HomeMy WebLinkAbout2013.04.01 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. April 1, 2013
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated March 18, 2013.
(b) Bills and
Communications:
(A
detailed listing of claims is available for review in the Finance
Manager's
office.)
To approve General Claims in the amount of $875,081.94 ($139,026.45 in the form of
Electronic Fund Transfer Nos. 14360 and 14382; and $736,055.49 in the form of Wire
Transfer Nos. 1300, 1301, 1304, 1305 and 1306; and Claim Warrants numbered 192188
through 192376).
2. To approve Payroll Claims in the amount of $3,117,533.42, Voucher Nos. 45291 through
45363 and 80250 through 80259; and EFT Deposit Nos. 30058057 through 30058629.
(c} Appointments to Planning Commission: (NO WRITTEN MATERIAL ON AGENDA)
To appoint Tony Bachart to Position No. 2 (expiration date 2/2/2016), reappoint Joe Cruz to
Position No. 5 and appoint Loren Polk to Position No. 6 (both with the expiration date of
2/2/2019) to the Planning Commission.
(d) Professional Services Agreement — Design for Argent Road Widening:
1. Agenda Report from Abroad Qayoumi, Public Works Director dated March 19, 2013.
2. Vicinity Map.
3. Professional Services Agreement with Scope of Services.
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.
(e) 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.
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.
(f) Professional Services Agreement — Commercial /Kahlotus 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.
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.
(g) Waiver of Sewer Utility Service Requirement (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.
To approve the sewer utility service waiver at 6508 Maverick Court and, further, authorize the
City Manager to sign the Waiver Agreement.
Regular Meeting 2 April 1, 2013
(h) Waiver of Sewer Utility Service Requirement (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.
To approve the sewer utility service waiver at 6512 Maverick Court and, further, authorize the
City Manager to sign the Waiver Agreement.
(i) Waiver of Sewer Utility Service Requirement (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.
To approve the sewer utility service waiver at 1909 Market Court and, further, authorize the City
Manager to sign the Waiver Agreement.
*(j) Final Plat (MF #FP2012 -007) Linda Loviisa Division 2, Phase 4:
1. Agenda Report from Dave McDonald, City Planner dated March 26, 2013.
2. Overview Map.
3. Vicinity Map.
4. Final Plat (Council packets only; copy available for public review in the Planning office, the
Pasco Library or on the City's webpage at www. uasco- wa.gov /citvcouncilreports).
To approve the Final Plat for Linda Loviisa Division 2, Phase 4.
*(k) Final Plat (MF #FP2013 -001) West Pasco Terrace Phase 4:
1. Agenda Report from Dave McDonald, City Planner dated March 26, 2013.
2. Overview Map.
3. Vicinity Map.
4. Final Plat (Council packets only; copy available for public review in the Planning office, the
Pasco Library or on the City's webpage at www.pasco-wa.gov/citycouncilreports).
To approve the Final Plat for West Pasco Terrace, Phase 4.
*(1) Right -of -Way Dedication for a Portion of Spokane Street IMF #DEED2013 -002):
1. Agenda Report from Dave McDonald, City Planner dated March 26, 2013.
2. Vicinity Map.
3. Right -of -Way Dedication Deed.
To accept the deed from Spritz Inc., for a portion of the Spokane Street right -of -way.
*(m) Resolution No. 3466, a Resolution accepting work performed by Leslie & Campbell, Inc., under
contract for the City Hall Roof Repair and Recover Project No. C5- PF- 8R- 12 -04.
1. Agenda Report from Mike Pawlak, City Engineer dated March 15, 2013.
2. Vicinity Map.
3. Resolution.
To approve Resolution No. 3466, accepting the work performed by Leslie & Campbell, Inc.,
under contract for the City Hall Roof Repair and Recover Project.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS -OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND /OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING
THERETO:
(None)
2013
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Ordinance No. an Ordinance relating to Yard Sale Permits and Signage Regulation.
1. Agenda Report from Stan Strebel, Deputy City Manager dated March 26, 2013.
2. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. relating to Yard Sale Permits and Sign
Regulations and, further, to authorize publication by summary only.
Q *(b) Resolution No. a Resolution accepting the Planning Commission's recommendation and
approving a special permit for the location of a private bus terminal at 205 South 4 °i Avenue.
1. Agenda Report from Shane O'Neill, Planner I dated March 26, 2013.
2. Vicinity Map.
3. Proposed Resolution.
4. Report to Planning Commission.
5. Planning Commission Minutes dated 2/28/13 and 3/21/13.
MOTION: I move to approve Resolution No. , approving the special permit for the location
and expansion of a private bus terminal at 205 South 4 °i Avenue as recommended by the Planning
Commission.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
*(a) Regionalization of Emergency Communications:
1. Agenda Report from Gary Crutchfield, City Manager dated March 28, 2013.
2. Resolution No. 3369.
3. Proposed Interlocal Agreement.
MOTION: I move to approve the interlocal agreement for regionalization of the emergency
communication systems within Benton and Franklin Counties.
*(b) USBR Irrigation Connection Project No. C1- 11- 14 -IRR:
1. Agenda Report from Mike Pawlak, City Engineer dated March 26, 2013.
2. Vicinity Map.
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the USBR Irrigation Connection Project to Premier
Excavation in the amount of $1,748,815.71, including applicable sales tax and, further, authorize
the Mayor to sign the contract documents.
11. MISCELLANEOUS DISCUSSION.
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a) Litigation
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
Item not previously discussed
MF# "Master File #......
Q Quasi - Judicial Matter
1. 1:30 p.m., Monday, April 1, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER
TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 8:00 a.m., Wednesday, April 3, Pasco Senior Center — Mid- Columbia Meals on Wheels Annual "Mayors
for Meals Breakfast" (MAYOR MATT WATKINS)
3. 12:00 p.m., Wednesday, April 3, 2601 N. Capitol Avenue — Franklin County Mosquito Control District
Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
4. 5:30 p.m., Thursday, April 4, P &R Classroom — Parks & Recreation Advisory Board Meeting.
(COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 18, 2013
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel,
Deputy City Manager; Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public
Works Director; Bob Metzger, Police Chief, Bob Gear, Fire Chief, Mike Pawlak, City
Engineer and Dunyele Mason, Financial Services Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated March 4, 2013.
(b) Bills and Communications:
To approve General Claims in the amount of $1,289,147.36 ($224,985.10 in the form of
Electronic Fund Transfer Nos. 14210, 14214, 14236, 14237, 14238 and 14305; and
$1,064,162.26 in the form of Wire Transfer Nos. 1299, 1302 and 1303; and Claim
Warrants numbered 191941 through 192187).
To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts,
miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking)
accounts receivable in the total amount of $271,062.05 and, of that amount, authorize
$197,619.39 be turned over for collection.
(c) Appointments to Downtown Pasco Development Authority:
To reappoint Donald Porter to Position No. 1 and Wanda Buddrius to Position No. 2; and
to appoint Domingo Macias Jr. to Position No. 3 and Ana Ruiz Peralta to Position No. 4
(all with the expiration date of 12/20/16) to the Downtown Pasco Development
Authority.
(d) Professional Services Agreement — Design for Road 68 Improvements, Phase
II:
To approve the Professional Services Agreement with HDJ Design Group authorizing
Design Services with respect to Road 68 Improvements Phase II Project in the amount of
$128,957 and, further, authorize the City Manager to sign the agreement.
(e) Professional Services Agreement — Survey for Road 68 Improvements, Phase
II:
To approve the Professional Services Agreement with HDJ Design Group authorizing
Survey and Topography Services with respect to Road 68 Improvements, Phase 2 Project
in the amount of $16,625 and, further, authorize the City Manager to sign the agreement.
(f) Pasco National Little League Lease:
To approve the Lease with Pasco National Little League for the use of Boothe Field and,
further, authorize the City Manager to sign the agreement.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 18, 2013
(g) Professional Services Agreement — Historic Preservation Plan:
To approve the agreement with Teresa Brum & Associates to produce a historic
preservation plan and, further, authorize the City Manager to sign the agreement.
(h) Resolution No. 3462, a Resolution of the City of Pasco, Washington, adopting
Standards for the delivery of Public Defender Services.
To approve Resolution No. 3462, adopting standards for the delivery of public defender
services.
