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2023.08.15 PPFD Meeting Packet
Pasco Public Facilities District Board Building Regional Facilities through Community Partnerships AGENDA 4:00 PM - Tuesday, August 15, 2023; Pasco City Hall, Council Chambers REMOTE MEETING INSTRUCTIONS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 1:00 p.m. on the day of each meeting. To listen to the meeting via phone, call (562) 247-8422 and use access code 990-372-793. PPFD Board meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Page I. Welcome, Call To Order, and Roll Call II. Recognition of Visitors/Public Comments - This item is provided to allow the public the opportunity to bring items to the attention of the Pasco Public Facilities District Board or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Board over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Public comments will normally be limited to three minutes by each speaker. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the PPFD Board outside of formal meetings. III. Approval of Minutes 4 - 7 A. Approve PPFD Board Meeting Minutes MOTION: I move to approve the PPFD Board minutes from the July 18, 2023, meeting. IV. Claims Approval 8 A. Approval of PPFD Monthly Expenses MOTON: I move to approve the July 2023 PPFD Expenses in the amount of $112,745.25. V. Financial Report 9 - 10 A. July 2023 Balance Sheet, Cash Flow Budget Analysis (Darcy Buckley) 11 - 16 B. Sales Tax Distribution Collection by Sector (Darcy Buckley) Page 1 of 50 C. Arrangement with Kennewick PFD (Darcy Buckley & Eric Ferguson) VI. Reports from Committees A. Design & Construction Committee (Marie Gillespie & Mark Morrissette; Alternate Spencer Jilek) B. Audit & Finance Committee (Mark Morrissette & Caroline Bowdish; Alternate Spencer Jilek) VII. Old Business VIII. New Business 17 - 29 A. Resolution No. 2023-09 – Interagency Agreement with Washington State Department of Commerce (Matt Watkins) MOTION: I move to approve Resolution No. 2023-09, approving an interagency agreement with Washington State Department of Commerce to complete a Financial Feasibility Review, funding approval, and further, authorize the PPFD Executive Director to execute the agreement documents. 30 - 50 B. Resolution No. 2023-10 – Request for Qualifications for a Progressive Design-Builder (Wenaha Group & Matt Watkins) MOTION: I move to approve Resolution No. 2023-10, approving the posting for Progressive Designer-Builder Request for Qualifications, and have the Selection Team bring the top proposal forward for consideration and approval. IX. Other Business A. Owner’s Representative Report (Wenaha Group) B. PPFD Executive Director Report (Matt Watkins) 1. Bonding Update 2. Campus Concept Update 3. Board Member Reappointment 4. Board Member Contact Information C. Next PPFD Board Meeting Scheduled for Tuesday, September 19, 2023. X. Executive Session Page 2 of 50 XI. Adjournment Page 3 of 50 Pasco Public Facilities District Board MINUTES 4:00 PM - Tuesday, July 18, 2023; Pasco City Hall, Council Chambers WELCOME, CALL TO ORDER, AND ROLL CALL Pasco Public Facilities District (PPFD) President Morrissette welcomed members of the audience and called the meeting to order at 4:01 PM. Board Members Present: President Mark Morrissette, Secretary/Treasurer Caroline Bowdish, Board Member Leonard Dietrich, and Board Member Spencer Jilek Board Members Absent: Vice President Marie Gillespie Board Staff Present: PPFD Executive Director Matt Watkins; Owner's Representative Heath Gardner City Council & Staff Present: Council Liaison Craig Maloney, City Attorney Eric Ferguson, Interim Administrative & Community Services Director Jesse Rice, and City Clerk Debby Barham RECOGNITION OF VISITORS/PUBLIC COMMENTS No public comments were given. APPROVAL OF MINUTES Approve PPFD Board June 20, 2023 Meeting Minutes MOTION: Mr. Dietrich moved to approve the PPFD Board