additionally, revisions to the existing landscape island that is located
northwest corner of Argent Road and W 201h will be designed. Landscape revisions will be limited to
minor adjustments to the existing irrigation system and supplemental plantings as needed based on site
impacts. The Consultant will prepare a plan view figure showing the proposed road improvements and
send it to Franklin County PUD and Quest for review and comment. Coordination and negotiations with
the utilities shall be performed by City staff.
Task 17: Bidding and Construction Assistance
There is no scope of work identified for Bidding and Construction Assistance. Scope of work for for
Bidding and Construction Assistance services will be discussed at a later time with the City and added as
supplemental work as necessary.
,v`,
Argent Road
Feb. 21, 2013
Scope of Services Assumptions
1) Traffic Control Plans will not be prepared by Consultant, Specials providing general traffic
control limitations will be provided.
2) Scope of Work assumes that no new water system design will be performed.
3) Scope of Work assumes that no new sewer system design will be performed.
4) Scope of Work assumes that other curbs on the existing Argent Road alignment will be removed,
outer travel lanes and bike lanes will be added and new sidewalk added. An overlay from new
curbs over existing center lanes is expected.
5) Number of Status update meeting with City of Pasco Staff is assumed to be 7 meetings, this
include 2 meetings to discuss plans submittal review comments by Staff.
6) Consultant will Invoice monthly with hour breakdowns by staff and which task was worked on.
7) One Meeting with Benton Franklin Transit
8) Consultant will not prepare Construction Staging and Phasing plan.
9) Consultant will contact each of the Dry utilities providing service within the project area at the
point of Conceptual design refinement to discuss dry utility relocation needs. The Consultant
will not preform dry utility design nor will Consultant perform drafting services to draw utility
designs within the Argent Road construction plans. The Consultant will show the dry utilities
within the plans if the dry utility companies provide a CAD file on the project datum with
component symbols appropriate for scale of drawings. It has been assumed that the City of
Pasco staff will perform dry utility negotiations.
10) Erosion Control Plans will not be created
11) The Consultant's work is considered complete when the 100% Plans, Specials, and Engineer's
Estimate of Probable cost are provided to the City.
Argent Road Compensation:
Budget Items 1 -13: $2251416.36
Reimbursables: $750 (Estimated)
Contingency Items: To be Determined
See Attached Exhibit for Additional Detail
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EXHIBIT B
Kittelson & Associates, Scope of Services
Argent Road Modeling
This study will provide an existing and future conditions analysis for six study intersections. Weekday
AM and PM peak hour traffic counts will be provided by the City for the six study intersections including:
•
Argent Road
and
20th Avenue
•
Argent Road
and
Tech Way
•
Argent Road
and
CBC Main Entrance
•
Argent Road
and
Farm Road
•
Argent Road
and
Airport Road -395 Off Ramp
•
Argent Road
and
Road 36
The City of Pasco will also provide 24 -hour vehicle volume and classification counts on Argent Road
between 20th Avenue and Road 40.
The scope of services to be provided by Kittelson & Associates, Inc. includes:
• Obtain available traffic counts and crash data for the six study intersections from the City of
Pasco.
• Conduct a site visit to observe existing conditions at the six study intersections. Attend a project
kick -off meeting with the City and team during the same visit.
• Evaluate weekday AM and PM existing conditions at the six study intersections.
• Coordinate with the City of Pasco to obtain future land use assumptions for property in the
study area, particularly the Port of Pasco and Columbia Basin College properties.
• Develop weekday AM and PM peak hour trip generation estimates for the vacant properties
along the study corridor based on the land use assumptions provided to the project team.
• Develop future 20 -year traffic AM and PM peak hour volumes at the six study intersections
based on the assumed property development and travel demand model data provided by the
City via BFCOG.
• Identify anticipated future turn lane and traffic control device needs at each of the study
intersections.
• Identify future multimodal treatments for the corridor.
• Prepare a traffic signal warrant analysis at the Argent Road /Road 36 intersection under existing
and future 20 -year conditions.
• Identify traffic control devices needs and queue storage needs for each of the six study
intersections.
• Identify access management recommendations for the study segment of the corridor.
• Prepare a draft letter report summarizing the study methodology, findings, and
recommendations.
• Conference call with the City and project team to discuss findings /recommendations.
• Prepare a final letter report incorporating City staff feedback.
• Participate in up to two (2) additional meetings by conference call or video conference.
EXHIBIT C
Argent Road Scope of Work
Develop the traffic design plans on a base drawing supplied by Mackay / Sposito. KAI will review the
field survey of the proposed roadway improvements to ensure that all information needed for our work is
available. The following information should be included with the base drawing:
• Topographic survey data;
• Roadway striping and signing (including the sign post material and the sign
legend /message);
• Existing and proposed utility locations above and below ground (including height of any
overhead power lines);
• Existing and proposed street edge of pavement /curb and right -of -way locations,
• Existing and proposed sidewalk locations;
• Roadway centerline or control line with stationing; and
• Any available as -built plans of the area.
The base drawing will be prepared in AutoCAD or Microstation format, with both computer files and
hard copy drawings provided.
All plans will be developed in accordance with the City of Pasco's latest standards and specifications.
Three agency- review periods are assumed: one at the conceptual design stage (50 %), one at the
preliminary design stage (90 %), and the last review at final plans.
A. Project Coordination/ Meetings
• Attend a project kick -off meeting with the City and the design team to
finalize the project scope.
• Participate in up to four (4) additional conference calls with the project
team throughout the duration of the design.
• Prepare monthly invoices, status reports, and maintain the project
schedule throughout the duration of the project.
• Coordinate project- related items as needed to complete the project.
B. Traffic Signal Plans
• Receive a copy of any available traffic signal as -built drawings from the
City.
• Conduct a site visit during the trip for the kick -off meeting to inventory
the existing conditions and verify the survey.
• Develop up to 5 traffic signal modification plan and detail sheets for the
Argent /Saracen intersection.
I Simi
EXIIIM C
Argent Road Scope of Work
• CONTINGENCY TASK: Develop up to 3 additional traffic signal
modification plan and detail sheets for the Argent /200, Avenue
intersection.
• CONTINGENCY TASK: Develop up to 3 additional traffic signal plan
and detail sheets for the Argent/Road 36 intersection.
• CONTINGENCY TASK: Develop up to one (1) wireless interconnect plan
sheet connecting the existing signals along Argent Road within the study
area.
• Coordinate with the City of Pasco for the signal operations and timing;
this scope does not include the development of signal timing plans.
• Develop technical specifications for final bid documents.
• Develop a detailed construction cost estimate for final bid documents.
C. Signing & Striping Plans
• Conduct a site visit during the trip for the kick -off meeting to inventory
the existing conditions and verify the survey.
• Develop up to four (4) signing and striping plan and detail sheets along
Argent Road.
• Develop technical specifications for final bid documents.
• Develop a detailed construction cost estimate for final bid documents.
D. Pre - Bidding Services
• Assist during the contractor selection process, including assistance with
contractor inquiries during the bidding period.
• Prepare and distribute any addenda as necessary.
pg. 2
PBS
January 30, 2013
Engineering +
Environmental
Est. 1982
MacKay + Sposito
Attention: Mr. Paul Harmsen, PE
7601 W Clearwater Avenue, Suite 405
Kennewick, WA 99336
Via Email: pharmsen @mackaysposito.com
Exf+ (gjT 0
RE: Proposal for Geotechnical Engineerinoq Services
Argent Road Widening from North 20 Ave to Road 40
PBS Project No. PR73052.000
Dear Mr. Harmsen:
PBS Engineering and Environmental Inc. (PBS) is pleased to submit this proposal (PBS Proposal) for
geotechnical and pavement engineering for approximately 7,050 linear feet of Argent Road improvements from
North 20th Avenue to the Road 40 intersection in Pasco, Washington. The following scope of services and
compensation are based on our understanding of the project, the proposed use, existing site conditions, and
schedule for completing the project.
PROJECT UNDERSTANDING
PBS understands that the proposed project includes the widening of Argent Road and landscaping improvements.
The project location will include the portion of Argent Road that extends from North 20th Avenue on the east to the
intersection with Road 40 on the west. The City of Pasco Critical Areas Map, dated June 2008, does not show the
project area to be within any critical areas as presented on the map.
The project will consist of the following six (6) tasks, of which several are optional:
1. Conducting three (3) infiltration tests.
2. Conducting an existing pavement survey and drilling of shallow soil borings with SPT testing. This will
also include recommendations for cut and fill slopes. PBS understands that cuts and fills are likely to be
six feet or less.
3. Collecting existing pavement section core samples and analysis (optional).
4. Conducting falling weight deflectometer testing, FWD (optional).
5. Providing a pavement design for the widened lanes (optional).
6. Performing laboratory tests, analyze results, and prepare a report with recommendations.
PBS understands that tasks 3, 4 and 5 may not be required by the City of Pasco.
PBS understands that no foundations, culverts or retaining walls are anticipated for this project. PBS also
understands there are utilities along the north and south sides of the road and a sanitary sewer in the road.
320 N Johnson Street, Suite 700, Kennewick, WA 99336
509.735.2698 Main
866.727,0140 Fax
www.p6senv.com
Bend I Boise I Coquille I Eugene I Portland I Seattle I Tri- Cities I Vancouver
MacKay + Spos@o
Proposal for Geotechnical Englneerinaq services
Argent Road Widening from North 20 Ave to Road 40
Page 2 of 4
Some earthwork will be required to widen the travel surface and provide a shoulder section. The use of
underground stormwater injection control (UIC) systems will also be considered.
Coring of the existing asphalt concrete (AC) pavement and base course can provide existing section thicknesses
which are useful for comparison to City or County pavement standards. However, additional information will be
required to develop a new pavement design or estimate the remaining life of the existing pavement section. In
addition, we recommend considering utilizing a falling weight deflectometer (FWD) to evaluate the condition of the
existing pavement and subgrade along the alignment. The FWD is an automated device that quantitatively
measures the resilient modulus of the existing pavement components at intervals along the existing roadway. This
permits a better characterization of the existing pavement and subgrade condition for a better determination of
remaining pavement life or appropriate thickness for new pavement overlays. Evaluation of existing pavement life
from visual qualitative assessments generally result in a conservative analysis. The FWD generally reduces
conservatism and uncertainty.
PBS will complete a visual pavement reconnaissance to document the amount, type, and degree of distress of the
existing pavement. We will also core through the existing pavement at four locations to measure the thickness of
pavement section components (i.e. AC, base rock, etc.). The location of our proposed cores should be
determined based on the results of the reconnaissance, and the FWD testing if authorized. In addition to the initial
reconnaissance and coring of the existing pavement section, we recommend up to eight shallow (up to 5 to 7.5
feet in depth) borings be completed along the shoulders of the existing roadways. Standard Penetration Testing
(SPT) completed in the borings would be used to evaluate the consistency of the subgrade for the widening as
well as allow for the collection of bulk samples for use in laboratory stiffness testing for use in the new pavement
design, and to conduct the infiltration testing in selected borings.
SCOPE OF SERVICES
PBS proposes the following scope of services:
1. Infiltration Testing: Three bore hole infiltration tests will be completed at locations determined by the
civil engineer, generally at locations selected for the borings for the subsurface explorations. Field
exploration and infiltration testing will follow the procedures outlined in the DOE's Eastern Washington
Stonnwater Manual and Pasco requirements. PBS anticipates that depths of the tests will range from 5 to
no more than 10 feet in depth. Samples will be collected for Cation Exchange Capacity (CEC) testing by
an outside lab.
2. Pavement Reconnaissance and Subsurface Exploration:
a. Document pavement distress along approximately 7,050 linear feet of Argent Road. Documentation
will include a site sketch noting the location of observed distress, including a table identifying the
extent, type, and severity of pavement distress at each location. This will be done generally following
DOT visual pavement rating guidelines. This includes approximately one half day of field mapping.
The results of the reconnaissance will be used to locate pavement cores in the most appropriate
locations.
b. Complete up to eight borings to depths of up to 5 to 7.5 feet along the shoulder of Argent Road to
evaluate the types and consistency of subgrade soils in support of a new pavement design for
roadway widening. The estimate for subsurface explorations assumes that it will be completed in
combination with explorations for Road 68.