(i) Resolution No. 3463, a Resolution fixing the time and date for a public
hearing to consider the vacation of a portion of East Lewis Place.
To approve Resolution No. 3463, setting 7:00 pm, Monday, April 15, 2013 as the time
and date to conduct a public hearing to consider vacating portions of East Lewis PIace.
(j) Resolution No. 3464, a Resolution fixing the time and date for a public
hearing to consider the vacation of a portion of North Idaho Avenue.
To approve Resolution No. 3464, setting 7:00 pm, Monday, April 15, 2013 as the time
and date to conduct a public hearing to consider vacating a portion of North Idaho
Avenue adjacent to Block 61, Freys Addition.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Mayor Watkins presented a Proclamation to Reade Obem, Park Manager, Sacajawea
State Park, proclaiming March 19, 2013 "Washington State Parks and Recreation
Commission Centennial Anniversary."
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Mac Miller, Boise Idaho, addressed Council concerning a rock in Volunteer Park.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Yenney attended the Benton Franklin Council of Governments Board meeting
Ms. Francik, Mayor Watkins and Mr. Martinez attended the Tri- Cities Regional Public
Facilities District meeting.
Mr. Hoffmann attended Benton Franklin Council of Governments Tri-Mats Policy
Advisory Committee meeting.
Mayor Watkins attended the Ben - Franklin Transit Board meeting and reported he has
been elected Chair of the Board.
Mr. Hoffmann commented on the General Fund Operating Statement through February
2013.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Street Vacation (MF #VAC2013 -001) Portion of Washington Street (Port of
Pasco /Morales).
MAYOR WATKINS CONTINUED THE PUBLIC HEARING TO CONSIDER THE PROPOSED
VACATION.
MOTION: Ms. Francik moved to continue the public hearing to the April 15 Council
meeting. Mr. Garrison seconded. Motion carried unanimously.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 18, 2013
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4098, an Ordinance of the City of Pasco, Washington, adding and
revising City procedures for utility billing with amendments to Title 3 "Revenue and
Finance."
MOTION: Ms. Francik moved to adopt Ordinance No. 4098, authorizing amendment of
Pasco Municipal Code Title 3 relating to utility billing management and, further, to
authorize publication by summary only. Mr. Martinez seconded. Motion carried
unanimously.
Ordinance No. 4099, an Ordinance of the City of Pasco, Washington, amending the
zoning classification of Lots 5 to 7, Block 1, College Addition together with the east
10' of the adjacent 7th Lane, from C -1 (Retail Business) to R -3 (Medium Density
Residential).
Council and staff discussed the proposed zoning amendment.
MOTION: Ms. Francik moved to adopt Ordinance No. 4099, rezoning the property
located at 809 S. 7th Lane from C -1 to R -3 and, further, to authorize publication by
summary only. Mr. Hoffinann seconded. Motion carried unanimously.
Resolution No. 3465, a Resolution accepting the Planning Commission's
recommendation and approving a special permit for location of a childcare facility
at 1803 West Bonneville Street.
Mr. White explained the details of the special permit.
MOTION: Ms. Francik moved to approve Resolution No. 3465, approving the special
permit for location of a childcare facility in a C -1 District at 1803 West Bonneville Street
as recommended by the Planning Commission. Mr. Martinez seconded. Motion carried
unanimously.
NEW BUSINESS:
Professional Services Agreement— Chapel Hill Boulevard:
Council and staff discussed the details of the proposed agreement.
MOTION: Ms. Francik moved to approve the Professional Services Agreement with
Trantech authorizing professional services with respect to Chapel Hill Boulevard Project
in the amount of $17,982 and, further, authorize the City Manager to sign the agreement.
Mr. Garrison seconded. Motion carried 6 -1. No — Larsen.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:44 p.m. for approximately 15 minutes to
discuss collective bargaining strategy and proposals with the City Manager and the City
Attorney.
Mayor Watkins called the meeting back to order at 7:59 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:59 p.m.
APPROVED:
ATTEST:
Matt Watkins, Mayor Debra L. Clark, City Clerk
PASSED and APPROVED this I't day of April, 2013.
CITY OF PASCO
Council Meeting of: April 1, 2013
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
e ices rendere t labor performed as described herein and that the claim is a just, due and unpaid
obligatio against he city and that we are authorized to authenticate and certify to said claim.
'l
Gary Crutc iel , ty Mang bunyele Masan, Finance Services Manager
We, the ndersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby c t
Aartify on this 1 day of April, 2013 that the merchandise or services hereinafter specified have been received:
Check Numbers and 192188 - 192376 In The Amount Of: $ 736,055.49
Electronic Funds Transfers: 1300, 1301, 1304
1305,1306
Electronic Funds Transfers:
(Journal Entries)
Councilmember
In The Amount Of: $ 139,026.45
14360,14382
GENERALFUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
Combined total of $875,081.94
Councilmember
SUMMARY OF CLAIMS BY FUND:
STREET
ARTERIAL STREET
STREET OVERLAY
C. D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVEL & INFRASTRUCT
STADIUM /CONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATER /SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL /DENTAL INSURANCE
CENTRAL STORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
595.31
3,281.06
220,115.63
7,080.73
0.00
0.00
4,835.60
37.04
6,203.57
493.95
10,851.23
1,090.73
16,656.99
62,250.60
816.35
391.13
84.54
0.00
0.00
513.07
0.00
4,494.12
9,521.59
9,185.98
133,517.66
39,184.77
9,633.86
107,280.69
0.00
137,026.45
0.00
41,629.66
0.00
0.00
52,186.00
0.00
$ 875,081.94
3(b).1
CITY OF PASCO
Payroll Approval
The City Council
City of Pasco
Franklin County, Washington
The follow is a summary of payroll claims against the City of Pasco for the month of
March 2013 wh' h ale presented herewith for your review and approval.
Council Meeting of.
April 1, 2013
Rick Terway, Administrative & Community Services Director
We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 45291 through 45363 and 80250 through 80259 and EFT deposit
No's. 30058057 through 30058629 and City contributions in the aggregate amount of $3,117,533.42 are
approved for payment on this 1st day of April 2013.
Councilmember
Councilmember
SUMMARY OF PAYROLL BY FUND
GENERALFUND:
35,742.63
Legislative
$ 8,012.34
Judicial
86,783.53
Executive
72,910.94
Police
694,462.47
Fire
885,751.09
Administrative & Community Services
262,140.66
Community Development
92,759.19
Engineering
118,595.64
TOTAL GENERAL FUND
2P221 P41 5.86
CITY STREET
35,742.63
BLOCK GRANT
71105.15
HOME CONSORTIUM
1,076.36
NSP
1,464.17
MARTIN LUTHER KING CENTER
7,773.02
AMBULANCE SERVICE FUND
473,188.60
CEMETERY
11,813.82
ATHLETIC FUND
2,822.49
SENIOR CENTER
15,406.13
STADIUM OPERATIONS
0.00
MULTI -MODAL FACILITY
0.00
BOAT BASIN
0.00
REVOLVING ABATEMENT FUND
0.00
TASK FORCE
0.00
WATER /SEWER
304,267.28.
EQUIPMENT RENTAL - OPERATING
28,58199
OLD FIRE PENSION FUND
6,853.92
GRAND TOTAL ALL FUNDS
$ 3,117,533.42
Payroll Summary
Net Payroll 11527,681.85
Employee Deductions 915,598.87
Gross Payroll 2,443,280.72
City of Pasco Contributions 674,252.70
Total Payroll $ 3,117,533.42
3(b).2
AGENDA REPORT NO. 13
FOR: City Council March 19, 2013
TO: Gary Crutchfie Manager
FROM: Ahmad Qayou i, Public Works Director Workshop Mtg.: 3/25/13
Regular Mtg.: 4/1/13
SUBJECT: Professional Services Agreement — Design for Argent Road Widening
1. REFERENCE(S):
I. 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.
I11. FISCAL IMPACT:
STP Funds - $200,000
Traffic Impact Fees - $25,416
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 "' 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 201i 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.
3(d)
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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:
1. 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.
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 Scope 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 $ ,_yU 1 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 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.
Ahmad 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
KENNEWICK OFFICE
Scope of Services
City of Pasco
Argent Road, Road 36 to W. 20th Avenue
Professional Services
Argent Road Professional Design Services
W. O_)G
I I . , _.i .