minutes from the June 20, 2023 meeting. Dr. Jilek seconded. Motion carried unanimously. CLAIMS APPROVAL Approval of June 2023 PPFD Expenses Ms. Buckley provided a brief overview of the June claims. Ms. Bowdish arrived to the meeting at 4:06 PM. MOTION: Dr. Jilek moved to approve the June 2023 PPFD Expenses for a total of $99,953.00. Mr. Dietrich seconded. Motion carried unanimously. Page 1 of 4Page 4 of 50 FINANCIAL REPORT June 2023 Balance Sheet, Budget Performance Report and Monthly Cash Flow Budget Analysis Ms. Buckley provided a brief report related to the June 2023 Financial Reports. Mr. Ferguson arrived at 4:08 PM. The PPFD Board and Ms. Buckley briefly discussed the financial reports. OLD BUSINESS Alternative Contracting PRC Review, July 27, 2023, 1 p.m. (Heath Gardner & Matt Watkins) Mr. Watkins and Mr. Gardner reported that the PPFD Design & Construction Committee and City staff have been working diligently on preparing the request to the Washington State Department of Commerce (Commerce) CPARB -PR. The goal is for Commerce to approve the use of the Progressive Design Build process for the PPFD Aquatic Facility. Mr. Watkins noted that Robyne Thaxton was hired as the legal counsel for the PPFD and is assisting with the approval of the Progressive Design Build process. The PPFD Board and staff further discussed the upcoming meeting with Commerce for the approval of the Progressive Design Build process. Special Counsel RFQ Update (Heath Gardner and Matt Watkins) Mr. Gardner provided a brief overview of the two responses to the Request for Qualifications for Special Counsel and the selection of Ms. Thaxton as outside legal counsel for the Progressive Design Build request process. The PPFD will prepare and provide Ms. Thaxton with an engagement letter to retain her services. Mr. Watkins provided a brief background of Robyne Thaxton's credentials and noted that she will be retained as outside counsel through the opening of the aquatic facility. The PPFD Board and staff discussed the Progressive Design Build process. Page 2 of 4Page 5 of 50 NEW BUSINESS PPFD Committee Backups (Matt Watkins) Mr. Watkins commented that the two standing committees are performing well and now it was time to consider a backup member for each committee. He suggested that Dr. Jilek be a backup member for both committee to fill in when a regular committee member is unable to attend a committee meeting. MOTION: Mr. Dietrich moved to add an alternate member to both standing committees and recommended Spence Jilek as the alternate member for both committees. Ms. Bowdish seconded. Motion carried unanimously. OTHER BUSINESS Owner’s Representative Report (Heath Gardner) Mr. Gardner provided a graphic from a recent training he and Mr. Watkins attended, which was a deep dive into the Progressive Design Build process. PPFD Executive Director Report Mr. Watkins noted that he had distributed laminated copies of the Decision Making Chart to the PPFD Board. This chart was approved at the June 20, 2023 PPFD Board Meeting. Mr. Watkins reported on the following: • The recent eight-hour Progressive Design Build Training taught by Ms. Thaxton. • The status of the Broadmoor property and campus concept with community partners (City of Pasco, Ben Franklin Transit, Mid -Columbia Libraries, as well as a possible hotel). • Determination of the amount of acreage needed for the aquatic facility. • The purchase of property, which should occur in late September/early October 2023, Mr. Watkins commented that he was working on the Department of Commerce review and the bonding planning with more to follow at the next meeting . Lastly, he announced that as of next month he will have been working for the PPFD for one year. He stated that he will provide a report of his accomplishments to date and his goals for the next year to the Audit & Finance Committee. The Committee will complete Mr. Watkins