3. Pavement Coring (Optional): Core five locations along Argent Road to document AC thickness, base
course thickness, and subgrade type and consistency. The estimate for pavement coring assumes that it
will be completed in combination with subsurface explorations and infiltration testing.
4. Falling Weight Deflectometer (Optional): A falling weight defiectometer will be used to measure the
resilient modulus values of the existing pavement at intervals of about 100 to 200 feet along both travel
lanes. The interpreted modulus values will be provided in tabular form for statistical analyses and present
in a written report. Traffic control will be required and provided. The estimate for this work assumes that it
will be completed in combination with an evaluation of Road 68.
5. New Pavement Design (Optional): Field and laboratory data will be used to prepare a new pavement
design for Argent Road based on traffic volumes and distributions provided by others.
MacKay + Sposito
Proposal for Geotechnical Engineering Services
Argent Road Widening from North 20 Ave to Road 40
Page 3 of 4
6. Analysis and Report Preparation:
a. Laboratory Testing: All samples will be returned to our laboratory and classified by the Unified Soil
Classification, Visual - Manual Procedure. Laboratory tests will include:
• Natural moisture contents
• Atterberg Limit testing
• Grain size distribution (grain -size analyses)
• Maximum density (Proctor) test
• California bearing ratio (CBR)
• Cation Exchange Capacity (CEC)
b. Report Preparation: A Geotechnical Engineering Report will be prepared summarizing the results of
our explorations and analyses, including information relating to the following:
• Boring logs
• Laboratory test results
• Design recommendations for new pavements for Argent Road including recommendations for
repair of poor pavements areas (i.e., alligator cracked, cracking, raveling, or potholing) identified
during our reconnaissance
• Opinions concerning the reuse of existing pavement materials
• Infiltration test results and groundwater considerations
COMPENSATION
PBS proposes to perform the scope of services described above on a time and reimbursable expenses (T &E)
basis. Our estimated fee for the proposed services is apportioned as follows:
Task 1: Conduct three (3) infiltration tests ...................................................... ............................... $43300
Task 2: Pavement Reconnaissance & Subsurface Explorations ................... ............................... $6,400
Task 3: Pavement Coring (Optional) .............................................................. ............................... $3,900
Task 4: Conduct falling weight defiectometer testing ( Optional) .................. ............................... $11,500
Task 5: Provide a pavement design Recommendations for the widened lanes (Optional) .............. $750
Task 6: Analysis and Report Preparation ....................................................... ............................... 14,600
Estimated T &E Total ................ ............................... $31,350
This fee estimate is based on previous work experience in the site locale. If site conditions are out of the ordinary,
or if accessibility to the site is restricted, additional costs may be incurred. PBS will inform the Client of any such
conditions prior to exceeding the proposed fee estimate.
The indicated fee and the terms under which our services are provided will be in accordance with the attached
General Terms and Conditions for Professional Services (Rev. 3/2012). The Terms and Conditions may not be
changed without the prior written consent of the parties.
This fee assumes any modifications to the scope of services described above, or work following our submission of
the final report (such as review of construction plans and specifications, construction observations, meetings,
etc.), will be considered additional work. Any additional work will be billed at our current hourly rates.
MacKay + Sposdo
Proposal for Geotechnical Engineerinaq Services
Argent Road Widening from North 20 Ave to Road 40
Page 4 of 4
LIMITATIONS AND ASSUMPTIONS
Several assumptions were made in preparing the scope of services and calculating the estimated fee. The
limitations and assumptions are as follows:
1) Soil samples collected during the investigation will be stored for a minimum of 60 days after the
completion of the subsurface exploration; however, storage beyond that date is not guaranteed.
2) All reasonable efforts will be made not to damage any existing underground utilities, sprinklers, slabs,
asphalt, landscaping, and etc. However, PBS will not be responsible for the costs of repairs associated
with any damage to such improvements.
3) The attached budget assumes a level of effort based on our current knowledge of the project.
4) Project drawings meeting requirements for submittals will be provided by MacKay + Sposito. PBS will
prepare site vicinity and other maps that do not include design information.
5) The subcontract work will be coordinated as much as possible with work accomplished for the Road 68
Project.
6) Construction phase services are not included in our proposed scope of work.
SCHEDULE
The pavement reconnaissance can be schedule immediately upon receiving written authorization to proceed.
Pavement coring /drilling can likely begin within two to three weeks of receiving authorization, depending on the
availability of the subcontractors. PBS will work with you to develop a delivery schedule for the report. Pertinent
information will be given to you or your consultants informally, as it is developed, so that planning and design can
proceed on a timely basis.
APPROVAL
Please indicate acceptance of this proposal by returning a signed copy of this Agreement or a purchase order
incorporating the Terms and Conditions of this Agreement.
PBS appreciates this opportunity to submit our proposal to you and look forward to your favorable consideration.
If you have any questions or wish to further discuss the scope of work or compensation, please contact me at
503.248.1939.
Sincerely,
PBS Engineering and Environmental Inc.
Arlan H. Rippe, PE, D.GE
Chief Geotechnical Engineer.
ACCEPTED BY:
Signature
Name (Please Print)
ritle
Attachments: General Terms and Conditions for Professional Services (Rev.03/2012)
2013 Master Hourly Rate Schedule
Date
AGENDA REPORT NO, 14
FOR: City Council March 19, 20t3
TO: Gary Crutchfiel , t anager
FROM: Ahmad Qayou , Public Works Director Workshop Mtg.: 3/25/13
Regular Mtg.: 4/1/13
SUBJECT: Professional Services Agreement — Geotechnical and Environmental Services for
Argent Road Widening
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement with Scope of Services
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/25: Discussion
4/1: MOTION: I move to approve the Professional Services Agreement with PBS
authorizing Geotechnical and Environmental Services with
respect to Argent Road Widening project in the amount of
$53,306, and further, authorize the City Manager to sign the
agreement.
III. FISCAL IMPACT:
Traffic Impact Fees
IV. HISTORY AND FACTS BRIEF:
A) Argent Road is a principal arterial that provides vital east and west connection from 4th
Avenue to Road 100. One section of the corridor (20`x' Ave to Road 44) runs along Port
of Pasco and Columbia Basin College property.
B) In early 2012, the Port of Pasco and Columbia Basin College entered into discussions
regarding the future of Argent Road and the needs of the Port of Pasco, Pasco Airport, the
Fire Department, Columbia Basin College and the City as the area grows and additional
demand is placed onto the corridor.
C) In October 2011, the City entered into an agreement with MacKay Sposito to deliver a
conceptual design development phase for the corridor from 20`x' Ave to Road 44. The
concept development scope included road widening to five lanes to meet the future and
current needs of the area, landscaping, bike lanes and access management.
D) Through a number of interactions and meeting with the Port of Pasco and Columbia
Basin College, a final concept plan was developed.
E) City staff allocated federal funds in the amount of $200,000 for the design of the project.
V. DISCUSSION:
A) PBS was part of the MacKay Sposito team to complete the geotechnical and
environmental process.
B) In effort to reduce the cost of design and to avoid 10 -20% markup as a subconsultant,
staff decided to have a direct professional services agreement with PBS.
C) PBS worked with staff and WSDOT to finalize the scoping and level of effort needed to
complete the geotechnical and environmental portion of this project.
D) Scope of services include Geotechnical and Engineering Pavement Engineering,
Environmental Documentation, and Reporting.
4(9)
a
PROFESSIONAL SERVICES AGREEMENT
Argent Road Widening Project
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City", and PBS, hereinafter referred to as
"Consultant."
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including technical and professional
expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon
which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scone of Services. The Consultant shall perform such services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary
for full performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the "Project ").
2. Term. This Project shall begin on April 1, 2013, and promptly be completed by
December 31, 2014, in accordance with the schedule attached hereto as Exhibit B.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the
performance of such services. 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 Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a prior written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
Professional Services Agreement- 1
3.4 The City shall pay the Consultant for such services as follows:
[ ] Hourly: (Single Rate) $ per hour plus actual expenses
incurred as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
[ ] Hourly: (Multiple Rate). Such rates as identified on Exhibit C, plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $ without the prior written authorization
by the City; or
[ X ] Fixed Sum: A total of $53,306; or
[ ] Other:
for all work performed and expenses incurred under this Agreement.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant's activities. The City
may, at its discretion, conduct an audit at its expense, using its own or outside
auditors, of the Consultant's activities which relate, directly or indirectly, to this
Agreement. Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses,
registration documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may
be necessary to assure proper accounting of all funds paid pursuant to this
Professional Services Agreement- 2
Agreement. These records shall be subject, at all reasonable times, to inspection,
review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine
any of said materials at all reasonable times during this period.
50 Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and
documents made, collected, or prepared by the Consultant for performing the
services subject to this Agreement, as well as any final product, collectively
referred to as "work product ", shall be deemed as the exclusive property of the
City, including copyright as secured thereon. Consultant may not use them except
in connection with the performance of the services under this Agreement or with
the prior written consent of the City. Any prior copyrighted materials owned by
the Consultant and utilized in the performance of the services under this
Agreement, or embedded in with the materials, products and services provided
thereunder, shall remain the property of the Consultant subject to a license
granted to the City for their continued use of the products and services provided
under this Agreement. Any work product used by the Consultant in the
performance of these services which it deems as "confidential ", "proprietary ", or a
"trade secret" shall be conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed 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 Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56
RCW "Public Records Act." All preliminary drafts or notes prepared or gathered
by the Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or its prior public citation by the City in connection with
City action.
6.2 If the Consultant becomes a custodian of public records of the City and request
for such records is received by the City, the Consultant shall respond to the
request by the City for such records within five (5) business days by either
Professional Services Agreement- 3
providing the records, or by identifying in writing the additional time necessary
to provide the records with a description of the reasons why additional time is
needed. Such additional time shall not exceed twenty (20) working days unless
extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the
pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant.
No agent, employee, officer or representative of the Consultant shall be deemed to
be an employee, agent, officer, or representative of the City for any purpose, and
the employees of the Consultant are not entitled to any of the benefits or
privileges the City provides for its employees. The Consultant will be solely and
entirely responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the City's
sole discretion, may be detrimental to the City's interest.
8. Indemnification.
Professional Services Agreement- 4
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Consultant, and the City, its officers, employees, agents and
volunteers, the Consultant's liability and obligation to defend hereunder shall only
be the proportionate extent of the Consultant's negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
8.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
90 Insurance. The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, employees, or subcontractors.
9.1 Minimum Scone of Insurance. Consultant shall obtain insurance of the types
described below:
9.1.1 Automobile Liability insurance covering all owned, non - owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
Professional Services Agreement- 5
9.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work
performed for the City.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no
less than:
[ ] $1,000,000 each occurrence;
[ ] $2,000,000 general aggregate; or
[ ] $ each occurrence; and $ general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
[ ] $1,000,000 per claim;
[ ] $1,000,000 policy aggregate limit; or
[ ] $ per claim; and $ per policy aggregate limit.
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
9.3.1 The Consultant's insurance coverage shall be primary insurance as
respects the City. Any insurance, self - insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
Professional Services Agreement- 6
9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than A: VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Consultant before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance
under this Agreement or any portions of this Agreement without the prior written
consent of the City, which consent must be sought at least thirty (30) days prior to
the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local,
State and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement,
must have prior written approval by the City
Professional Services Agreement- 7
13. Termination,
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) calendar days written
notice in the advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions
of this Agreement and fails to correct such noncompliance within five (5)
calendar days of written notice thereof, the City may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
Consultant setting forth the manner in which the Consultant is in default. The
Consultant will only be paid for services for complying with the terns of this
Agreement.
14, General Provisions,
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City:
14.3.2 For the Consultant:
15, Dispute Resolution,
Ahmad Qayoumi
Public Works Director, or his designee
525 North 3rd
Pasco WA 99301
gayoumia @pasco - wa.gov
Dana Ertel
Project Manager
320 N. Johnson Street, Suite 700
Kennewick, WA 99336
Dana.ertel @pbsenv.com
15.1 This
Agreement has been
and
shall
be construed as
having
been made and entered
into
and delivered within
the
State
of Washington,
and it
is agreed by each party
Professional Services Agreement- 8
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the
dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against
the other.