EXHIBIT A
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`h 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 Engineer's Estimate of Probable Cost for Argent
Road improvements to a 4 lane 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 20" 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 20th 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 utilizingthe 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 5: 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
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" 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
"D
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 20th Avenue it has been assumed that the northern west bound lane will begin with a new
taper on the west side of W 201h 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 201h Avenue it has been assumed that the southern east bound turn lane will become a
right -only turn lane to south bound W 20th 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 20th Ave
intersection. It has been assumed that there will be no revisions to the existing splitter islands at
the Argent Road / W 20th 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 22x34 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 20th 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
I
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 engineer's 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, 1 " =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) Geotechnical Report
Task 13: Permitting Support
Argent Road
I"I,_C�.a �;f'�, +_; -..�, 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 15: 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 201h 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.
Scope of Services Assumptions
Argent Road
Feb. 21, 2013
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: $225,416.36
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
• Argent
• Argent
• Argent
• Argent
• Argent
Road
Road
Road
Road
Road
Road
and
and
and
and
and
and
20th Avenue
Tech Way
CBC Main Entrance
Farm Road
Airport Road -395 Off Ramp
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.
Mal
EXHIBIT C
Argent Road Scope of Work
• CONTINGENCY TASK: Develop up to 3 additional traffic signal
modification plan and detail sheets for the Argent /201h 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.
(• E
AGENDA REPORT NO. 14
FOR: City Council March 19, 2013
TO: Gary Crutchfiel 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°i 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 °i 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.
3(e)
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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:
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 ").
29 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 tl e 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.
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).
73.2 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 $1,000,000 each occurrence;
[ 1 $2,000,000 general aggregate; or
[X] $_ ( "k\ each occurrence; and $ 2M 1� 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 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 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: Ahmad Qayoumi
Public Works Director, or his designee
525 North 3rd
Pasco WA 99301
gayoumia@pasco- wa.gov
14.3.2 For the Consultant: Dana Ertel
Project Manager
320 N. Johnson Street, Suite 700
Kennewick, WA 99336
Dana.ertel @pbsenv.com
15, Dispute Resolution.
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 parry 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
EXHIBITA
Engineering +
PBS Environmental
Est. 1982
March 7, 2013
City of Pasco Public Works Department
Attention: Mr. Ahmad Qayoumi, PE
PO Box 293
525 N. 3rtl Avenue
Pasco, Washington 99301
Via Email: qayoumia @ pasco - wa.gov
RE: Proposal for Geotechnical Engineering 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 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 associated landscape
improvements. The project location will include the portion of Argent Road that extends from North 201h 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
reports /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 failing 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 / 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 Enoineerin
Task 1: Conduct three (3) infiltration tests ...................................................... ............................... $43300
Task 2: Pavement Reconnaissance & Subsurface Explorations ................... ............................... $6,400
Task 3: Pavement Coring ( Optional) ..................................... ............................... .........................$3,900 _t0
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
(� g v
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 ................................ .... ............................
$12975
Task
3.d:
Environmental Justice Memorandum ............................................. ...............................
$1,095
Task 3.e: Noise Study (see attached proposal from Michael Minor & Associates) .................... $15,510
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.
� 4
Arlan H. Rippe, PE, D.GE
Chief Geotechnical Engineer
ACCEPTED BY:
Signature
0 x5 Name (Please Print)
Gary SSttom /teennsland, CPESC
Principal, Natural Resources Title Date
Attachments: General Terms and Conditions for Professional Services (Rev.0312012)
2013 Master Hourly Rate Schedule
Engineering +
PBSEnvironmental
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 -1/2 %) 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).
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PB c Environmental
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.
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P B 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. Geologist/Hydrogeologist 1
120.00
Cultural Resource Specialist
85.00
Sr. Geologist/Hydrogeologist 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 Geologist/Hydrogeologist
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 11
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.
d
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Michael Minor & Associates
4923 pVibration.
SE 36 Air
Portland, Oregon 97202
503.220.0495 — fm 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 N 20th 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
Sound . Vibration . Air
M 4923 SE 36th Avenue
Portland, Oregon 97202
503.220.0495 — fax 666.847.0495
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
1 -182 to Highway 395
• Argent Road: East bound and west bound traffic between Road 40 and N 20th
Avenue
• N 20th Avenue.: North bound 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 snaps 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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.5C E .,,apleior F c. , r. 3 VF.I. C.CJV�R WA 3E651 (360) 260 - 86 FAX (3M) _)CO-01'/9
EMAIL: ascceler: @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
A 986 2
24G4 \F St ,;le "mn P,a SIB 3 VFJ "�COUVER VVA 98SG1 (360) 260 -8014 r FX (360) 260 012a
EMAIL: as=1ex @msn.com
Five Year Experience Profile (Small Sample of Selected Projects)
2
Principal
Project Title
Project Type
Investigator
Project
Client Address
Dates
Field Su ervisor
Echanis Windfann and
Section 106 Survey and
Alexander Gall, M.A.
Columbia Energy Partners
North Steens Transmission Line,
NEPA documentation
Michael Smith
9/08 -1 /11
317 Columbia St., Vane.
Harney Co., OR
WA
Gifford Pinchot Task
Cave /Bear Watershed Restoration,
Section 106 Survey
Alexander Gall, M.A.
Force
Gifford Pinchot National Forest
Michael Smith
7/11 -9/11
917 Oak St, Ste.410,
Portland, OR 97205
Telecommunication Facility
Section 106 Surveys
Alexander Gall, M.A
9 /09- Present
Adapt Engineering Inc.
Surveys in Washington and Oregon
Dana Holschuh
10725 SW Barbur Blvd.,
Ste. 200
Portland, OR 97219
Klikitat 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
PO Box 9810, Vane., WA
Co., WA
Structures
8/09 - 11/09
98666
Washington State
Department of Fish and
Crocker /WDFW Property
Phase 1 Survey
Alexander Gall, M.A.
Wildlife
Survey
2/09 -3/09
600 Capitol Way N., MS
43200, Olympia, WA
98501 -1091
Hermiston Waste Water
Section 106 Survey
Alexander Gall, M.A.
Kennedy Jenks
Treatment Plant Survey Umatilla
200 SW Market St.,
Co., OR
F3/094/09
Suite 500, Portland,
OR 97201
Wishmm Fiber Optic Survey
Cultural Resources Survey
Alexander Gall, M.A.
EMBARQ
in Columbia Gorge NSA
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,
6106- 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,
Hoilmam, 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 -9/08
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, Vane., WA
contract
evaluations (more than 25
98666
completed to date)
2
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EIrAIL. asccalex @msr�.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.
3
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;= I✓:Ali_ esccaieu�msn.com
Estimated Costs Breakdown: Cultural Resources Survey of the
Argent Road Widening Project Area, Franklin, County, WA.
Submitted to:
Gary Stensland, CPESC, PBS Engineering +Enviromnental
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
$1,406.00
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 Form $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 /mile
1000
$550.00
Food per diem
$50.00
3
$150.00
Expenses
$1,000.00
TOTAL ESTIMATED COST: $5,655.20
4
AGENDA REPORT No. 8
FOR: City Council (-� March 18, 2013
TO: Gary Crutchfield,* Innager
Ahmad Qayoum� li orks Director
FROM: Michael A. Pawlak, 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
H. 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 CH2MHill, 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 CH2MHill, Inc.,
in the amount of $54,386.
3(f)
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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:
1. 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 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
S. 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.
9. 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 Scope 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.
93 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 Aeainst 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. Assienment 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 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
qayoumia@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 CH211VIIIIHILLe
Bidding Assistance and Services- During- Construction for the
Commercial Ave /Kahlotus Highway Sanitary Sewer Lift Station
and Southeast Interceptor
Background
CH2M 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 J
$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
1 05.88
MURRER, DANIELTHOMAS
1 $105.60
4.0
1 $422.40
COMMERCIAL AVE /"HLOTUS HIGHWAY SANITARY SEWER LIFT STATION AND SOUTHEAST INTERCEPTOR
THOMAS, EDWARD J
$158.72
2.0
$317.44
from scheduled
design review meetings and will be held
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 /KAHLOTUS 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 /KAHLOTUS 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
Task7 Bidding Assistance $4,490
Task Services During Construction $43,308
Total Fee $54,386
AGENDA REPORT
FOR: City Cotmcilf) March 21, 2013
TO: Gary Crutch 7conomic Manager Workshop Mtg.: 3/25/2013
Regular Mtg.: 4/01/2013
FROM: Rick White,
Community Development Director 1L��
SUBJECT: Waiver of Sewer Utility Service Requirement (MF# USW 2013 -001)
1. 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
6508 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 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 42 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.