annual performance review. Mr. Morrissette asked Ms. Buckley to review the operating budget for staff compensation and the capital budget for the purchase the land. Page 3 of 4Page 6 of 50 The next PPFD Board Meeting is scheduled for Tuesday, August 15, 2023. ADJOURNMENT There being no further business, the meeting was adjourned at 5:05 pm. PASSED AND APPROVED THIS ___ DAY OF __________, 20__ APPROVED: Mark Morrissette, President Debra Barham, CMC Page 4 of 4Page 7 of 50 G/L Date Journal Type Description/Project Source Budget Invoice Number Invoice Date Payment Number 124237 7/21/2023 257839 Invoice Number Invoice Date Payment Number 17959 6/27/2023 257307 7/3/2023 JE PFD Admin Svcs July 2023 Invoice Number Invoice Date Payment Number JULY 2023 7/5/2023 257306 Invoice Number Invoice Date Payment Number 3464 6/8/2023 257531 3489 7/9/2023 257531 Grand Total: $112,745.25 Month Total: July 2023 $33,940.80 Total: $33,940.80 WENAHA GROUP INC SERVICES FOR PPFD/AQUATIC CENTER Check $26,021.80 $26,021.80 WENAHA GROUP INC SERVICES FOR THE PFD/AQUATIC CENTER Check $7,919.00 $7,919.00 Vendor Description Payment Type Amount Distribution Amount G/L Account Number: 931.13.590-54.4541 Professional Services Month Total: July 2023 $77,265.60 Total: $77,265.60 KENNEWICK PUBLIC FACILITIES DISTRICT PFD SALES TAX REC'D BY PASCO AND SENT TO KEN FOR JUNE 23 Check $67,765.60 $67,765.60 Vendor Description Payment Type Amount Distribution Amount G/L Account Number: 931.13.590-54.4540 Organizational Services 2023-00003376 GL $9,500.00 Month Total: July 2023 $1,504.00 Total: $1,504.00 KERR FERGUSON LAW PLLC PPFD LEGAL SERVICES Check $1,504.00 $1,504.00 Vendor Description Payment Type Amount Distribution Amount G/L Account Number: 931.13.590-54.4530 Legal Combined Services Month Total: July 2023 $34.85 Total: $34.85 SANDYS TROPHIES INC NAME PLATES FOR PFD BOARD MEMBERS/M.HOFSTETTER & H. GARDNER Check $34.85 $34.85 Vendor Description Payment Type Amount Distribution Amount Actual G/L Account Number: 931.13.590-53.3210 Forms Stationary Bus Cards CITY OF PASCO Expense Ledger Detail Listing From Date: 7/1/2023 - To Date: 7/31/2023 Journal Sub Ledger Reference Encumbrance user: Monica Hofstetter Pages 1 of 1 Monday, August 7, 2023Page 8 of 50 Current YTD Prior Year Account Account Description Balance Total Actual Net Change Change % Fund Category External Fund Type Fund 931 - Pasco Public Facility District ASSETS 10 10.1010 Cash 1,068,028.46 1.29 1,068,027.17 82,792,803.88 10 - Totals $1,068,028.46 $1.29 $1,068,027.17 82,792,803.88% 12 12.1210 Taxes Receivable - Sales .00 139,009.27 (139,009.27)(100.00) 12 - Totals $0.00 $139,009.27 ($139,009.27)(100.00%) ASSETS TOTALS $1,068,028.46 $139,010.56 $929,017.90 668.31% LIABILITIES AND FUND EQUITY LIABILITIES 21 21.2105 Accounts Payable 34.85 8,387.10 (8,352.25)(99.58) 21.2128 Due to Other Govt .00 150,120.00 (150,120.00)(100.00) 21.2225 A/P Year End Accrual .00 210,216.43 (210,216.43)(100.00) 21 - Totals $34.85 $368,723.53 ($368,688.68)(99.99%) LIABILITIES TOTALS $34.85 $368,723.53 ($368,688.68)(99.99%) FUND EQUITY 29 29.2900 Fund Balance (229,712.97)(229,712.97).00 .00 29 - Totals ($229,712.97)($229,712.97)$0.00 0.00% FUND EQUITY TOTALS Prior to Current Year Changes ($229,712.97)($229,712.97)$0.00 0.00% Prior Year Fund Equity Adjustment .00 Fund Revenues (1,710,427.01) Fund Expenses 412,720.43 FUND EQUITY TOTALS $1,067,993.61 ($229,712.97)$1,297,706.58 564.93% LIABILITIES AND FUND EQUITY TOTALS $1,068,028.46 $139,010.56 $929,017.90 668.31% Fund 931 - Pasco Public Facility District Totals $0.00 $0.00 $0.00 +++ Fund Type Totals $0.00 $0.00 $0.00 +++ Fund Category External Totals $0.00 $0.00 $0.00 +++ Grand Totals $0.00 $0.00 $0.00 +++ Page 1 of 1Run by Monica Hofstetter on 08/08/2023 10:39:10 AM Balance Sheet Through 07/31/23 Detail Listing Include Rollup Account/Rollup to Base Page 9 of 50 Cash Flow Budget Analysis Pasco Public