16. Nonwaiver. 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
similar event or other provision of this Agreement.
17, Integration. This Agreement between the parties consist in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF PASCO, WASHINGTON CONSULTANT
By:
525 North 3rd
Pasco WA 99301
(509)
E -Mail
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Professional Services Agreement- 9
By:
EXHIBIT A
Engineering +
Pc Environmental
J Est. 1982
March 7, 2013
City of Pasco Public Works Department
Attention: Mr. Ahmad Qayoumi, PE
PO Box 293
525 N. Td Avenue
Pasco, Washington 99301
Via Email: gayoumia @pasco - wa.gov
RE: Proposal for Geotechnical Engineerinq� and Environmental Documentation Services
Argent Road Widening from North 20' Ave to Road 40
PBS Project No. PR73052.000
Dear Mr. Qayoumi:
PBS Engineering and Environmental Inc. (PBS) is pleased to submit this proposal (PBS Proposal) for
geotechnical and pavement engineering and NEPA Documentation Services for approximately 7,050 linear feet of
improvements to Argent Road from North 20" Avenue to the Road 40 intersection in Pasco, Washington. The
following scope of services and compensation are based on our understanding of the project, the proposed use,
existing site conditions, and schedule for completing the project.
PROJECT UNDERSTANDING
PBS understands that the proposed project includes the widening of Argent Road and associated landscape
improvements. The project location will include the portion of Argent Road that extends from North 20th Avenue
on the east to the intersection with Road 40 on the west. The City of Pasco Critical Areas Map, dated June 2008,
does not show the project area to be within any critical areas.
The project will consist of the following six (6) geotechnical engineering tasks, of which several are optional
1. Conducting three (3) infiltration tests.
2. Conducting an existing pavement survey and drilling of shallow soil borings with SPT testing. This will
also include recommendations for cut and fill slopes. PBS understands that cuts and fills are likely to be
six feet or less.
3. Collecting existing pavement section core samples and analysis (optional).
4. Conducting falling weight deflectometer testing, FWD (optional).
5. Providing a pavement design for the widened lanes (optional).
6. Performing laboratory tests, analyze results, and prepare a report with recommendations.
PBS understands that tasks 3, 4 and 5 may not be required by the City of Pasco.
PBS understands that no foundations, culverts or retaining walls are anticipated for this project. PBS also
understands there are utilities along the north and south sides of the road and a sanitary sewer in the road.
320 N Johnson Street, Suite 700, Kennewick, WA 99336
509.735.2698 Main
866.727.0140 Fax
www.pbsenv.com
Bend I Boise I Coquille I Eugene I Portland I Seattle I Tri- Cities I Vancouver
City of Pasco
Proposal for Geotechnical Engineering and Environmental Documentation Services
Argent Road Widening
March 7, 2013
Page 2 of 6
Some earthwork will be required to widen the travel surface and provide a shoulder section. The use of
underground injection control (UIC) systems for stormwater will also be considered.
Coring of the existing asphalt concrete (AC) pavement and base course can provide existing section thicknesses,
which are useful for comparison to City or county pavement standards. However, additional information will be
required to develop a new pavement design or estimate the remaining life of the existing pavement section. In
addition, we recommend considering utilizing a falling weight deflectometer (FWD) to evaluate the condition of the
existing pavement and subgrade along the alignment. The FWD is an automated device that quantitatively
measures the resilient modulus of the existing pavement components at intervals along the existing roadway. This
permits a better characterization of the existing pavement and subgrade condition for a better determination of
remaining pavement life or appropriate thickness for new pavement overlays. Evaluation of existing pavement life
from visual qualitative assessments generally result in a conservative analysis. The FWD generally reduces
conservatism and uncertainty.
PBS will complete a visual pavement reconnaissance to document the amount, type, and degree of distress of the
existing pavement. We will also core through the existing pavement at four locations to measure the thickness of
pavement section components (i.e. AC, base rock, etc.). The location of our proposed cores should be
determined based on the results of the reconnaissance and the FWD testing, if authorized. In addition to the initial
reconnaissance and coring of the existing pavement section, we recommend up to eight shallow (up to 5 to 7.5
feet in depth) borings be completed along the shoulders of the existing roadways. Standard Penetration Testing
(SPT) completed in the borings would be used to evaluate the consistency of the subgrade for the widening as
well as allow for the collection of bulk samples for use in laboratory stiffness testing for use in the new pavement
design, and to conduct the infiltration testing in selected borings.
In addition, our work will be to provide various services to support compliance with local, state, and federal
environmental regulations governing the project. We have conducted a brief review of the project area and our
scope reflects our current level of knowledge of the project area, including information that was contained in the
Request for Proposals. Based on our current understanding, we believe the required National Environmental
Policy Act (NEPA) documentation will be limited and that the project should qualify for a Documented Categorical
Exclusion (DCE). We understand that the City intends to prepare the State Environmental Policy Act (SEPA)
Checklist. Based on a scoping with WSDOT's local agency environmental lead, discipline reports will be required
for noise and cultural resources and technical memoranda will be required for hazardous materials and
environmental justice. The City will address any issues associated with the golf course. Given the site conditions
and pre- existing roadway, we do not believe other discipline reports will be required. We will coordinate through
the City with the prime consultant MacKay & Sposito and incorporate their design information into our
repo rts /documentation.
SCOPE OF SERVICES
PBS proposes the following scope of services:
Geotechnical and Pavement Engineering
1. Infiltration Testing: Three bore hole infiltration tests will be completed at locations determined by the
civil engineer, generally at locations selected for the borings for the subsurface explorations. Field
exploration and infiltration testing will follow the procedures outlined in the DOE's Eastern Washington
Stormwater Manual and Pasco requirements. PBS anticipates that depths of the tests will range from 5 to
no more than 10 feet in depth. Samples will be collected for Cation Exchange Capacity (CEC) testing by
an outside lab.
2. Pavement Reconnaissance and Subsurface Exploration:
a. Document pavement distress along approximately 7,050 linear feet of Argent Road. Documentation
will include a site sketch noting the location of observed distress, including a table identifying the
extent, type, and severity of pavement distress at each location. This will be done generally following
DOT visual pavement rating guidelines. This includes approximately one half day of field mapping.
The results of the reconnaissance will be used to locate pavement cores in the most appropriate
locations.
City of Pasco
Proposal for Geotechnical Engineering and Environmental Documentation Services
Argent Road Widening
March 7, 2013
Page 3 of 6
b. Complete up to eight borings to depths of up to 5 to 7.5 feet along the shoulder of Argent Road to
evaluate the types and consistency of subgrade soils in support of a new pavement design for
roadway widening. The estimate for subsurface explorations assumes that it will be completed in
combination with explorations for Road 68.
3. Pavement Coring (Optional): Core five locations along Argent Road to document AC thickness, base
course thickness, and subgrade type and consistency. The estimate for pavement coring assumes that it
will be completed in combination with subsurface explorations and infiltration testing.
4. Falling Weight Deflectometer (Optional): A falling weight deflectometer will be used to measure the
resilient modulus values of the existing pavement at intervals of about 100 to 200 feet along both travel
lanes. The interpreted modulus values will be provided in tabular form for statistical analyses and present
in a written report. Traffic control will be required and provided. The estimate for this work assumes that it
will be completed in combination with an evaluation of Road 68.
5. New Pavement Design (Optional): Field and laboratory data will be used to prepare a new pavement
design for Argent Road based on traffic volumes and distributions provided by others.
6. Analysis and Report Preparation:
a. Laboratory Testing: All samples will be returned to our laboratory and classified by the Unified Soil
Classification, Visual - Manual Procedure. Laboratory tests will include:
• Natural moisture contents
• Atterberg Limit testing
• Grain size distribution (grain -size analyses)
• Maximum density (Proctor) test
• California bearing ratio (CBR)
• Cation Exchange Capacity (CEC)
b. Report Preparation: A Geotechnical Engineering Report will be prepared summarizing the results of
our explorations and analyses, including information relating to the following:
• Boring logs
• Laboratory test results
• Design recommendations for new pavements for Argent Road including recommendations for
repair of poor pavements areas (i.e., alligator cracked, cracking, raveling, or potholing) identified
during our reconnaissance
• Opinions concerning the reuse of existing pavement materials
• Infiltration test results and groundwater considerations
Environmental Documentation
The following tasks will be performed in support of environmental compliance, specifically Washington State
Environmental Protection Act (SEPA) and National Environmental Policy Act (NEPA).
1. Project Management/Coordination and Meetings: Manage and coordinate project and sub -
consultants. We will participate in up to two conference calls with City staff to refine scope and address
issues that might arise during the course of the project. We have budgeted two hours each for these
meetings.
2. Baseline Data Collection: PBS will review existing information including, but not limited to, aerial
photography, topographic maps, National Wetland Inventory maps, soil surveys, other on -line data and
information, and any previous studies or reports pertaining to the project. We will also perform field
investigations to verify existing conditions and document proposed project impacts.
3. Environmental Documentation: We will prepare the following documents in support of NEPA and state
regulatory compliance for the project:
City of Pasco
Proposal for Geotechnical Engineering and Environmental Documentation Services
Argent Road Widening
March 7, 2013
Page 4 of 6
a. SEPA Checklist: The City of Pasco will prepare the SEPA Checklist for compliance with the State
Environmental Policy Act. The checklist will identify potential environmental impacts associated with
the project. We will review the SEPA Checklist and provide comments to the City.
b. Environmental Classification Summary (ECS): We will complete the ECS form for review by WSDOT.
c. Hazardous Materials Technical Memorandum: For the purpose of identifying potentially contaminated
media that may affect the progress of this project, and to identify environmental conditions that may
arise due to the progress of this project, PBS will undertake a low -level hazardous materials
environmental assessment of the project site. The hazardous materials technical memorandum will
be prepared in general accordance with the low -level memorandum format outlined in Table 1 of the
following guidance document: "RIGHT SIZE" your Hazardous Material Discipline Report I DRAFT for
WSDOT Haz Mat Specialist Review & Comment, WSDOT -ESO, Hazardous Materials Program.
d. Environmental Justice Memorandum: We will prepare an environmental justice memorandum to
document what effect the project will have on minorities or lower income groups.
e. Noise Study: Michael Minor & Associates, Inc (MM &A) will prepare a technical traffic noise analysis.
Because this project includes the widening of an existing roadway, and therefore adds capacity, this
project is considered a Type 1 project under the FHWA and WSDOT regulations, and consequently
requires a noise analysis. This analysis will follow the New FHWA Rule and the New 2011 Traffic
Noise Policy and Procedures Manual, July 2011, WSDOT.
f. Cultural Resources Survey: Archaeological Services LLC (ASCC) will perform the Section 106
review. The cultural resource study will entail pre -field background research to determine if
archaeological sites and other historic properties have been recorded within, or in the vicinity of, the
proposed project area. The fieldwork will inspect those areas within the approved area of potential
effects (APE) that are likely to experience direct and indirect impacts as part of the proposed project.
The intent of the survey is to identify any cultural resources within the APE, to evaluate them in
regards to their eligibility for listing on the National Register of Historic Places, and assess the
project's effect on them. The report will make one of the following determinations of effect: No Historic
Properties Affected, No Adverse Effect to Historic Properties, or Adverse Effect to Historic Properties.
Reporting: Drafts of all reports and permit materials in electronic format will be submitted to the City of Pasco for
review and comment. Following the receipt of comments, PBS will revise the documents and prepare the final
documentation.
COMPENSATION
PBS proposes to perform the scope of services described above on a time and reimbursable expenses (T &E)
basis. Our estimated fee for the proposed services is apportioned as follows:
Geotechnical and Pavement Engineering
Task 1: Conduct three (3) infiltration tests ...................................................... ............................... $4,300
Task 2: Pavement Reconnaissance & Subsurface Explorations ................... ............................... $6,400
Task 3: Pavement Coring (Optional) .............................................................. ............................... $32900 vt�to
Task 4: Conduct falling weight deflectometer testing ( Optional) .................. ............................... $11,500
Task 5: Provide a pavement design Recommendations for the widened lanes (Optional) .............. $750
Task 6: Analysis and Report Preparation ....................................................... ............................... $4,500
Estimated T &E Total ................ ............................... $31,350
1p;
City of Pasco
Proposal for Geotechnical Engineering and Environmental Documentation Services
Argent Road Widening
March 7, 2013
Page 5 of 6
Environmental Documentation
Task
1:
Project Management/Coordination and Meetings ............................. ...............................