3(g)
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.
Vicinity Item: Utility Service Waiver
�' Applicant: Ken & Pauline W
Map File #: USW 2013 -001
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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
6508 Maverick Court
and described as;
does hereby freely and voluntarily make:
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
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 raider 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
FOR: City Council f I March 21, 2013
TO: Gary Crutchfiel t anager Workshop Mtg.: 3/25/2013
Regular Mtg.: 4/01/2013
ite
FROM: Rick Wh, �7
Community & Economic Development Director 74 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 92 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.
3(h)
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 VA
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
and the Pasco City Council
6512 Maverick Court and described as;
approved said waiver based
on the following Findings:
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 , 20
Signature of Legal Property Owner(s)
STATE OF WASHINGTON
ss.
County of Franklin
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 individuals) 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
FOR: City Council n March 20, 2013
TO: Gary Crutch 7conoymic Manager Workshop Mtg.: 3/25/2013
Regular Mtg.: 4/01/2013
FROM: Rick White,
Community Development Director
SUBJECT: Waiver of Sewer Utility Service Requirement (MF# USW 2013 -005)
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 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.
3(i)
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 I1, 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 nm 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 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
FOR: City Council March 26, 2013
TO: Gary Crutchfie Manager Regular Mtg.: 4/1/13
Rick White,
Community & Economic Development Director
FROM: David I. McDonald, City Planner
SUBJECT: FINAL PLAT (MF# FP2012 -007) Linda Loviisa Division 2, Phase 4
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Final Plat (Council packets only; copy available for public review in the Planning
Office, the Pasco Library or on the city's webpage at htlp://www.pasco-
wa.gov/citycouncilrel)orts
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/1: MOTION: I move to approve the Final Plat for Linda Loviisa Division 2,
Phase 4.
III. FISCAL IMPACT:
NONE
IV, HISTORY AND FACTS BRIEF:
A. The City Council previously approved a Preliminary Plat for the Linda Loviisa
Division 2 subdivision. The developer is now seeking Final Plat approval for Phase 4.
B. The Linda Loviisa subdivision is a single - family residential development located
south of Burden Boulevard and west of the Desert Plateau/Desert Oasis
neighborhood.
V, DISCUSSION:
A. Prior to approval of a Final Plat, the developer is to either install all infrastructure or
post a bond or other instrument that secures the financing for the infrastructure
improvements. In this case, the developer has completed the infrastructure
improvements.
B. The Final Plat shows and contains information on primary control points, tract
boundaries, dimensions, bearings, lot numbers and other necessary engineering data.
In addition, the Plat contains the required descriptions, dedication and
acknowledgment, and approval sections.
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AGENDA REPORT
FOR: City Council March 26, 2013
TO: Gary Crutchfie Manager Regular Mtg.: 4/1/13
Rick White,
Community & conomic Development Director o
FROM: David I. McDonald, City Planner
SUBJECT: FINAL PLAT (MF# FP 2013 -001): West Pasco Terrace Phase 4
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Final Plat (Council packets only; copy available for public review in the Planning
Office, the Pasco Library or on the City's webpage at http://www.pasco -
wa.gov /citycouncilreports.
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/1: MOTION: I move to approve the Final Plat for West Pasco Terrace, Phase 4.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. City Council previously approved a preliminary plat for the West Pasco Terrace
development. The developer is now seeking final plat approval for Phase 4.
B. West
Pasco
Terrace is
a single- family residential
development located north of
Three
Rivers
Drive and
east of Road 60.
V. DISCUSSION:
A. Prior to the approval of a final plat, the developer is to either install all
infrastructure or post a bond or other instrument that secures the financing for the
infrastructure improvements. In this case, the developer has completed most of the
improvements and has provided the City with a bond in an amount sufficient
($27,443) to cover the costs of outstanding improvements.
B. The final plat shows and contains information on primary control points, tract
boundaries, dimensions, bearings, lot numbers and other necessary engineering
data. In addition, the plat contains the required descriptions, dedication and
acknowledgment, and approval sections.
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FOR: City Council March 26, 2013
TO: Gary Crutchfi y Manager Regular Mtg.: 4/1/13
Rick White,
Community & conomic Development Director 411
FROM: David I. McDonald, City Planner
SUBJECT: Right -of -Way Dedication for a Portion of Spokane St. (MF# DEED2013 -002)
I. REFERENCE(S):
1. Vicinity Map
2. Right -of -Way Dedication Deed
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/1: MOTION: I move to accept the deed from Spritz Inc. for a portion of the
Spokane Street right -of -way.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A) The owner of properties located at the end of Spokane Street west of Oregon
Avenue is in the process of developing his property and constructing Spokane
Street. To properly construct the cul -de -sac at the west end of the street and to
avoid existing telephone and utility equipment Spokane Street needs to be
extended approximately 90 feet to the west.
B) The owner has provided the city with a dedication deeds for the right -of way
extension.
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After Recording, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3`a
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 112093012
THE GRANTOR(S),
pursuant to RCW 35A.79.010,
GRANTEE, THE CITY OF
State of Washington, for the
interest in the land described as
s D,,e, LZ IOU4T , by donation
dedicates, conveys and quit claims to the
PASCO, a Municipal Corporation of the
public use, as a public right -of -way, all
follows:
That portion of vacated Spokane Street as vacated per city of Pasco Ordinance
No. 3792 and those portions of Lots 31 and 32, Block 110, Pasco Land
Company's First Addition according to the Plat thereof recorded in Volume B of
Plats, Page 39, records of Franklin County, Washington all being in Northeast
quarter of Section 29, township 9 North, Range 30 East, W.M.. More particularly
described as follows:
Commencing at the intersection of Oregon Avenue and Spokane Street being a
brass cap in a monument case; thence along the centerline of Spokane Street
South 71 °15'49" West for 390.00 feet to the Westerly right of way margin of
Main Street as shown on said plat of Pasco Land Company's First Addition, and
the True Point of Beginning of said description; thence along said Westerly right
of way margin South 18'44'11" East for 35.54 feet; thence South 65 °38'29" West
for 32.55 feet to the start of a 56.50 foot non - tangent curve (whose radius bears
North 24 °21'30" West); thence Westerly, Northerly and Easterly along said curve
to the right through a central angle of 227 °47'03" an are length of 224.62 feet to
the Westerly right of way margin of said Main Street; thence along said right of
way margin South 18'44'11 " East for 59.38 feet to the True Point of Beginning.
Containing 9,065 square feet
Dedication Deed 4- 112093012
DATED this a z �Iday of A-M Qer1 2013.
GRANTOR(S)
Owner(s)
pzs
STATE OF WASHINGTON )
ss.
County of Franklin
On this day of yIAAe#4 2013, before me, the
undersi�}}ed, duly commissioned and sworn, personally appeared
2iy. 3 rro.� to me known to be the individual(s) described above
and who executed the within and foregoing instrument as an agent of the
owner(s) of record, and acknowledged to me that he /she /they signed the same as
his/her /their free and voluntary act and deed, for the uses and purposes therein
mentioned, and on oath stated that he /she /they is /are authorized to execute the
said instrument.
GIVEN under by hand and official seal this ���day ofR��•E
2013.
JAMES R. BULLI
NOTARY PUBLIC lRidingat: t N` e:
STATE OF �PJASHINGT Y I
•. r ,0 2e;
NOVEhItic�? '? 0Commiq
Dedication Deed -2- 112093012
in and for the State of Washington
AGENDA REPORT NO. 6
FOR: City Council March 15, 2013
TO: Gary Crutchfiel , Manager
Ahmad Qayou i, P is Works Director 452
FROM: Michael A. Pawlak, City Engineer vp�� Regular Mtg.: 4/1/13
SUBJECT: Accept City Hall Roof Repair and Recover, Project 4C5- PF- 8R -12 -04
I. REFERENCE(S):
1. Vicinity Map
2. Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
04/01: MOTION: I move to approve Resolution No. 13` f wp accepting
the work performed by Leslie & Campbell, Inc., under contract
for the City Hall Roof Repair and Recover project.