Facilities District Reference A Beginning Balance (229,713) (161,299) (162,487) 131,952 448,369 862,135 1,192,407 1,543,592 1,754,382 1,977,882 1,701,382 1,648,382 Original Budget New Budget Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Revenues PPFD Retail Sales Tax (2/10th)3,250,000 - 4,866 326,941 323,051 422,197 371,959 391,186 325,000 325,000 325,000 325,000 325,000 Regional Retail Sales Tax 500,000 500,000 71,207 74,926 61,693 59,694 78,094 67,766 72,710 60,000 60,000 60,000 60,000 60,000 Pasco Subsidy PFD 20,000 20,000 1,667 1,667 1,667 834 - - - - - - - - Total Revenues 520,000 3,770,000 B 72,874 81,459 390,301 383,579 500,291 439,725 463,896 385,000 385,000 385,000 385,000 385,000 Expenses Advertising 500 1,500 - - - 568 - - - - - - 500 - Legal 1,200 12,000 918 1,440 936 - 331 1,859 1,504 1,000 1,000 1,000 1,000 1,000 Organization Service 500,000 500,000 - 71,207 74,926 61,693 59,694 78,094 67,766 72,710 60,000 60,000 60,000 60,000 Insurance Premium 3,150 3,542 3,542 - - - - - - - - - - - Professional Services 5,000 120,000 - 10,000 20,000 150 17,000 20,000 - 15,000 15,000 15,000 15,000 15,000 Wenaha 787,819 - - - - - - 33,941 26,000 26,000 26,000 26,000 26,000 Other Expenses 250,000 - - - - - - - 50,000 50,000 50,000 50,000 50,000 Design Costs 276,000 276,000 Property Purchase 500,000 Cost Allocation 12,000 108,000 - - - 4,750 9,500 9,500 9,500 9,500 9,500 9,500 9,500 9,500 Total Expenses 521,850 1,782,861 C 4,460 82,647 95,862 67,161 86,525 109,453 112,711 174,210 161,500 661,500 438,000 437,500 Net Revenue/(Expense)D 68,414 (1,188) 294,439 316,418 413,766 330,271 351,185 210,790 223,500 (276,500) (53,000) (52,500) E Ending Balance (161,299) (162,487) 131,952 448,369 862,135 1,192,407 1,543,592 1,754,382 1,977,882 1,701,382 1,648,382 1,595,882 Reference: A = Beginning Cash Available B = Monthly Revenues C = Monthly Expenses D = Monthly Net Revenue/(Expense) E = Ending Cash Available, based on actual or anticipated monthly activity BudgetActual Page 10 of 50 Row Labels Sum of Accumulation Amount Accommodation and Food Services 680.16$ Administrative and Support and Waste Management and Remediation Services 77.15$ Agriculture, Forestry, Fishing and Hunting 1.40$ Arts, Entertainment, and Recreation 42.39$ Construction 372.53$ Educational Services 0.16$ Finance and Insurance 11.28$ Health Care and Social Assistance 1.73$ Information 100.00$ Manufacturing 168.18$ Mining 0.02$ Other Services (except Public Administration)26.82$ Professional, Scientific, and Technical Services 57.43$ Real Estate Rental and Leasing 87.73$ Retail Trade 2,745.15$ Transportation and Warehousing 166.60$ Wholesale Trade 370.94$ (blank)0.28$ Grand Total 4,909.95$ Accumulation 4,909.95$ Pool 5.20$ Admin Fee (49.15)$ Distribution 4,866.00$ February 2023 Pasco Public Facilities District Local Tax Distribution Summary $680.16 $77.15 $1.40 $42.39 $372.53 $0.16 $11.28 $1.73 $100.00 $168.18 $0.02 $26.82 $57.43 $87.73 $2,745.15 $166.60 $370.94 $0.28 Total Accommodation and Food Services Administrative and Support and Waste Management and Remediation Services Agriculture, Forestry, Fishing and Hunting Arts, Entertainment, and Recreation Construction Educational Services Finance and Insurance Health Care and Social Assistance Information Manufacturing Mining Other Services (except Public Administration) Professional, Scientific, and Technical Services Real Estate Rental and Leasing Retail Trade Transportation and Warehousing Wholesale Trade (blank) Category NameSum of Accumulation Amount Page 11 of 50 Row Labels Sum of Accumulation Amount Accommodation and Food Services 24433.55 Administrative and Support and Waste Management and Remediation Services 8674.96 Agriculture, Forestry, Fishing and Hunting 379.57 Arts, Entertainment, and Recreation 1410.17 Construction 49282.66 Educational Services 337.92 Finance and Insurance 1444.9 Health Care and Social Assistance 1144.16 