$1,960
Task
2:
Baseline Data Collection .................................................................... ...............................
$2,361
Task3.a:
SEPA Checklist .................................................................................. ...............................
$540
Task
3.b:
Environmental Classification Summary .......................................... ...............................
$4,360
Task
3.c:
Hazardous Materials Technical Memorandum ............................... ...............................
$1,975
Task
3.d:
Environmental Justice Memorandum ............................................. ...............................
$1,095
Task
3.e:
Noise Study (see attached proposal from Michael Minor & Associates) ....................
$157510
Task
3.f:
Cultural Resources Survey (see attached proposal from ASCC) ... ...............................
$5,655
Estimated T &E Total ................ ...............................
$33,456
This fee estimate is based on previous work experience in the site locale. If site conditions are out of the ordinary,
or if accessibility to the site is restricted, additional costs may be incurred. PBS will inform the Client of any such
conditions prior to exceeding the proposed fee estimate.
The indicated fee and the terms under which our services are provided will be in accordance with the attached
General Terms and Conditions for Professional Services (Rev. 3/2012). The Terms and Conditions may not be
changed without the prior written consent of the parties.
This fee assumes any modifications to the scope of services described above, or work following our submission of
the final report (such as review of construction plans and specifications, construction observations, meetings,
etc.), will be considered additional work. Any additional work will be billed at our current hourly rates.
LIMITATIONS AND ASSUMPTIONS
Several assumptions were made in preparing the scope of services and calculating the estimated fee. The
limitations and assumptions are as follows:
1) Soil samples collected during the investigation will be stored for a minimum of 60 days after the
completion of the subsurface exploration; however, storage beyond that date is not guaranteed.
2) All reasonable efforts will be made not to damage any existing underground utilities, sprinklers, slabs,
asphalt, landscaping, and etc. However, PBS will not be responsible for the costs of repairs associated
with any damage to such improvements.
3) The attached budget assumes a level of effort based on our current knowledge of the project.
4) Project drawings meeting requirements for submittals will be provided by the City. PBS will prepare site
vicinity and other maps that do not include design information.
5) The subcontract work will be coordinated as much as possible with work accomplished for the Road 68
Project.
6) One site visit will be required to document environmental site conditions.
7) Conference calls will be held to discuss scoping issues.
8) No wetlands or listed species are present or will be affected by the project.
a. A wetland delineation will not be required.
b. Plant and wildlife surveys will not be required.
9) A No -Effect Letter or other documentation to address listed species will not be required.
10) No significant sources of hazard materials are present in the project area that would require the need for
a full discipline report.
City of Pasco
Proposal for Geotechnical Engineering and Environmental Documentation Services
Argent Road Widening
March 7, 2013
Page 6 of 6
11) The project will result in no effect on minorities or low- income groups, so a full discipline report is not
required.
12) Construction -phase services are not included in our proposed scope of work.
SCHEDULE
The pavement reconnaissance can be schedule immediately upon receiving written authorization to proceed.
Pavement coring /drilling can likely begin within two to three weeks of receiving authorization, depending on the
availability of the subcontractors. PBS will work with you to develop a delivery schedule for the report. Pertinent
information will be given to you or your consultants informally, as it is developed, so that planning and design can
proceed on a timely basis.
APPROVAL
Please indicate acceptance of this proposal by returning a signed copy of this Agreement or a purchase order
incorporating the Terms and Conditions of this Agreement.
PBS appreciates this opportunity to submit our proposal to you and look forward to your favorable consideration.
If you have any questions or wish to further discuss the scope of work or compensation, please contact us at
503.248.1939.
Sincerely,
PBS Engineering and Environmental Inc.
/'- 76
Arlan H. Rippe, PE, D.GE
Chief Geotechnical Engineer
Gary SStensland, CPESC
Principal, Natural Resources
ACCEPTED BY:
Signature
Name (Please Print)
Title Date
Attachments: General Terms and Conditions for Professional Services (Rev.03 /2012)
2013 Master Hourly Rate Schedule
Engineering +
PB C Environmental
GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES
These General Terms and Conditions for Professional Services ( "Terms and Conditions") are attached to and made part of the letter
proposal from PBS Engineering and Environmental Inc.(PBS) outlining PBS' specific scope of services ( "PBS Proposal "). Hereafter the
PBS Proposal once signed by both PBS and Client (together the "Parties ") and these Terms and Conditions shall be read and
interpreted together and referred to together as the "Agreement" between the Parties. If there are any inconsistencies between
language in the PBS Proposal and in these Terms and Conditions, the language of these Terms and Conditions shall prevail.
The purpose of these Terms and Conditions is to identify basic contractual obligations of PBS and Client under the Agreement for
various professional consulting services, whereby PBS would be acting in the role of Consultant/Owner Representative for Client.
Individual projects may require additional detailed descriptions of services and associated Terms and Conditions, to be provided in a
subsequent PBS Proposal or as a supplement to the Agreement.
1. RIGHT OF ENTRY: Unless otherwise agreed, the Client will furnish PBS right -of -entry on real property and be responsible for the
propriety of the time, place, and manner of PBS' entry upon the real property and any buildings or structures where PBS is to
perform its services ( "Property "). PBS will take reasonable precautions to minimize damage to the Property from use of equipment,
but PBS has not included in the fee the cost of restoration of the Property, unless specifically included in the Proposal. If the Client
desires PBS to restore the Property to its approximate former condition, PBS will accomplish this and add the cost plus 15 percent
to its fee.
2. BURIED UTILITIES: PBS field personnel are trained to initiate field testing, drilling and /or sampling within a reasonable distance of
each designated utility location. PBS field personnel will avoid hazards or utilities that are observed by them at the site. If PBS is
advised in writing of the presence or potential presence of underground or aboveground obstructions, such as utilities, PBS will
give special instructions to its field personnel. PBS is not responsible for any damage or loss due to undisclosed or unknown
surface or subsurface conditions owned by client or third parties. The Client will hold PBS and PBS' subcontractors harmless from
any loss resulting from inaccuracy of markings, of plans, or lack of plans, relating to the location of utilities. Note: Utility locates
typically require two full working days advance notice.
3. WORKER'S COMPENSATION INSURANCE AND LIABILITY INSURANCE: PBS will provide Worker's Compensation insurance
(and /or Employer's Liability insurance) as required by state statutes. PBS carries Comprehensive General Liability insurance
which, subject to its terms and limits, may provide protection against liability relating to bodily injury or property damage arising out
of PBS operations. PBS makes no representations or warranties concerning the effect, applicability or scope of such insurance.
Upon request in writing by Client to PBS, PBS will request its insurer to name Client as an additional insured on such policies and
to issue certificates to Client to that effect. PBS makes no representations or warranties regarding any act by its insurer(s) and
shall not be responsible for performing any act with respect to such insurance not specifically called for by this paragraph.
4. PROFESSIONAL LIABILITY AND LIMITATION THEREOF: This paragraph relates only to Professional Liability and not General
Liability. In performing its professional services, PBS will use that standard of care and skill ordinarily recognized under similar
circumstances by members of its profession in the state and region at the time the services are performed. No other warranty,
either expressed or implied, is made in connection with its rendering of professional services.
5. CONTRACTED WORK: PBS, including its subconsultants and subcontractors, is retained hereunder for the limited purpose of
performing certain services, providing the results of such work to Client, and making recommendations with respect to the data
produced by the work. PBS is not responsible for the health and safety of Client's personnel or other persons present on the
Property to be investigated or constructed. PBS is not responsible (a) for the overall status of Client's project, (b) for the property
Client owns or leases or may be interested in purchasing or leasing, (c) for the interpretation of the PBS report, design drawings or
results by others, (d) for any use of PBS reports by Client or others except as specifically set forth herein, or (e) for any other
matter not encompassed in the specific scope of work in this Agreement agreed to by PBS and Client. Any unauthorized use or
distribution of PBS' work shall be at the Client and recipient's sole risk. If Client desires to release, or for PBS to provide, PBS'
report(s) to a third party not a party to this Agreement for that party's reliance, PBS will agree to such a release provided PBS
receives written acceptance from such third party to be bound by terms and conditions similar to those set forth in this Agreement,
in addition to a fee for providing PBS reports to a new party. The Client shall indemnify, defend and hold harmless PBS and its
subconsultants and subcontractors from any claims, damages, costs, losses and expenses, including but not limited to attorney
fees and costs of arbitrations, mediations, trials, or appeals arising out of unauthorized or third party use of PBS' reports.
6. RETENTION OF RECORDS AND SAMPLES: PBS has a Records Retention policy (available upon request). All samples will be
discarded 30 days after submission of PBS' final report unless other arrangements are made.
7. PAYMENTS TO CONSULTANT: Invoices will be submitted periodically for prior services. An account will become delinquent 30
days after date of billing. It is agreed that a late charge will be added to delinquent accounts at the rate of one - and - one -half percent
(1- 112°/) for each thirty days delinquent (provided the rate of such late charge shall not exceed the maximum allowable by the laws
of the state in which the PBS office submitting the invoice is located).
L: \Contracting \Client Agreement \2. Master Client Agreements, Terms & Conditions \TermsandCondifiensIMaster 032712
Rev. 02012
Page 1
Engineering +
PBSEnvironmental
8. RATE SCHEDULE: Fees for services are based on the number of hours expended on the project, including travel, by PBS
personnel plus any reimbursable expenses. PBS' hourly rates will be billed as stated in its proposal or at its current hourly rates
(available upon request). Invoices will include sales tax when required.
9. REIMBURSABLE EXPENSES:
A. Outside Services. Subcontracted services such as those subconsultants and subcontractors, labor, and technical services will
be invoiced at cost plus 15 percent. Examples of services that may be subcontracted include other professional disciplines,
soil boring, well installation, heavy and specialty equipment operators, geophysical surveys, commercial data base search
providers, and computer programming.
B. Supplies and Equipment. Charges for items not ordinarily furnished by PBS such as expendable equipment, rental equipment,
subsistence, travel expenses, tolls, special fees, reproduction, permits, licenses, priority mail fees, and long distance and
wireless telephone calls will be invoiced at cost plus 10 %. Certain PBS -owned equipment (for sampling, testing, personal
protective equipment, vehicle mileage, photocopying, etc.) may be required to complete the project. These will be invoiced at
PBS' standard rates without markup (rates available upon request).
C. Laboratory. PBS utilizes both in -house and outside laboratories for sample analysis. PBS maintains a list of standard rates for
sample analyses commonly utilized in conjunction with PBS' services (available upon request).
10. OTHER PROVISIONS: Neither party shall hold the other responsible for delay in performance caused by acts of God, strikes,
lockouts, weather, accidents or other events beyond the control of the other or the other's employees and agents. Waiver by one
party of any provision, term, condition or covenant owed to it by the other party is to be made only by providing written notice to the
other party and such waiver shall not be construed by the first party as a waiver of a subsequent breach of the same provision,
term, condition or covenant by the other party. This Agreement supersedes any contract language which may be issued by Client
as a matter of standard purchasing protocol without regard to the unique nature of professional services to be rendered by PBS.
An opinion of construction, remediation and restoration costs prepared by PBS represents its judgment as a professional. Since
PBS has no control over the cost of labor and material, or over competitive bidding or market conditions, PBS does not guarantee
the accuracy of its opinion as compared to contractor bids of actual cost to the Client.
It is understood and agreed by both parties that PBS, in performing professional services for the Client with respect to hazardous
or microbial substances, will make recommendations to the Client but does not have the authority or responsibility to decide where
disposal or treatment of such substances takes place, nor to designate how or by whom the hazardous or microbial substances are
to be transported for disposal or treatment. It is understood that PBS is not the generator or site operator and does not own nor is it
the arranger for disposal of the hazardous waste or other materials discovered, handled or removed from the Property. To the
extent required by law, Client agrees to provide timely disclosure to appropriate public agencies of any information regarding the
Property (obtained from PBS or from other sources) where such disclosure may be necessary to prevent damage to human health,
safety, or the environment.