III. FISCAL IMPACT:
Capital Improvement Fund
1V. HISTORY AND FACTS BRIEF:
A) On September 4, 2012, Council awarded the City Hall Roof Repair and Recover
project to Leslie & Campbell, Inc. for $223,190.38.
V. DISCUSSION:
A) The project involved selectively removing and infrlling portions of an existing
roofing system; installing a new recover board and single -ply membrane; and
removal and replacement/restoration of flashing and sheet metal as required.
B) The final project construction contract totalled $223,190.38. There were no
contract change orders and the project was completed on schedule.
C) The work is now complete and staff recommends City Council acceptance of this
work.
3(m)
VICINITY MAP
PRO JEUT
N 3RD
SITE)
NOT TO SCALE
RESOLUTION NO. � `AP
A RESOLUTION ACCEPTING WORK PERFORMED BY LESLIE & CAMPBELL,
INC., UNDER CONTRACT FOR THE CITY HALL ROOF REPAIR AND RECOVER,
PROJECT #C5- PF- 8R- 12 -04.
WHEREAS, the work performed by Leslie & Campbell, Inc., under contract for the City
Hall Roof Repair and Recover project has been examined by Engineering and has been found to
be in apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the
contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by Leslie & Campbell, Inc., under contract for the City Hall Roof Repair and Recover project, as
being completed in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 1 st day of April, 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
FOR: City Council
TO: Gary
FROM: Stan Strebel,
SUBJECT: Yard Sales
I. REFERENCE(S):
1. Proposed Ordinance
AGENDA REPORT
Manager j�]
March 26, 2013
Regular Mtg.: 4/1/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/1: MOTION: I move to adopt Ordinance No. relating to Yard Sale Permit
and Sign Regulations and, further, authorize publication by summary
only.
III. FISCAL IMPACT:
Eliminating the $5 yard sale permit fee will be a reduction of approximately $6,500
annually.
IV. HISTORY AND FACTS BRIEF:
Following discussion by Council on March 25, staff has deleted references in the PMC which
restrict the age of merchandise offered for sale [see Section 5.52.020(B)]. Staff also suggests the
sign size limit be 2 sq. ft. (as opposed to 1.5 sq. ft.).
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:
I. 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;
8(a)
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 No Fee 5.52.020
Yard Sale Sign Violation $50.00 17.050.020
Section
2. That Section
5.52.020 "Yard
Sales" of the Pasco Municipal Code be and the
same is hereby
amended to read
as follows:
5.52.020 YARD SALES.
A) Yard sales shall be limited to two such sales in each calendar year for each
individual household. Any No sale shall net be conducted for a eentiaueus period of more than
three two consecutive calendar days.
W__ 11 low 1911 IN
MMMINNNNIN
C) Any individual household before conducting any yard sale must have a permit.
Such a permit is obtained by making mitten application at least 24 -hours prior to
commencement of the sale, at the Finance office or to t'ro a e Gity Clerk online at the City's website
(permit application). The application must be signed made by a member of the individual
household eighteen years of age or older and shall describe the type of matefi l to h„ Oe'a the
location and date o h and the l f n F material a than months r, h,
S f the Sale, :, » , -- :$clxx�ox aixy- xTxaccx2u!c ovv' ix°° caza°. a: r- crcraratie-rravmris- vvxxzcrr�o
te be offered for sale.
D) Upon completion and approval of the application, a permit shall be issued
containing the information shown in the application. A permit shall not he «.,..,.wable ufi th.-t°
Elays after the expir-ation of the n Ye .mit and o fee a set forth in Chapter 3.07 F this a
No fee shall be required for each yard sale permits issued.
E) Any Permits issued under this section shall aet be restricted to properties zoned or
used for residential purposes as to leeatian because ofzoning fegUlations except that sueh sale
m••c eendueted 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, yard 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) Garage or 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) 12� No garage/yard sale sign shall be placed, affixed, stapled, glued, or
taped to any utility pole, subdivision fence, or any public property;
b) cl No gar-age/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
fl Yard sale sign area may not exceed 2 square feet per sign
g) 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 subiect to seizure.
Any person with a repeat violation of this subsection (5) "Yard Sale Signs" is
guilty of an infraction and subiect 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
AGENDA REPORT
FOR: City Council March 26, 2013
TO: Gary Crutch ity Manager Regular Mtg.: 4/1/13
Rick White,
Community & c omic Development Director��
FROM: Shane O'Neill, Planner I
SUBJECT: SPECIAL PERMIT (MF# SP 2013 -002): Location of a Private Bus Terminal in a
C -3 Zone
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3. Report to Planning Commission
4. Planning Commission Minutes: Dated 2/28/13 and 3/21/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/1: MOTION: I move to approve Resolution No. , approving the
special permit for the location and expansion of a private bus
terminal at 205 South 46' Avenue as recommended by the
Planning Commission.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On February 28, 2013, the Planning Commission conducted a public hearing to
determine whether or not to recommend a special permit be granted for the
location and expansion of a private bus terminal at 205 South 4a' Avenue.
B. Following the conduct of the public hearing, the Planning Commission reasoned
that with conditions, it would be appropriate to recommend approval of a special
permit for the bus terminal.
C. The recommended conditions are contained in the attached Resolution.
D. No written appeal of the Planning Commission's recommendation has been
received.
8(b)
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE
LOCATION OF A PRIVATE BUS TERMINAL AT 205 SOUTH 4TH AVENUE.
WHEREAS, Fronteras Travel, submitted an application for the location of a
private bus terminal at 205 South 4th Avenue (Tax Parcel 112- 041 -317); and,
WHEREAS, the Planning Commission held a public hearing on February 28,
2013 to review the proposed bus terminal; and,
WHEREAS, following deliberations on March 21, 2013 the Planning
Commission recommended approval of a Special Permit for the proposed bus terminal
with certain conditions; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to Fronteras Travel for the location of a bus
terminal in a C -3 (General Business) District under Master File # SP2013 -002 with
the following conditions:
a) The special permit shall apply to parcel 112- 041 -317.
b) Scheduled van service shall be limited to one arrival and one departure per day.
c) No van loading or unloading shall occur on 4th Avenue or Columbia Street.
d) Vans must be assisted across the sidewalk by one or more spotters when exiting
the site.
e) Passenger vans containing a maximum of thirty (30) seats may be permitted at the
site.
i) The applicant shall maintain all necessary governmental approvals and licenses
required for the operation of a transportation business.
g) The special permit shall be null and void if a City of Pasco business license is not
continuously maintained.
Passed by the City Council of the City of Pasco this lst day of April, 2013.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
I
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 2013 -002
HEARING DATE: 2/28/13
ACTION DATE: 3/21/13
APPLICANT: Griselda Melendez
516 S. 61h Street
Yakima, WA 99301
REQUEST: SPECIAL PERMIT: Location of a private bus terminal (Fronteras
Travel) ( Griselda Melendez) (205 S. 4th Avenue)
1. PROPERTY DESCRIPTION:
Legal: Lots 13 -17, Block 19, Gerry's Addition
General Location: 205 S. 4th Avenue
Property Size: 14,300 square feet
2. ACCESS: The site is adjacent to South 4th Avenue.
3. UTILITIES: Water and sewer services are located in the alley to the
east.
4. LAND USE AND
Business). Surr
NORTH- C -2
SOUTH- I -1
EAST- C -3
WEST- I -1
ZONING: The site is currently zoned C -3 (General
ounding zoning and land uses are as follows:
Farmer's Market parking lot
Vacant
&, C -2 Commercial /old motel
Golden Nugget nightclub
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for commercial uses. The Comprehensive Plan (Goal TR -2) encourages
the efficient use of multi -modal transportation systems, which would
include bus and van services for residents.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non - significance (DNS) has been issued for this project under WAC 197-
11 -158.
1
ANALYSIS
A private van /bus service has been operating at 205 S. 4th Avenue since 2009.
In 2012 the applicant obtained a special permit (MF# SP2012 -003) authorizing
the travel terminal to operate. The approving Special Permit Resolution #3400
condition (e) limits the seating capacity of pick -up vans to 25 seats.
Since the Special Permit was issued it was discovered that the passenger van
being used contained thirty (30) seats. To address this discrepancy the
applicant removed five (5) seats within the passenger van and continued
operations. At this time the applicant wishes to revise their Special Permit to
allow a 30- passenger van to be used for on -site loading and unloading. The
proposed revision is not intended to affect the size of the vehicle being used;
rather the revision will allow the applicant to add the five passenger seats back
into the van. All other aspects of operations will be the same as described in
the staff report for Master File #SP2012 -003.
To briefly review details outlined in the previous report, the van /bus service at
205 S. 4th Avenue schedule includes one arrival and one departure per day,
seven days per week. The departing van leaves the site at 7:00 am and arrives
at 7:00 pm. The scheduled arrival and departure times are the company's
advertised schedule. If no tickets have been sold, no stops are made in Pasco.
During the winter months when ridership is down vans do not arrive or depart
from the site on a daily basis. Their vehicle fleet includes 15- passenger vans,
25- passenger (currently requested to be 30- passenger) vans and 51- passenger
buses. Twenty -five passenger vans (currently requested to be 30- passenger) are
the primary vehicles used by Fronteras Travel to transport passengers to
Yakima where a 51- passenger bus provides connections to other states.
No changes to the site or building are planned as a result of the bus service to
and from the Fronteras Travel office at 205 S. 4th Avenue.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report
and comments made at the public hearing. The Planning Commission may
add additional findings as deemed appropriate.
1.
The site
is located in
a C -3 (General
Business) zone.
2.
The site
is located at
205 S. 4th Avenue.
3.
There
is
currently
a van ticket
office
located at 205 S. 4th Avenue.
2
4. The applicant has plans to continue to operate a regularly scheduled van
service from an existing ticket office at 205 S. 4th Avenue.
5. Scheduled departures will occur at 7:00 a.m. every day of the week.
6. Scheduled arrivals will occur at 7:00 p.m. every day of the week.
7. Thirty - passenger vans are the primary vehicles used in the proposed van
service.
8. The passenger vans used are approximately 24.5 feet in length.
9. Private operator carriers, charter or transit buses, vans and similar
businesses are listed as unclassified uses in PMC 25.86.020.
10. Unclassified uses require review through the special permit process
before locating in the community.
11. Private bus /van companies have been permitted by special permit to
locate in other commercial zoning districts on N. 4th Avenue, Lewis Street
and Sylvester Street.
12. No alterations are planned for the office or site.
13. The site has a small on -site parking area that can be used for passenger
loading and unloading.
14. The on -site parking and loading area is shared with a wholesale produce
business.
15. The wholesale produce business utilizes large trucks for receiving and
delivering produce.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit, the Planning
Commission must draw its conclusion from the findings of fact based upon the
criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are
as follows:
1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The site is designated by the Plan for commercial uses. The Plan also
encourages the efficient use of multi -modal transportation systems. The van
service would be considered part of the multi -modal transportation system.
2) Will the proposed use adversely affect public infrastructure?
The site is developed with all municipal utility services. No building additions
or alterations are planned that would increase demands on the utility system.
Fourth Avenue is a designated arterial street and has been constructed to
arterial street standards to carry more traffic and heavier loads as compared to
local access streets. The addition of a van on 4+h Avenue at off peak travel times
ki
is not anticipated to generate significant demands on the surrounding street
system.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The intended character of the area includes the development of various
commercial enterprises. The proposed use is a commercial activity. No changes
to the building or site are planned as a result of the proposed van service.
4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof
The location and height of the structures on -site will not change as a result of
the proposed van service. The property will continue to be used for commercial
purposes.
5) Will the operations in connection with the proposal be more objectionable
to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
The proposed van service will create no more noise, vibrations, and fumes than
the semi - trucks and delivery trucks used by the produce business located on
the site.
6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way will become a nuisance to uses
permitted in the district?
The on- street parking area directly in front of 205 South 4+h Avenue is about 37
feet long. On- street parking of a passenger van along with the loading and
unloading of passengers and luggage on a public sidewalk may lead to the
creation of a nuisance situation twice a day. This problem can be resolved by
requiring all vans to load and unload on private property.
0
APPROVAL CONDITIONS
1. The special permit shall apply to parcel 112041317.
2. Scheduled van service shall be limited to one arrival and one departure
per day.
3. No van loading or unloading shall occur on 4th Avenue or Columbia
Street.
4. Vans must be assisted across the sidewalk by one or more spotters when
exiting the site.
5. Passenger vans containing a maximum of thirty (30) seats may be
permitted at the site.
6. The applicant shall maintain all necessary governmental approvals and
licenses required for the operation of a transportation business.
7. The special permit shall be null and void if a City of Pasco business
license is not continuously maintained.
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions therefrom as contained in the March 21, 2013
staff report.
MOTION for Recommendation: I move based on the findings
of fact and conclusions as adopted the Planning Commission
recommend the City Council grant a special permit to Fronteras
Travel for the location of a private van transportation business at
205 S. 4th Avenue with conditions as listed in the March 21,
2013 staff report.
5
Planning Commission Minutes
2/28/2013
A. Special Permit Location of a private bus terminal (Griselda
Melendezl (MF# SP 2013 -002)
Chairwoman Kempf read the master file number and asked for comments from staff.
Rick White, Community 8v Economic Development Director, discussed the special
permit application for the location of a private bus terminal. This applicant was
issued a special permit in 2012 for the location of a private bus terminal; however one
of the conditions in that special permit was that the passenger bus would be limited to
25 passengers. After the permit was approved and operations were underway, City
Code Enforcement discovered that a 30 passenger bus was being used and
recommended that the applicants amend the special permit, which they have made
applications to do. All other operations assigned to this special permit are the same as
they were in the 2012. The size of the bus will not change; it will simply allow for the
re- installation of seating that was taken out in order to comply with the 2012 list of
conditions.
Commissioner Hilliard asked the applicant if they were in agreement with the
conditions.
The applicant answered that they were
Jose Torres, 205 S. 41h Avenue, spoke on behalf of his application and for the owner,
Griselda Melendez. He stated that there was a misunderstanding in the conditions of
the original special permit. They thought they were only allowed 25 people on the bus
at a time and didn't realize that the bus couldn't have seating for over 25 people.
Once Code Enforcement discovered this, they removed the additional seating to
currently operate in compliance.
With no further comments the public hearing closed.
Commissioner Khan moved, seconded by Commissioner Hilliard, to close the public
hearing and schedule deliberations, the adoption of findings of fact, and development
of a recommendation for City Council for the March 21, 2013 meeting. The motion
passed unanimously.
Planning Commission Minutes
3/21/2013
A, Special Permit Location of a private bus terminal (Griselda
Melendez) (MF# SP 2013 -002)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, stated there were no
additional comments since the previous meeting.
Commissioner Anderson moved, seconded by Commissioner Greenaway, to adopt the
findings of fact and conclusions therefrom as contained in the March 21, 2013 staff
report. The motion passed unanimously.
Commissioner Anderson moved, seconded by Commissioner Greenaway, based on the
findings of fact and conclusions as adopted the Planning Commission recommend the
City Council grant a special permit to Fronteras Travel for the location of a private van
transportation business at 205 S. 4th Avenue with conditions as listed in the March 21,
2013 staff report. The motion passed unanimously.
Mr. White explained that this will go to City Council at their next regular meeting
unless an appeal is filed.
AGENDA REPORT
TO: City Counci
FROM: Gary Crutch Manager
SUBJECT: Regionalizatio of Emergency Communications
I. REFERENCE(S):
1. Resolution No. 3369
2. Proposed Interlocal Agreement
March 28, 2013
Regular Mtg.: 4/1/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/1 MOTION: I move to
approve the interlocal
agreement for
regionalization of the
emergency
communication systems
within Benton
and Franklin Counties.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) Benton and Franklin Counties operate separate 911 call centers and associated dispatch
operations within their respective counties. Benton's operation is governed
collectively by a board composed of representatives from cities and fire districts in
addition to a county representative. Franklin County continues to operate as a division
of the County Sheriff s department with no shared decision- making by using entities.
Benton's operation uses a VHF system for the fire service while law enforcement uses
an 800 mhz system. Franklin's system relies totally on VHF for the entire county.