Client agrees that PBS and its subconsultants and subcontractors are not responsible for the creation of the condition(s) PBS is
being asked to investigate and that it would be unfair for PBS to be exposed to claims of injury or damage as a result of the
conditions. In addition, Client understands that it is possible that exploration and investigation may fail to reveal the presence,
location or source of the condition(s) being investigated even when the condition(s) is assumed or expected to exist. Client
understands that PBS' failure to discover and /or locate the condition(s) or the spread of the condition(s) through appropriate
techniques does not guarantee that the condition(s) does or does not exist. Client agrees that it would be unfair to hold PBS liable
for creating the condition(s) or the spread of the condition(s) providing PBS meets a reasonable standard of care in completing the
work set out in the PBS Proposal.
Accordingly, Client waives any claims against PBS and its subconsultants and subcontractors, and agrees to defend, indemnify
and hold harmless PBS and its subconsultants and subcontractors from any and all claims or liability for injury to person or
property or loss arising from the creation of the condition(s) or the unintentional exacerbation of the condition(s) by PBS, the
exacerbation of hazardous conditions by others, the discovery of any condition, location of any condition and /or allowing any
condition to exist. Client also agrees to fairly compensate PBS and its subconsultants and subcontractors for any time spent and
expenses incurred in the defense of any such claim. Notwithstanding any provisions in the Agreement to the contrary, PBS' liability
for all acts and omissions related to its provision of services to Client under the terms of this Agreement shall be limited to the
amount of PBS' insurance and in no circumstances shall such liability of PBS include special or consequential damages.
PBS does not provide legal opinions, and recommends client seek legal counsel for advice on issues such as the appropriateness
of a particular scope of work to minimize legal liability, reportability of a condition to a public agency, potential cost recovery from
responsible parties, and to assess the value of maintaining attorney /client privilege for work conducted under this Agreement.
In the event there is a dispute between PBS and the Client concerning the performance of any provision in this Agreement, the
losing party shall pay the prevailing party reasonable attorney's fees and costs in mediation, arbitration, trial or appeal. In addition,
Client agrees to pay PBS for all employee time, costs, and witness costs incurred for collection activity. This
Agreement can be terminated at any time by either party. If terminated prior to the completion of a scope of work,
PBS shall be entitled to its portion of fees for any work performed in accordance with its current rate schedule.
LAC ntractmg \Chem Agree ment \2. Ma Sterciient Agreements, Terms & coMMons\TermsandcondreonsIMzater o3nlz page p
Rev.032012 rl 10
Engineering +
PB C Environmental
2013 MASTER HOURLY RATE SCHEDULE
Our compensation
will be determined
on the basis of time
and expenses in accordance with the following
schedule unless a
lump sum amount
is so indicated in the
proposal or services agreement. Current rates are:
PROFESSIONAL TECHNICAL STAFF
Field Technician
70.00
Staff Engineer
105.00
Industrial Hygienist/Monitor
75.00
Trainer /Safety Specialist
105.00
Sr. Field Technician
80.00
Project Engineer .
115.00
Staff Scientist/Planner
80.00
Sr. Environmental Compliance Monitor
115.00
Industrial Hygienist/AHERA Inspector
85.00
Sr. Project Manager - Health & Safety
115.00
Staff Geologist
85.00
Sr. GeologisUHydrogeologist 1
120.00
Cultural Resource Specialist
85.00
Sr. GeologisUHydrogeologist 11
130.00
Project Scientist/Planner
90.00
Sr. Permit/Regulatory Specialist
130.00
Engineering Designer
90.00
Sr. Industrial Hygienist/Scientist/Planner
135.00
Project GeologisUHydrogeologist
95.00
Sr. Engineering Geologist
140.00
Permit/Regulatory Specialist
100.00
Sr. Engineer /Project Manager 1
140.00
Project Manager - Health & Safety
100.00
Sr. Engineer /Project Manager II
160.00
Project Environmental Compliance Monitor
105.00
Principal Scientist/Geologist /Hydrogeologist
170.00
Engineering Geologist
105.00
Principal /Chief Engineer
190.00
TECHNICAL SUPPORT LABOR RATES
Clerical
60.00
Writer /Editor
80.00
CAD /MicroStation Design
85.00
Project Administrator
85.00
Graphic Artist
95.00
IT /Database Management
105.00
GIS Analyst
110.00
Public Involvement
115.00
Personnel will charge time exceeding eight hours per day and weekends at 125% of the regular hourly rate.
Court and arbitration time will be charged at two times the above rate.
M4
L1Contracting \Client Agreements\2. Master Client Agreements.Terms & Condifions\2013 LaborRates.xisx Rev. 1/2013
Michael Minor & Associates
M Sound .Vibration . Air
4923 SE 36th Avenue
Portland, Oregon 97202
503.220.0495 — fax 866.847.0495
Project Noise Analysis Scope and Budget
Argent Road Widening Project (Road 40 to N 20th Avenue), Pasco, Washington
Michael Minor & Associates, Inc (MM &A) shall prepare a technical traffic noise analysis for the
widening and improvements of Argent Road from Road 40 to N 20th Avenue. Because this includes the
widening of an existing roadway, and therefore adds capacity, this project is considered a Type 1 project
under the FHWA and WSDOT regulations, and consequently requires a noise analysis. This analysis will
follow the New FHWA Rule and the New 2011 Traffic Noise Policy and Procedures Manual, July 2011,
WSDOT.
General Project Description:
The proposed project is to widen Argent Road from Road 40 to N20th Avenue. The widening will include
the standard safety improvements, two lanes in each direction turning lanes, and sidewalks.
Project Scope
MM &A shall visit the project area to identify noise sensitive properties, perform noise monitoring, take
traffic counts and note physical and terrain features that affect noise propagation. Noise measurements
will be taken at three to four (3 -4) locations along Argent Road. All noise monitoring will be performed
during daytime hours when traffic is moving freely. At each measurement site, traffic counts will be
conducted concurrently with the noise measurements and detailed photos will be taken. Traffic volumes
that are counted during the noise measurement survey will be input in to the FHWA Traffic Noise Model
(TNM) and the resulting modeled sound levels will be compared with the measured sound levels to reach
close agreement and arrive at a validated traffic noise model. The validated TNM model will be used to
predict the existing peak hour traffic noise levels.
The future year traffic noise levels with and without the proposed project will also be predicted using
TNM. The validated TNM model will be updated with the new roadway configurations and traffic data
from project traffic engineers. The model will be run for future No -Build and future Build conditions.
Noise levels for the existing, future No -Build and future Build will be tabulated and summarized for ease
of understanding.
Impacts under the future Build condition will be identified based on the WSDOT Policy, 2011. If impacts
are identified under the build alternative, noise abatement measures will be considered.
Noise abatement measures considered will be evaluated using the requirements for reasonable and
feasible noise abatement as provided in the WSDOT Policy, 2011. The analysis shall provide location,
length, height, profile, estimated cost and number of benefiting noise sensitive properties for any
proposed noise abatement measures. Noise abatement measures that meet the WSDOT requirements will
be recommended for inclusion with the project construction.
Construction activities that may cause annoyance at nearby noise sensitive land uses will be qualitatively
assessed. Local laws applying to construction noise will be included and summarized in the report.
_ Michael Minor & Associates
e5o Sound. Vibration. Air
923 SE 36 h Avenue
Portland, Oregon 97202
503.220.0495 — fax 866,647.0495
Assumptions:
The following information will be supplied by the Project Team
Existing and future traffic volumes for no -build and build alternatives shall be provided by project traffic
engineers, to include:
1. Existing: Existing conditions traffic volumes for the AM and PM peak hours are required for
the noise study. Data must include full turning movements at all intersections provided below
along with the percentage of vehicle types broken down by number of axels or by passenger
vehicle, medium trucks and heavy trucks. Data is needed for the following
roadways/highways:
• I -182: East bound and west bound main line traffic and exit and entrance ramps from
I -182 to Highway 395
• Argent Road: East bound and west bound traffic between Road 40 and N 20th
Avenue
• N 20th Avenue.: Northbound and south bound traffic on N 20th Avenue at Argent
Road.
2. No- Build: Same as above for the No -Build condition
3. Build: Same as above for Build condition
Detailed design drawings in AutoCAD or Microstation, to include:
1. Existing condition plan and profile for all project roadways listed above, and
2. Future Build plan and profile for all project roadways listed above, and
3. Detailed aerial photographs referenced into the CAD drawings, and
4. Topographical conditions (spot elevations and/or 5 foot contours) within 500 feet of all
roadways listed above
5. Plans and profiles for any new or changed retaining walls, surface contours changes, property
takes, or other changes in the existing roadway, structural or ground configurations that could
have an effect on the transmission of noise.
Deliverables:
Noise Technical Report: The contractor shall prepare a noise technical report summarizing the finding of
the noise study. The contents will include land use, existing noise, methodology, impacts, and
recommended mitigation. The noise report will follow the W SDOT format for a noise technical analysis.
Construction noise impacts will be discussed. The report will include maps of existing and proposed
alignments on a vicinity scale map. Impacts, monitoring locations and noise sensitive receivers will be
shown on area maps at an appropriate scale. Tables will be prepared to aid in the understanding of project
impacts and mitigation. The report shall also include the following:
• Noise Model Data files (electronic version)
Record of field measurements and traffic counts
Budget:
The budget to produce the noise technical report and respond to client and agency comments is
$13,200.00. A breakdown by task with hours and rates is attached.
Note: The budget assumes that the field work for the Argent Road Project will be performed
concurrently with the fled work for the Road 68 Project Therefore, travel and equipment charges are
not included in this budget If the Road 68 project is not included, or the monitoring is performed
separately, there would be an added cost of approximately $2,310.00.
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VER VVA 98661 (360) 26(
EMAIL asccalex @msn.com
PROPOSAL: Cultural Resources Survey of the Argent Road Widening
Project Area, Franklin, County, WA.
Submitted to:
Gary Stensland, CPESC, PBS Engineering +Environmental
3/5/13
Archaeological Services of Clark County (ASCC) is a locally owned company based in
Vancouver, Washington that is well qualified to provide a broad range of cultural resources
services, including archaeological surveys, literature searches and records reviews, formal site
testing studies, data recovery excavations, laboratory analysis and report writing. Personnel
are experienced in the identification, recording, and evaluation of archaeological, historical and
traditional cultural property sites and in the planning and implementation of various treatment
options. ASCC has been assisting clients in navigating local, state and federal requirements as
they pertain to cultural resources since 1996.
ASCC is expert in identifying and investigating archaeological sites in all settings, including
forested, non - forested, urban and aquatic lands, as mandated by federal, state, county, and city
statutes, regulations, and ordinances. ASCC offers the following cultural resource services:
- Cultural Resource Literature Review
- Cultural Resource Database Review
- Historical Map Review and Interpretation
- Tribal Consultations and Coordination
- Oral Histories
- Archaeological and Cultural Resource Surveys
- Site Testing, Evaluation Studies, and Data Recovery
- Archaeological Monitoring
- Historic Property Evaluation and Protection Plans
- Laboratory Analysis
- Report Preparation
PROJECT TEAM
ASCC Full -time Personnel
Alexander Gall, M.A., Senior Archaeologist/Owner
Timothy Askin, M.S., Architectural Historian
Dana Holschuh, M.A. (pending), Project Manager
Michael Smith, B.A., Archaeological Technician and Graphics Specialist
Additional On -call Personnel (Specialists)
Susan Colby, Ph.D., Faunal Analysis
Stephen Hamilton, M.A., Lithic Analysis
Keith Garnett, Cartographer
ERVCCES OF C
IVER WA 96661 (MO) 26(
EViAIL asccalex @msn.com
Five Year Experience Profile (Small Sample of Selected Projects)
Principal
Project Title
Project Type
Investigator
Project
Client Address
Dates
Field Supervisor
Echanis Windfann and
Section 106 Survey and
Alexander Gall, M.A.
Columbia Energy Partners
North Steens Transmission Line,
NEPA documentation
Michael Smith
9108 -1 /I1
317 Columbia St, Vatic.
Hamey Co., OR
OVA
Gifford Pinchot Task
Cave/Bear Watershed Restoration,
Section 106 Survey
Alexander Gall, M.A.
Force
Gifford Pinchot National Forest
Michael Smith
7/11 -9 /1I
917 Oak St, Ste.410,
Portland, OR 97205
Teleconu mication Facility
Section 106 Surveys
Alexander Gall, M.A
9 /09- Present
Adapt Engineering Inc.
Surveys in Washington and Oregon
Dana Holschuh
10725 SW Barbra Blvd.,
Ste. 200
Portland, OR 97219
Klikkat County Sheriff
49 Long Road Survey,
EO 05 -05 Survey
Alexander Gall, M.A.
2/10 -3/10
Department
Wahkiacus, WA
Clark County Dept. of
Chelatchie Railroad Survey and
Section 106 Survey
Alexander Gall, M.A.
Environmental Svcs.
Historic Property Inventory, Clark
Inventoried 18 Historic
8/09 - 11/09
PO Box 9810, Vanc., WA
Co., WA
Structures
98666
Washington State
Department of Fish and
Crocker/WDFW Property
Phase l Survey
Alexander Gall, M.A.
Wildlife
Survey
2109 -3/09
600 Capitol Way N., MS
43200, Olympia, WA
98501 -1091
Hermiston Waste Water
Section 106 Survey
Alexander Gall, M.A.
8/07 -9/07
Kennedy Jenks
Treatment Plant Survey Umatilla
200 SW Market St.,
Co, OR
Suite 500, Portland,
OR 97201
W ishram Fiber Optic Survey
Cultural Resources Survey
Alexander Gall, M.A.
EMBARQ
in Columbia Gorge NSA
3/09 -4/09
903 Wasco St, Hood River,
OR 97301
Cell Tower Site Cultural Resource
Section 106 Surveys
Alexander Gall, M.A.
EBI Consulting
Surveys in Oregon, Washington,
6 /06- present
21 B Street, Burlington, MA
Montana
01803
Berglund, Schmidt, &
Dexter By The Sea Water System
Section 106 Survey
Alexander Gall, M.A.
Associates, Inc.
Survey, Pacific Co., WA
10/09 -11/09
2323 Bay Avenue,
Hoquiam, WA 98550
Mill Creek Cultural Resources
Section 106 Survey
Alexander Gall, M.A.
Principal Properties, LLC
Survey, Clark Co. WA
and Historic Property
8/08 -9108
PO Box 87335, Vancouver,
Inventory
WA 98687
Wide range of projects
Clark County Dept. of
Clark County Dept of
from surveys
Alexander Gall, M.A.
Environmental Svcs.
Environmental Services on -call
and inventories to
1 /09- present
PO Box 9810, Vatic., WA
contract
evaluations (more than 25
98666
coon leted to date)
A.RCHAEOLOGiGAL SERVICES OF CLARK COUNIT't'
2464 NE Stapleton Rd. Ste 3 VANCOUVER. WA 98661 (360) 260 -8614 FAX (360) 260 -01
EMAIL: asccalex @msn.com
PROJECT APPROACH AND UNDERSTANDING
Archaeological Services LLC (ASCC) will be responsible for carrying out a cultural resources
survey of the proposed Argent Road Widening project area, located in Franklin County,
Washington within portions of Sections 23 and 24 of T. 9N, R. 29E, W.M. The project calls for
the widening of Argent Road between Road 40 on the west and N 20th Ave. on the east, a
distance of approximately 1.3 miles. The extant plans call for the widening of Argent Road from
three lanes to five lanes, including a bike lane, and a new signal at Road 36 intersection. The
area of potential effects (APE) is approximately 7,220 linear feet (2,140 meters) with the
estimated right -of -way measuring 100 feet in width (33 meters) for a total of 16.5 acres.
Based upon ASCC's understanding of the project, the Washington State Department of
Transportation ( WSDOT) will act as lead reviewing agency for the environmental review process
associated with this project. Based on communications with the project applicant, the
proposed project is subject to WSDOT's Local Programs Environmental Classification Summary.
The process for this is outlined in a recent guide published by WSDOT. For cultural resources
studies, the process is guided by Section 106 of the National Historic Preservation Act. Section
106 is a process of consultation between the lead agency, the Washington Department of
Historic Preservation (DAHP) and other interested parties, including the Native American Tribes.
The first step in identifying the project's scope is to establish the project's area of potential
effects. This includes the project footprint, including temporary staging and material storage
areas and any other areas likely to experience direct ground disturbance as well as adjacent
properties that may experience indirect effects as a result of the proposed project. Once the
APE has been approved by WSDOT and DAHP, a cultural resources study is required. ASCC
assumes the APE will have been reviewed and approved prior to commencing any study.
ASCC's cultural resource study will entail pre -field background research to determine if
archaeological sites and other historic properties have been recorded within, or in the vicinity
of, the proposed project area. The fieldwork will inspect those areas within the approved APE
that are likely to experience direct and indirect impacts as part of the proposed project.
The field investigation will employ standard archaeological methodology for a pedestrian
survey. Two archaeologists will walk the entire APE in parallel transects spaced no more than
10 meters apart. If historic properties, defined as meeting the minimum age requirement of 50
years or older, are encountered, ASCC will record the finds using digital photography, record
the location of the finds using hand -held GPS units, and complete the appropriate form to
record each resource. Subsurface investigation will entail the excavation of shovel test probes
within the APE, with all excavated sediments processed through 1/8 -inch screen to recover
artifacts. If deemed necessary, ASCC will dispatch its architectural historian to survey any
structures within the APE that meet the minimum age of 50 years. The intent of the survey is to
identify any cultural resources within the APE, to evaluate them in regards to their eligibility for
listing on the National Register of Historic Places, and assess the project's effect on them. The
report will make one of the following determinations of effect: No Historic Properties Affected,
No Adverse Effect to Historic Properties, or Adverse Effect to Historic Properties.
SERVICES CAE CLARK COUNTY L
Z462; NE Stapleton Rd. hie. 3 VANCOUVER WA. 98661 (360) 260 -8614 FAX (360) 260 -0129
EMAIL: asccalex @msacom
Estimated Costs Breakdowns Cultural Resources Survey of the
Argent Road Widening Project Area, Franklin, County, WA.
Submitted to:
Gary Stensland, CPESC, PBS Engineering +Environmental
3/5/13
Task
Personnel
Estimated
Hours
Billing Rate
Billable Amount
Literature Review and Consultation at DAHP
Principle Investigator
6
$66.00
$396.00
Tribal and Agency Consultation
Principle Investigator
2
$66.00
$132.00
Phase I Cultural Resource Surveys of the
Archaeologist
36
$44.00
$1,584.00
Argent Road Widening APE ( -16.5 acres)
Principal Investigator
12
$61.60
$739.20
Report Preparation (Draft)
Technical Writer
32
$44.00
$1,408.00
Report Preparation Final
Principle Investigator
6
$66.00
$396.00
Total
Estimated
Total Hours
94
Cost
$4,655.20
Additional Costs if required) Unit Cost Cost
Washington Archaeological Site Farm $300.00 $300.00
Washington Historic Property Inventory
Form $300.00 $300.00
Additional Expenses if required)
Unit Cost
Units
Cost
Hotel
$100.00
3
$300.00
Mileage
$0.50 1mile
1000
$550.00
Food per dlem
$50.00
3
$150.00
Expenses
$1,000.00
TOTAL ESTIMATED COST: $5,655.20
El
AGENDA REPORT No. 8
FOR: City Council (1 March 18, 2013
TO: Gary Crutchfield I Hager
Ahmad Qayoumi li orks Director
FROM: Michael A. PawlW PE, City Engineer Workshop Mtg.: 03/25/13
Regular Mtg.: 04/01/13
SUBJECT: Professional Services Agreement: Commercial/Kahlotus Sewer Lift Station
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement with Scope of Work
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/25: Discussion
4/1: MOTION: I move to approve the Professional Services Agreement with
CH2MHILL, Inc. authorizing professional engineering services with
respect to the Commercial and Kahlotus Highway Lift Station, not to
exceed $54,386 and further, authorize the City Manager to sign the
agreement.
III. FISCAL IMPACT:
Sewer Fund
IV, HISTORY AND FACTS BRIEF:
A) The City's Comprehensive Sewer Plan includes the UGA north and east of SR12,
principally an industrial area. The sewer system presently ends at SR12, but a crossing
is in place to accommodate the extension east of SR12. Due to topography and existing
sewer elevations, a lift station is required to facilitate sewer services east of SR12.
B) On September 26, 2011, the City was awarded a grant in the amount of $75,000 by the
HAEIFC (Hanford Area Economic Investment Fund Committee) for construction of the
proposed sewer lift station. The proposed lift station will provide sewer services for
approximately 4,000 acres of future industrial developments and food processors east of
US Highway 12. Approximately 2,500 acres will be outside of the current UGA area.
C) The CIP includes this project for 2013 and the funds are available from the 2010 Utility
Revenue Bond.
D) The project was advertised for construction in December 2012; Council awarded the
project to Watts Construction on February 11, 2013.
E) The current project only includes the construction of a sewer lift station. A companion
project will construct 5,300 linear feet of gravity sewer that will be able to serve Freeze
Pak, BPA and a number of other industrial areas.
V. DISCUSSION:
A) The project was designed by CH2MHil1, Inc. under a previous professional services
agreement approved by Council on February 6, 2012.
B) The proposed professional services agreement with CH2MHi11 will provide construction
phase engineering and inspection services for the project and support the efforts of City
staff.
C) Staff recommends approval of this professional services agreement with CH2MHi11, Inc.,
in the amount of $54,386.
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PROFESSIONAL SERVICES AGREEMENT
Commercial Ave /Kahlotus Highway Sanitary Sewer Lift Station
And Southeast Interceptor
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City ", and CH2M Hill Engineers, Inc.,
hereinafter referred to as "Consultant."
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including technical and professional
expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon
which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
11 Scone of Services. The Consultant shall perform such services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary
for full performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the 'Project').
21 Term. This Project shall begin on April 2, 2013, and promptly be completed in
accordance with the construction schedule.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the
performance of such services. 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 Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a prior written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for
work performed under
this Agreement upon
timely submitted
invoices detailing
work performed and
expenses for which
reimbursement is
sought. The City shall approve all invoices before payment is
Professional Services Agreement- 1
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
3.4 The City shall pay the Consultant for such services as follows:
[ ] Hourly: (Single Rate) $ per hour plus actual expenses
incurred as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
[X] Hourly: (Multiple Rate). Such rates as identified on Exhibit C, plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $54,386.00 without the prior written authorization by the
City; or
[ ] Fixed Sum: A total of $ ; or
[ ] Other:
for all work performed and expenses incurred under this Agreement.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant's activities. The City
may, at its discretion, conduct an audit at its expense, using its own or outside
auditors, of the Consultant's activities which relate, directly or indirectly, to this
Agreement. Consultant shall be provided a copy of such reports.
4.3; The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses,
registration documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall
maintain
books, records and
documents, which sufficiently
and
properly reflect
all direct
and indirect costs
related to the performance of
this
Professional Services Agreement- 2
Agreement, and shall maintain such accounting procedures and practices as may
be necessary to assure proper accounting of all funds paid pursuant to this
Agreement. These records shall be subject, at all reasonable times, to inspection,
review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine
any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and
documents made, collected, or prepared by the Consultant for performing the
services subject to this Agreement, as well as any final product, collectively
referred to as "work product ", shall be deemed as the exclusive property of the
City, including copyright as secured thereon. Consultant may not use them except
in connection with the performance of the services under this Agreement or with
the prior written consent of the City. Any prior copyrighted materials owned by
the Consultant and utilized in the performance of the services under this
Agreement, or embedded in with the materials, products and services provided
thereunder, shall remain the property of the Consultant subject to a license
granted to the City for their continued use of the products and services provided
under this Agreement. Any work product used by the Consultant in the
performance of these services which it deems as "confidential ", "proprietary ", or a
"trade secret" shall be conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed 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 Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56
RCW "Public Records Act." All preliminary drafts or notes prepared or gathered
by the Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or its prior public citation by the City in connection with
City action.
Professional Services Agreement- 3
6.2 If the Consultant becomes a custodian of public records of the City and request
for such records is received by the City, the Consultant shall respond to the
request by the City for such records within five (5) business days by either
providing the records, or by identifying in writing the additional time necessary
to provide the records with a description of the reasons why additional time is
needed. Such additional time shall not exceed twenty (20) working days unless
extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the
pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant.