Over the past several years, with rapidly expanding use of citizen's cell phones, the
emergency communication system has witnessed a growing number of communication
failures (for example, a 911 call from parts of Pasco automatically go to the Benton
911 center instead of Franklin County, causing serious delays in emergency response;
some parts of Pasco do not receive VHF communications, but do receive 800mhz
signals).
B) Franklin County Emergency Management obtained a grant two years ago to study the
potential for regionalization of the two communication systems. The study (by E -Gov)
resulted in findings in fall 2011 that regionalizing the system would result in: improved
emergency response to citizen emergency calls; improved safety of law enforcement
responders; and reduced overall public cost by eliminating some of the duplication
inherent in the current operations. The Pasco City Council, like many other agencies
throughout Benton and Franklin Counties, endorsed the concept of realizing the
benefits of regionalization (see Resolution No. 3369), but stopped short of creating a
plan for action.
V. DISCUSSION:
A) Earlier in 2012, Franklin County obtained a tentative commitment from the state E91 1
agency to provide funds for the two counties to develop an action plan for
regionalization of the two separate systems (the state encourages fewer regional 911
centers rather than one or more in each county). The $100,000 grant offers the funding
necessary to gather a collective effort by those most affected by the objective (the two
counties and three major cities represent 90% of the bi- county population use and cost
of operation). Over the past year, a "steering committee" (composed of one
commissioner from each county and the city manager of each of the three cities) has
developed an interlocal agreement by which the five agencies can determine the
financial and governance provisions of a long -term agreement for regionalization of the
system. That work should be completed by the end of this year, so an action plan can
be implemented in 2014, assuming all five jurisdictions support the long-term
agreement.
B) The attached short -term (2 -year) agreement is recommended for approval by the City
Council, not that all other participating jurisdictions have indicated their support.
10(a)
RESOLUTION NO. 33te t
A RESOLUTION ENDORSING A REGIONAL EMERGENCY
COMMUNICATIONS SYSTEM AND URGING THE GOVERNING BODIES OF
PUBLIC SAFETY AGENCIES WITHIN FRANKLIN COUNTY TO IMPLEMENT
SUCH A SYSTEM IN CALENDAR YEAR 2012.
WHEREAS, e -Gov, a qualified consultant, has studied the existing, separate emergency
communication systems used in each of Benton and Franklin Counties and has concluded that
combining the two systems under a single regional governance structure could improve emergency
response capabilities in both counties and reduce the combined cost of the existing system; and
WHEREAS, the emergency communications system provided currently by Franklin County
cannot provide the scope and quality of emergency communication capability needed to serve the
growing urban population center in Pasco, representing more than 80% of the entire population of
Franklin County; and
WHEREAS, both the Pasco Fire Chief and the Pasco Police Chief have each reviewed the e-
Gov study and concluded that emergency services to citizenry as well as emergency responder safety
will be improved by combining the communication systems under a single regional governance and
central emergency call center; and
WHEREAS, evaluation of the present cost of emergency communication services compared
to a combined regional system indicates that the cost of such services for Pasco and Franklin County
would likely decrease; NOW, THEREFORE, BE IT RESOLVED:
Section 1: That the City Council of the City of Pasco hereby endorses the concept of a single
regional emergency communications system as envisioned in the e -Gov study.
Section 2: That the City Council of the City of Pasco hereby urges the governing bodies of
public safety agencies within Franklin County to take all steps necessary and appropriate to make
available such a regional system, including 800 MHz communications for Pasco law enforcement,
before the close of calendar year 2012.
Section 3: That the Pasco City Manager is hereby directed to take all steps necessary and
appropriate to prepare for participation in a regional system, including 800 MIIz for law enforcement
operations, by the close of calendar year 2012.
PASSED by the City Council of the City of Pasco at its regular meeting this 17th day of
January, 2012.
Matt Watkins, Mayor
ATT €ST:
Debra L Clark, City Clerk
APPROVED S TO FORM:
Leland B. Kerr, City Attorney
INTERLOCAL AGREEMENT
(MATRICS)
This agreement is entered into by and between Benton County and Franklin County, each
being political subdivisions of the State of Washington, and the cities of Kennewick, Pasco and
Richland, each being municipal corporations of the State of Washington, all hereinafter referred
to as -Jurisdictions," for the purpose of working toward a regionalization of the emergency
communications system (ECS) within Benton and Franklin Counties, on this day of
2013.
WHEREAS, the Emergency Communication Systems in Benton and Franklin Counties
were recently studied by a consultant (E -Gov) and the E -Gov report recommends regionalization
of the two existing systems under a single form of governance and operation, citing improved
emergency response to citizens, improved safety and effectiveness for emergency responders,
and reduced overall public costs for taxpayers; and
WHEREAS, Benton and Franklin Counties, on behalf of all citizens of the two counties,
desire to realize the benefits of regionalization and have obtained a $100,000 grant from the state
of Washington to employ professional and experienced assistance to design an appropriate
implementation plan to regionalize the emergency communication system within the two
counties; and
WHEREAS, Benton County, Franklin County, and the cities of Kennewick, Pasco and
Richland collectively represent 90% of the emergency communication system use, and its
financial support, and will require direct involvement in the design and implementation of a plan
to ensure reduced overall public costs for taxpayers as well as the most effective transition for
citizens and responders alike; and
WHEREAS, the Interlocal Cooperation Act, RCW Chapter 39.34, authorizes municipal
corporations to make the most efficient use of their powers by enabling them to cooperate with
each other on the basis of mutual benefit through the execution of interlocal cooperation
agreements; NOW THEREFORE
Section 1. Purpose. The purpose of this joint effort is to use qualified contract personnel
to assist in the design of a plan of a regionalized emergency communication (E -911) system
throughout Benton and Franklin Counties, consisting of a single governance and operational
structure, as generally outlined but not strictly constrained by the recommendations in the E -Gov
study at the soonest time practicable.
Section 2. Steering Committee. To provide direction in the design of the plan, there
shall be a Steering Committee consisting of one representative from each of the jurisdictions
participating in this agreement. Such representation shall be fulfilled by the Chief
Administrative Officer or equivalent designated in writing by the respective jurisdiction
Jurisdictional cooperation and good faith are essential to creating an effective, broadly supported
regional emergency communication system. Therefore, reasonable effort will be made to ensure
Interlocal Agreement —Page 1 of 6
Regionalization of Emergency Communication Systems within Benton and Franklin Counties
03/20/2013
the concerns of individual jurisdictions are fully addressed. Accordingly, the Steering
Committee will endeavor to make its decisions by consensus; provided, however, where
consensus is not achievable, the decision shall be made by supermajority (four) of the full
membership of the Steering Committee.
Section 3. Advisory Committee. There shall exist an Advisory Committee of the
following composition: the Police Chief from each participating city; the Fire Chief from each
participating city; the Sheriff from each participating county; and one additional representative
nominated by the fire districts within and appointed by each participating county. The Advisory
Committee shall advise the Steering Committee on all matters referred to the Advisory
Committee, including the design, cost allocations, technical considerations and resources
required to implement the plan.
Section 4. State Grant. The cost of contract personnel to design and facilitate a plan of
the regionalization shall be allocated to the $100,000 grant from Washington State (copy
attached). All expenditures shall require prior authorization by the Steering Committee. If any
monies are unspent from the planning process, then those unspent monies shall be used to
implement the plan of regionalization of the ECS.
Section 5. Administrative Support. Administration of the state grant and all contracts
necessary to fulfill the purpose of this agreement and approved by the Steering Committee will
be administered by Franklin County. As resources allow, the City of Richland will provide
administrative support to the Steering and Advisory committees, so as to ensure timely meetings,
appropriate meeting space, and associated clerical and record services.
Section 6. Objectives /Criteria.
A. The Steering Committee shall endeavor to accomplish a regionalization plan of the
current E -911 system by September 30, 2013. In particular the following plan
milestones are hereby prescribed:
a. Cost - benefit analysis, including value of existing system infrastructure, by July
2013.
b. Interlocal agreement for regional communication system, by July 2013.
c. Once the regionalization agreement is ratified by the Jurisdictions the following
objectives will be completed as close to the respective timeline as is practicable:
1. Bi- County PSAP (Public Safety Answering Point) operational by December
2013.