No agent, employee, officer or representative of the Consultant shall be deemed to
be an employee, agent, officer, or representative of the City for any purpose, and
the employees of the Consultant are not entitled to any of the benefits or
privileges the City provides for its employees. The Consultant will be solely and
entirely responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the City's
sole discretion, may be detrimental to the City's interest.
Professional Services Agreement- 4
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Consultant, and the City, its officers, employees, agents and
volunteers, the Consultant's liability and obligation to defend hereunder shall only
be the proportionate extent of the Consultant's negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
8.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
91 Insurance. The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, employees, or subcontractors.
9.1 Minimum Scone of Insurance. Consultant shall obtain insurance of the types
described below:
9.1.1 Automobile Liability insurance covering all owned, non - owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
Professional Services Agreement- 5
9.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work
performed for the City.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. . Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no
less than:
( ] $1,000,000 each occurrence;
[ ] $2,000,000 general aggregate; or
( X] $1,000,000 each occurrence; and $2,000,000 general aggregate.
9.2.3 Professional Liability insurance shall be written with limits no less than:
[ X] $1,000,000 per claim;
[ ] $1,000,000 policy aggregate limit; or
[ ] $ per claim; and $ per policy aggregate limit.
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
9.3.1 The Consultant's insurance coverage shall be primary insurance as
respects the City. Any insurance, self - insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
Professional Services Agreement- 6
9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than A:VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Consultant before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Covenant Against Contineent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontractine.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance
under this Agreement or any portions of this Agreement without the prior written
consent of the City, which consent must be sought at least thirty (30) days prior to
the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local,
State and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement,
must have prior written approval by the City
Professional Services Agreement- 7
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) calendar days written
notice in the advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions
of this Agreement and fails to correct such noncompliance within five (5)
calendar days of written notice thereof, the City may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
Consultant setting forth the manner in which the Consultant is in default. The
Consultant will only be paid for services for complying with the terms of this
Agreement.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e -mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City:
14.3.2 For the Consultant:
15. Dispute Resolution.
Public Works Director, or his designee
525 North 3rd
Pasco WA 99301
gayoumia @pasco - wa.gov
CH2M Hill Engineers, Inc.
Thomas J. Helgesen, P.E.
295 Bradley Blvd., Suite 300
Richland, WA 99352
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington, and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
Professional Services Agreement- 8
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the
dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against
the other.
16. Nonwaiver. 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
similar event or other provision of this Agreement.
17, Integration. This Agreement between the parties consist in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF PASCO, WASHINGTON CONSULTANT
By:
525 North 3rd
Pasco WA 99301
(509)
E -Mail
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Professional Services Agreement- 9
By:
E -Mail
EXHIBIT A: SCOPE OF WORK GIi2MHILL®,
Bidding Assistance and Services- During- Construction for the
Commercial Ave /Kahlotus Highway Sanitary Sewer Lift Station
and Southeast Interceptor
Background
CH21VI HILL ENGINEERS, INC. (CONSULTANT) provided engineering services for the City of Pasco (CITY) for the
design of the Commercial Ave /Kahlotus Highway Sanitary Sewer Lift Station and Southeast Interceptor (PROJECT)
which included:
• Approximately 5,000 If of gravity sanitary sewer, including manholes and appurtenances
• A sanitary sewer lift station sized to receive the flows from the "sewer basin"
• A force main to connect the new lift station to the existing pipes at the Commercial Avenue and US Highway
12 utility crossing
The CITY has requested the CONSULTANT prepare a scope of work for providing Bidding Assistance as well as
Services- During- Construction (SDC) for the PROJECT. In addition, CITY had requested additional work during the
design phase of PROJECT that is included in this scope of work.
General Assumptions and Considerations
Our approach and level of effort is based on the following assumptions and considerations:
1. The CITY will provide daily onsite construction oversight and construction inspection.
2. Assistance with rejecting defective work and claims and disputes by the CONSULTANT is not included.
The following Tasks describe the work to be performed under this Agreement. Changes to the work effort
described shall be mutually agreed to in advance of any work and may result in changes to the schedule or fee
and may require an additional amendment to the Agreement.
Compensation for Services Previously Rendered
1. Front End Bidding Documents: CONSULTANT provided assistance to the City in preparation of Front End
Bidding documents as an element in Volume 1 of the Contract Documents. This work included
compilation and edits to the Invitation for Bids, Information to Bidders, Proposal including the Bid
Proposal, Contract Regulations, Special Provisions, and Amendments. The Level -of- Effort for this task is
detailed below:
Name
Rate
Hours
Bill Amount
HUGHES, DIANE M
$60.00
0.4
$24.00
MURRER, DANIELTHOMAS
$105.60
32.0
$3,379.20
THOMAS, EDWARD 1
$158.72
2.0
$317.44
POSTAGE,
FREIGHT & DELIVERY
$26.41
Total
$3,747.05
2. Design for Connection of Force Main on the South Side of Highway 12: CONSULTANT provided design
drawings and specifications for the extension and connection of the 4 -inch FM on the south side of
Highway 12. The FM in this area was discovered during design to be unconnected to the currently
constructed FM pipeline. The Level of Effort for this task included the following Breakdown:
Name
Rate
I Hours
I Bill Amount
KENDALLJR, DENNIS
$101.47
4.0
$405.88
MURRER, DANIELTHOMAS
1 $105.60
4.0
$422.40
COMMERCIAL AVE /K LOTUS HIGHWAY SANITARY SEWER LIFT STATION AND SOUTHEAST INTERCEPTOR
THOMAS,EDWARDJ
$158.72
2.0
$317.44
operations). These are separate
from scheduled
Total
$1,145.72
Task 1 - Project Management (Amended Fee for Additional Task 7 and 8
Services)
Under this task, the following general project management activities will be provided:
• Prepare, implement, monitor, and update the project work and health and safety plan.
• Conduct project
discussions
with the City's project team
(engineering and
operations). These are separate
from scheduled
design review meetings and will be held
by telephone.
• Prepare and submit invoices to the City on a monthly basis. The invoice will include a brief status report
outlining work accomplished during that invoice period.
Deliverables: Monthly invoices with integrated status updates
Task 7 (Tasks Continued from Original Scope) - Bidding Assistance
Subtask 7.1: Bidding Assistance
CONSULTANT will assist in the bidding process by providing the following services:
• Participate in a pre -bid meeting organized and run by CITY. One CONSULTANT staff will attend.
• Prepare responses to Bidders' questions during the document review period leading up to the submittal
of bids
• Bid Tabulation is assumed to be performed by the CITY
Deliverables: Responses to Bidder questions
Task 8 - Construction Phase Services
CONSULTANT will provide Services during Construction to include review of submittals, clarifications of design
intent, and similar assistance.
Subtask 8.1— Preconstruction Conference
The CONSULTANT's Project Manager and Mechanical Engineer will attend a preconstruction meeting at the CITY's
office with the Contractor and CITY as well as a visit to the PROJECT site prior to the commencement of
construction.
Subtask 8.2— Construction Progress Meetings
The CONSULTANT's Project Manager or Mechanical Engineer will meet with the Contractor and the CITY at the
PROJECT site (or other local location as determined) during the construction period in jointly held construction
progress meetings to review and discuss; 1) the previous progress of the work, 2) the proposed upcoming work, 3)
coordination requirements between the Contractor and the CITY, and 4) interpretations of the Contract
Documents. The basis of scope of work for this item is 8 meetings and a total of 48 man -hours including two trips
to the site by the CONSULTANT's Project Manager. it is assumed that the CITY's construction manager will host
the meetings and record meeting minutes.
Subtask 8.3— Submittals
The CONSULTANT will review for approval those shop drawings and samples forwarded by the CITY and in
accordance with the Schedule of Shop Drawings and Sample submittals. The CONSULTANT's review and approval
will be only to determine if the items covered by the submittals will, after installation or incorporation in the
COMMERCIAL AVE /K LOTUS HIGHWAY SANITARY SEWER LIFT STATION AND SOUTHEAST INTERCEPTOR
Work, conform to the information given in the Contract Documents and be compatible with the design concept of
the completed PROJECT as a functioning whole as indicated by the Contract Documents.
In addition, the CONSULTANT will keep on file copies of submittals reviewed and approved by the CITY, and will
refer to them as required when responding to requests for clarifications and interpretations.
The CONSULTANT will review and approve the Informational Submittals which are forwarded by the CITY except
for the following: 1) Applications for Payment; 2) Certificates, including installer, material test, successful testing
or inspection, manufacturer's compliance; and proper installation; 3) Contract Closeout Submittals; 4)
Manufacturer's Instructions; 5) Schedules, including values, estimated progress payments, and progress; 6)
Special Guarantees; 7) Statement of Qualifications; 8) Submittals Required by Laws, Regulations, and Governing
Agencies; 9) Test and Inspection Reports; 10) Testing and Startup Data; and, 11) Training Data.
The CONSULTANT will act upon Contractor's submittals and transmit responses not later than 14 calendar days
after receipt, unless otherwise specified in the contract documents.
The basis of the CONSULTANT's scope of work for Subtask is 50 submittals for a total of 100 man - hours. The basis
of the scope of work does not include submittal review in excess of two reviews for substantially the same
submittal.
Subtask 8.4— Clarifications and Interpretation of Contract Documents
The CONSULTANT will issue, with reasonable promptness, such written clarifications or interpretations of the
requirements of the Contract Documents as the CITY may request or which the CONSULTANT deems necessary
and the CITY concurs, and which shall be consistent with the intent of and reasonably inferable from the Contract
Documents. Such written clarifications and interpretations shall be binding on the CITY and the Contractor. If the
CITY and the Contractor are unable to agree on the amount or extent, if any, of any adjustment in the contract
price or contract times, or both, that should be allowed as a result of a written clarification or interpretation, a
claim may be made as provided for in the Contract Documents.
In addition, the CITY will issue, with reasonable promptness, such written clarifications or interpretations of the
requirements of the Contract Documents as the CITY may determine necessary, which shall be consistent with the
intent of and reasonably inferable from the contract Documents.
The CONSULTANT will act upon Contractor's requests for information and transmit response not later than 14
calendar days after receipt. A total of 40 man -hours is assumed for this effort
Subtask 8.5— Authorizing Variations in Work
When deemed appropriate, the CITY's field staff will consult with the CONSULTANT's office support staff prior to
the CITY authorizing minor variations in the work from the requirements of the Contract Documents which do not
involve an adjustment in the contract price or the contract times and are compatible with the design concept of
the completed PROJECT as a functioning whole as indicated by the Contract Documents. A total of 12 man -hours
is assumed for this effort
Subtask 8.6— Contract Change Orders
The CITY's field staff will prepare contract change orders to the Contract Documents for the Contractor's approval.
The CITY's field staff will consult with the CONSULTANT's office support staff that will assist the City in preparing
change orders to the Contract Documents. A total of 8 man -hours is assumed for this effort
Subtask 8.7— Additional Visits to Site
Appropriate members of the CONSULTANT's office staff will make periodic visits to the Site at intervals
appropriate to the various stages of construction as the CITY deems necessary in order to observe as an
experienced qualified design professional the progress that has been made and the quality of the various aspects
of CONTRACTOR's executed work. On the basis of such visits and observations, CONSULTANT will advise the CITY
of the progress of the Work. The basis for this item is 10 visits and a total of 48 man -hours which includes a single
COMMERCIAL AVE /IKAHLOTUS HIGHWAY SANITARY SEWER LIFT STATION AND SOUTHEAST INTERCEPTOR
trip by both the CONSULTANT's Project Manager and EI &C Engineer (stationed in Boise, ID) during Lift Station
Commissioning and nine trips by a single CH2M HILL Richland, Washington based team member.
The CONSULTANT's visits and observations are subject to all the limitations on CONSULTANT'S authority and
responsibility set forth in the Contract Documents.
Subtask 8.8— Conference Call Review Meetings attended by CITY and CONSULTANT
The CONSULTANT's project manager and /or mechanical engineer will attend a conference call with the CITY's
assigned project management team once per two -week period. The purpose of the meetings will be to
communicate the overall project status and identify project issues that affect: 1) the Contractor's progress on the
project, 2) the CONSULTANT's progress toward completing engineering tasks, and 3) the CONSULTANT's budget.
The goal of the meetings will identify project problems and initiate solutions for the benefit of the Project. The
basis of scope of work for this subtask is 12 meetings and a total of 32 man - hours.
Compensation
Compensation for the services described in this document shall be on a Time & Materials basis with a total fee not
to exceed $49,493 (Forty Nine Thousand Four Hundred Three Dollars) without written amendment mutually
agreed to by CONSULTANT and CITY. Compensation for services previously rendered by the CONSULTANT for the
CITY required for completion of the PROJECT design totals $4,893 (Four Thousand Eight Hundred Ninety Three
Dollars).
The total fee is broken down by Task as follows. Amounts not used to complete a Task may be reassigned to
another Task without requiring a formal amendment, but such a reassignment requires approval by CITY Project
Manager.
Fee Budget by Task
Compensation for Services Previously Rendered $4,893
Task 1 Project Management (Amended) $1,695
Task Bidding Assistance $4,490
Task 8 Services During Construction $43,308
Total Fee $54,386
AGENDA REPORT
FOR: City Council
TO: Crary Crutchfiel ' anager
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Yard Sales �J
I.
II.
III.
IV
March 21, 2013
Workshop Mtg.: 3/25/13
Regular Mtg.: 4/1/13
REFERENCE(S):
1. Proposed Ordinance
ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/25: Discussion
4/1: MOTION: I move to adopt Ordinance No. relating to Yard Sale Permit
and Sign Regulations.
FISCAL IMPACT:
Eliminating the $5 yard sale permit fee will be a reduction of approximately $6,500
annually.
HISTORY AND FACTS BRIEF:
A) Last fall staff introduced discussion regarding the permitting and regulation of
yard sales, together with issues associated with yard sale signage. In response to
Council's discussion, staff proposed the following outline for further review and
refinement at Council's meeting of October 22:
1. Yard Sale Permits: it is suggested that the permit fee be dropped and that the
City issue "no fee" permits, including on -line availability, to enable better
tracking of activity, allow for greater public education of standards and more
targeted enforcement for violations (primarily signs). Permitting allows the
City to introduce permit/sign standards to each applicant.
2. Retain the limit of two yard sales per residence per year. Limit any one sale
event to two days (reduction from 3 days). Events continue to be no closer
than 30 days apart.
3. Provide more clear signage regulation to specify:
a. Yard sale signs are only allowed for permitted yard sales /must contain
address.
b. Specify size, number and placement parameters.
c. Signs allowed no more than 24 hours prior to a permitted sale; must be
removed within 24 hours of permit expiration.
d. Non - compliant, non - permitted signs are subject to seizure; infraction of
$50 for repeat violations.
B) Council direction was for staff to prepare an ordinance to amend the PMC and
otherwise prepare to implement the changes. Staff has been working to develop
an online yard sale permitting process which will be simple for citizens while
providing a useful data base for Code Officer use in enforcement.
C) In developing the online permit process, staff became aware of two issues with
current PMC language:
1. The code requires that yard sale permit applications include a list of
merchandise which has been owned for less than six months and offered for
sale;
4(i)
2. The code also prohibits yard sales at the same location within 30 days.
Staff is of the opinion that since yard sales are limited to two per household per
year, the 30 -day limit is not necessary for reasonable enforcement nor is the
merchandise listing on the permit and has therefore provided for deletion of these
requirements in the attached ordinance. (This latter change only regards the
listing on the permit of the sale of items newer than six months and not the limit
on the sale of such items, which remains restricted.)
D) Staff also suggests new language as follows:
1. A requirement that permits be obtained at least 24 -hours before a planned
sale; and
2. Clarification that yard sales are for residential areas/uses, whereas similar
sales in commercial or industrial areas require "temporary special sales
events" permits.
E) Staff believes that these changes will provide for a streamlined process while
creating records to allow enforcement as needed. As a reminder, neighboring
cities of Kennewick, Richland, Yakima and Walla Walla do not require permits
for yard sales, however, with the exception of Richland, all limit their duration
and frequency.
F) The attached, proposed ordinance includes the changes outlined above and
includes an effective date of April 15. Staff recommends adoption of the
ordinance.
ORDINANCE NO.
AN ORDINANCE RELATING TO YARD SALE PERMITS AND
SIGNAGE REGULATION
WHEREAS, cities have the responsibility to protect the health, safety, property and
welfare for the citizens of the City of Pasco; to provide for a neat, clean, orderly and attractive
appearance of the community; to provide for safe construction, location, erection, and
maintenance of signs; to prevent proliferation of signs and sign clutter; to minimize adverse
visual safety factors to travelers on the public highways and on private areas opened to public
travel, including pedestrian safety; and, to provide for an increase in property values, business
opportunities and the City's overall appearance; and,
WHEREAS, the city has specifically adopted regulations for yard sales and associated
signage.
WHEREAS, the City receives numerous complaints from the public regarding yard sale
signs that appear prominently at corners, and
WHEREAS, the City has determined that regulations for such signs are ambiguous and
need to be clarified in order to protect the health, safety, property and welfare for the citizens of
the City of Pasco, and
WHEREAS, the City Council has reviewed staff recommendations, and has determined
that to further the purpose of the comprehensive planning and to maintain and protect the welfare
of the community, it is necessary to amend certain sections of the Pasco Municipal Code
regarding yard sales and associated signage, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Section 3.07.050 (EE) of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
EE) Yard Sale Permit $S00 No Fee 5.52.020
Yard Sale Sign Violation $50.00 17.050.020
Section
2. That Section
5.52.020 "Yard
Sales" of the Pasco Municipal Code be and the
same is hereby
amended to read
as follows:
5.52.020 YARD SALES.
A) Yard sales shall be limited to two such sales in each calendar year for each
individual household. Any No sale shall net be conducted for a eentinueus period of more than
three two consecutive calendar days.
B) Merchandise offered for sale at a yard sale must consist of used or secondhand
material owned by the person granted the permit or members of the individual household for a
period of not less than six months prior to the date of such sale, except that in the case of a
person leaving the community, a shorter period of ownership will be allowed providing the
merchandise was purchased for actual use by the person or member of the individual household
and that the necessity for such sale of the merchandise could not have been foreseen at the time
of purchase. intended sale of me-rehandise ewned fer- less than six meffths shall be listed in the
uyraa .°usxm"rao'r- u°- p.- cr""nxxr.
C) Any individual household before conducting any yard sale must have a permit.
Such a permit is obtained by making wria ert application at least 24 -hours prior to
commencement of the sale, at the Finance office or te the Gity Clerk online at the City's website
(permit application). The application must be signed made by a member of the individual
household eighteen years of age or older and shall describe the type of iRat,...: °7 to be sold, the
location and dates of the sale,, and the list? e f any material a m_d less than i* months „u; h is
to be offered fer sale.
D) Upon completion and approval of the application a permit shall be issued
containing the information shown in the application.
days a-fter the expiration of the pFevieus pefmit. and a fee as set fei4h in Chaptef 3.07 of this eed
No fee shall be required for eaeh yard sale permits issued.
E) Any Permits issued under this section shall net be restricted to properties zoned or
used for residential pumoses as to ieeat_o 1.__a ._e of zening regulations , e that such al
on private property and shall not be permitted on sidewalks, alleys, streets or
any other public way. Location shall be limited to property occupied by the person signing
making the application for the permit. Sales in commercial or industrial areas are subject to
"temporary special sales events" permits per PMC Chapter 5.25.
F) Any sale shall be conducted in an orderly manner and shall not constitute a public
nuisance nor hazard to persons or property. (Ord. 3560 Sec. 45, 2002; Ord. 1499 Sec. 2, 1971.)
G) Yard sale signs are allowed only for permitted Yard sales in conformance with
PMC Section 17.050.020.
Section 3. That Section 17.05.020 "Special Provisions by Sign Classification" of the
Pasco Municipal Code be and the same is hereby amended to read as follows:
17.05.020 SPECIAL PROVISIONS BY SIGN CLASSIFICATION.
A) Temporary signs. This signage shall not be restricted by content, but is usually
and customarily used to advertise real estate sales, political or ideological positions, garage sales,
special events having a specific date or duration. Such signage shall be subject to the following
provisions:
1) All exterior real estate -signs shall be placed entirely on the property for
sale, except as provided below.
Yard Sale Regulations Ordinance
Page 2
2) Residential "open house" signs are permitted only during daylight hours
and during times in which the broker /agent or seller or an agent is in attendance at the
property for sale. The sign may be placed within the periphery of the roadway provided it
does not interfere with traffic safety as provided in 17.05.040 D and 17.09.030, but it
shall not be attached to a utility pole or traffic safety device. Such signs shall be
permitted only during weekends beginning at 5:00 pm Friday and ending at 8:00 am
Monday.
3) Political Signs may be placed within the periphery of the public roadway
provided they do not interfere with traffic, vehicular or pedestrian, as provided in
17.05.040 D and 17.09.030, or interfere with the use of any residential or commercial
property. Political signs may be placed upon privately owned property including fences,
except subdivision fences, with the consent of the property owner.
4) Grand Opening and Special Event Displays temporary signs, posters,
portable reader boards, banners, strings of lights, clusters of flags, blinking lights,
inflatables, balloons, and searchlights are permitted only to announce the opening of a
completely new enterprise, the opening of an enterprise under new management, or a
special event.
a) All banners must be securely fastened taut against the wall of a
building and shall not extend above the building.
b) Tethered balloons and inflatables cannot be more than 70 feet
above the surface of the ground.
C) Grand opening and special event signs for businesses must be
located on the premises where the grand opening or special event is taking place.
d) Special event signs for a community event may be displayed on or
off the premises where the event is taking place including in the periphery of the
right -of -way.
e) Special event signs for a community event located in the periphery
of the right -of -way may not be larger than 6 square feet.
f) Special event signs may be located on the Robert Frost Elementary
School pedestrian overpass on North 20th Avenue. Said signs may be larger than
6 square feet.
5) Gafage-e -Yard Sale Signs.
a) Yard sale signs are only allowed for permitted Yard sales (no fee
permits may be obtained through the Finance office or on the City's website)
a) 121 No garage/yard sale sign shall be placed, affixed, stapled, glued, or
taped to any utility pole, subdivision fence, or any public property;
b-) c) No gaFage /yard sale sign shall be placed on the right -of -way of any
roadway, alley, sidewalk or other public auto or pedestrian traffic areas in such a
manner as to interfere with traffic, both vehicular and pedestrian, as provided in
17.05.040 (D) and 17.09.030, or interfere with any residential, commercial or
industrial property;
d) Yard sale signs may not be placed more than 24 hours prior to a
permitted yard sale and must be removed within 24 hours of permit expiration.
e) A maximum of four yard sale signs is allowed per permitted sale
f) Yard sale sign area may not exceed 1.5 square feet per sign
a) All yard sale signs must have the address of the yard sale event
clearly marked in legible, 2" minimum size lettering_
Yard Sale Regulations Ordinance
Page 3
h) Non - compliant and /or non - permitted signs are subject to seizure.
Any person with a repeat violation of this subsection (5) "Yard Sale Si ns" is
guilty of an infraction and subject to a minimum penalty as set forth in chapter
3.07 of this Code.
i) The City, at its election, may direct any infractions identified in
this subsection (5), to be heard before the Pasco Code Enforcement Board
pursuant to Chapter 11.04 of the Pasco Municipal Code.
6) Duration — except for political signs or as otherwise provided or limited,
no temporary sign shall be erected, re- erected, or maintained for more than 30
days, unless permitted as provided hereafter. For the purpose of this regulation,
any sign of similar content erected subsequent to the original temporary sign shall
be considered as the original sign for the time limitation contained herein.
B) Limited Duration Signs. This signage shall not be restrained by content, but is
usually and customarily used to advertise non - permitted events of longer duration than
temporary signs, to advertise real estate sales or rentals and construction projects that were used
during the period of the real estate sales or rental campaign with the completion of the
construction project. Specific conditions and period of duration are identified in the chart in
Section 17.05.010 above.
Section 4. This Ordinance shall take full force and effect on April 15, 2013, after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 1 st day of April, 2013.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Yard Sale Regulations Ordinance
Page 4