2. Complete migration to a regional system by December 31, 2014
B. In designing the interlocal agreement for regionalization of the emergency
communication system and the implementation plan, the committees shall utilize
existing work products and give full consideration to the following criteria:
a. Operational effectiveness
b. Cost effectiveness
c. Sustainability and reliability of communication systems
Section 7. Indemnification. Each Party shall defend, indemnify and hold the other
Parties, their officers, officials, employees and volunteers harmless from any and all claims,
Interlocal Agreement — Page 2 of 6
Regionalization of Emergency Communication Systems within Benton and Franklin Counties
®3/2®/2613
injuries, damages, losses or suits, including attorney fees, resulting from or arising out of
negligent acts or omissions relating to or in connection with the performance of this Agreement.
Section 8. Actions Contesting Agreement. Each party shall appear and defend any
action or legal proceeding brought to determine or contest: (i) the validity of this Agreement
and /or (ii) the legal authority of any party to undertake the activities contemplated by this
Agreement. If all parties to this Agreement are not named as parties to the action, the party
named shall give the other parties prompt notice of the action and provide the others an
opportunity to intervene. Each party shall bear any costs and expenses taxed by the court against
it; any costs and expenses assessed by a court against all member jurisdictions jointly shall be
shared equally.
Section 9. Notice. Any notice or other communication given hereunder shall be deemed
sufficient, if in writing and delivered personally to the addressee, or sent by certified or
registered mail, return receipt requested, addressed as follows, or to such other address as may be
designated by the addressee by written notice to the other party:
To Benton County:
Board of Commissioners
Benton County
P.O. Box 190
Prosser, WA 99352
To Kennewick:
City Manager
City of Kennewick
PO Box 6108
Kennewick, WA 99336
To Franklin County:
Board of Commissioners
Franklin County
1016 N. 4°i Avenue
Pasco, WA 99301
To Pasco: To Richland:
City Manager City Manager
City of Pasco City of Richland
525 North 3rd Avenue P.O. Box 190
Pasco, WA 99301 Richland, WA 99352
Section 10. Severabitity. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. Any provision of
this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair, or
invalidate any other provisions hereof, and such other provisions shall remain in full force and
effect. Notwithstanding the foregoing, this Agreement shall be subject to re- negotiation as
provided in this Agreement.
Section 11. Entire Agreement. This Agreement contains the entire understanding
between the parties and supersedes any prior understandings and agreements between them
regarding the subject matter hereof. There are no other representations, agreements, or
understandings, oral or written, between the parties hereto relating to the subject matter of this
Agreement. No amendment of, or supplement to, this Agreement shall be valid or effective
unless made in writing and executed by the parties hereto.
Section 12. Dispute Resolution: Should any dispute arise concerning the interpretation,
enforcement, breach or default of this Agreement, the parties shall first meet in good faith and
attempt to resolve or mediate the dispute. In the event it remains unresolved by mediation, the
Interlocal Agreement — Page 3 of 6
Regionalization of Emergency Communication Systems within Benton and Franklin Counties
03/20/2013
dispute shall be resolved by final and binding arbitration pursuant to RCW 7.04A, the Mandatory
Rules of Arbitration, but with no right of appeal. The arbitration shall be conducted by a single
arbitrator selected by mutual agreement of the parties or, failing such agreement, the arbitrator
shall be selected by the then presiding judge of the Franklin County Superior Court. Venue for
such arbitration shall be placed in Franklin County, Washington, and the prevailing party shall be
awarded its attorney fees and costs as additional judgment against the other.
Section 13. Captions. The section and paragraph captions used in this Agreement are for
convenience only and shall not control or affect the meaning or construction of any of the
provisions of this Agreement.
Section 14. Duration and Termination. The terms of this Agreement shall be for a
period of two (2) years. The Agreement shall take effect on April 1, 2013 or as soon thereafter
as all of the following events have occurred:
A. Approval of the Agreement by the official action of the governing bodies of each of
the parties hereto.
B. Execution of the Agreement by the duly authorized representative of each of the
parties hereto.
C. Filing a copy of this Agreement with the Franklin County Auditor.
Any party may elect to terminate this Agreement by written notice of such termination to all
other parties delivered by regular mail to the contact person identified herein; provided,
termination shall be effective no sooner than 30 days following receipt of written notice and shall
not relieve the terminating party of any financial obligations incurred prior to the date of
termination.
Section 15. Interlocal Cooperation Act Provision. It is not the intention of this
Agreement that a separate legal entity be established to conduct the cooperative undertaking, nor
is the acquisition, holding, or disposing of real or personal property anticipated. Each
jurisdiction shall be responsible for the supervision, direction and control of its employee
participating in the performance of this Agreement. In compliance with RCW 39.34.040, this
Agreement shall be listed by subject on the website of one or more of the participating
jurisdictions, or other- electronically retrievable public source.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written.
Interlocal Agreement — Page 4 of 6
Regionalization of Emergency Communication Systems within Benton and Franklin Counties
COUNTY OF BENTON
County Commissioner
County Commissioner
County Commissioner
COUNTY OF FRANKLIN
County Commissioner
County Commissioner
County Commissioner
ATTEST:
County Clerk to the Board
Approved As To For n:
Prosecuting Attorney, Deputy
ATTEST:
County Clerk to the Board
Approved As To Form:
Prosecuting Attorney, Deputy
Interlocal Agreement — Page 5 of 6
Regionalization of Emergency Communication Systems within Benton and Franklin Counties
03/20/2013
CITY OF KENNEWICK
Mayor
CITY OF PASCO
Mayor
CITY OF RICHLAND
Mayor
ATTEST:
City Clerk
Approved As To Fonn:
City Attorney
ATTEST:
City Clerk
Approved As To Form:
City Attorney
ATTEST:
City Clerk
Approved As To Form:
City Attorney
Interlocal Agreement — Page 6 of 6
Regionalization of Emergency Communication Systems within Benton and Franklin Counties
03/2®/200
AGENDA REPORT NO. 10
FOR: City Council r, March 26, 2013
TO: Gary Crutchfiee Manager
Ahmad Qayoumi, P 1 -c Works Director
FROM: Michael A. Pawlk, City Engineer Regular Mtg.: 4/1/13
SUBJECT: Bid Award: USBR Irrigation Connection
Project #C I- 11- 14 -IRR
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
04/01: MOTION: I move to award the low bid for the USBR Irrigation
Connection Project to Premier Excavation in the amount of
$1,748,815.71, including applicable sales tax, and further,
authorize the Mayor to sign the contract documents.
Ill. FISCAL IMPACT:
State Ecology Grant (100 %)
IV. HISTORY AND FACTS BRIEF:
A) This project will provide the City with a 16 -Inch Irrigation Transmission Line
from the Columbia River Intake along Harris Road and Broadmoor Blvd. to
Sandifur Parkway to serve the irrigation needs of NW Pasco. The project consists
of more than 12,500 LF of 8 -In., 12 -In., and 16 -1N. diameter irrigation pipe and
assemblies, and a booster pump station including necessary electrical and
instrumentation control systems.
B) The City Council approved the professional services agreement with Murray
Smith & Associates for the design of the new 16 -inch irrigation line on December
19, 2011.
C) The project was advertised on February 17, 2013, February 24, 2013 and March 3,
2013, with a bid opening on March 26, 2013.
V. DISCUSSION:
A) On March 26, 2013, the City received six (6) bids for the project. The low bid
was received from Premier Excavation in the amount of $1,748,815.71, including
applicable sales tax. The second lowest bid was received from Rotschy, Inc. in
the amount of $1,784,168.77, including applicable sales tax.
B) The Engineer's Estimate provided by the City's consultant (Murray, Smith and
Associates) was $2,017,462.20, including applicable sales tax.
C) Staff recommends award of the contract to Premier Excavation.
10(b)
USBR IRRIGATION CONNECTION
#C1- 11- 14 -IRR
"'il izoWS&/: \7
City of Pasco
USBR Irrigation Connection
Project No. C1- 11- 14 -IRR
March 26, 2013
BID SUMMARY
Engineers Estimate
Premier Excavation
Rotschy, Inc.
Apollo, Inc.
Tapani, Inc.
Sharpe & Preszler Construction Co., Inc.
Mahaffey Enterprises
$25017,462.20
$1,748,815.71
$15784,168.77
$1,845,745.94
$15932,895.38
$2,2355121.90
$2,2381402.38