Information 9370.13 Management of Companies and Enterprises 0.29 Manufacturing 4462.21 Mining 20.25 Other Services (except Public Administration)8431.15 Professional, Scientific, and Technical Services 3965.46 Public Administration 97.44 Real Estate Rental and Leasing 7408.47 Retail Trade 156605.57 Transportation and Warehousing 10320.42 Wholesale Trade 33759.26 #N/A 7525.54 Utilities 137.47 Grand Total 329211.55 Accumulation 329,211.56$ Pool 1,031.42$ Admin Fee (3,302.43)$ Distribution 326,940.55$ March 2023 Pasco Public Facilities District Local Tax Distribution Summary 24433.55 8674.96 379.57 1410.17 49282.66 337.92 1444.9 1144.169370.13 0.29 4462.21 20.25 8431.15 3965.46 97.44 7408.47 156605.57 10320.42 33759.26 7525.54 137.47 Total Accommodation and Food Services Administrative and Support and Waste Management and Remediation ServicesAgriculture, Forestry, Fishing and Hunting Arts, Entertainment, and Recreation Construction Educational Services Finance and Insurance Health Care and Social Assistance Information Management of Companies and Enterprises Manufacturing Mining Other Services (except Public Administration) Professional, Scientific, and Technical Services Public Administration Real Estate Rental and Leasing Retail Trade Transportation and Warehousing Wholesale Trade #N/A Category NameSum of Accumulation Amount Page 12 of 50 Row Labels Sum of Accumulation Amount Accommodation and Food Services 25,161.42$ Administrative and Support and Waste Management and Remediation Services 7,565.65$ Agriculture, Forestry, Fishing and Hunting 162.02$ Arts, Entertainment, and Recreation 1,340.09$ Construction 43,579.85$ Educational Services 212.68$ Finance and Insurance 1,426.79$ Health Care and Social Assistance 840.18$ Information 6,588.61$ Management of Companies and Enterprises 0.52$ Manufacturing 5,071.67$ Mining 9.00$ Other Services (except Public Administration) 8,407.81$ Professional, Scientific, and Technical Services 3,983.05$ Public Administration 128.22$ Real Estate Rental and Leasing 9,145.78$ Retail Trade 165,124.63$ Transportation and Warehousing 10,289.02$ Utilities 155.96$ Wholesale Trade 28,257.44$ #N/A 7,944.45$ Grand Total 325,394.84$ Accumulation 325,394.84$ Pool 918.86$ Admin Fee (3,263.14)$ Distribution 323,050.56$ April 2023 Pasco Public Facilities District Local Tax Distribution Summary $25,161.42 $7,565.65 $162.02 $1,340.09 $43,579.85 $212.68 $1,426.79 $840.18 $6,588.61 $0.52 $5,071.67 $9.00 $8,407.81 $3,983.05 $128.22 $9,145.78 $165,124.63 $10,289.02 $155.96 $28,257.44 $7,944.45 Total Accommodation and Food Services Administrative and Support and Waste Management and Remediation ServicesAgriculture, Forestry, Fishing and Hunting Arts, Entertainment, and Recreation Construction Educational Services Finance and Insurance Health Care and Social Assistance Information Management of Companies and Enterprises Manufacturing Mining Other Services (except Public Administration) Professional, Scientific, and Technical Services Public Administration Real Estate Rental and Leasing Retail Trade Transportation and Warehousing Utilities Wholesale Trade #N/A Category NameSum of Accumulation Amount Page 13 of 50 Row Labels Sum of Accumulation Amount Accommodation and Food Services 30,484.64$ Administrative and Support and Waste Management and Remediation Services 13,572.39$ Agriculture, Forestry, Fishing and Hunting 245.61$ Arts, Entertainment, and Recreation 2,149.06$ Construction 75,629.67$ Educational Services 367.16$ Finance and Insurance 1,173.23$ Health Care and Social Assistance 454.96$ Information 7,552.00$ Management of Companies and Enterprises 7.60$ Manufacturing 7,142.91$ Mining 30.00$ Other Services (except Public Administration) 10,499.77$ Professional, Scientific, and Technical Services 5,609.05$ Public Administration 657.17$ Real Estate Rental and Leasing 11,530.79$ Retail Trade 194,294.98$ Transportation and Warehousing 11,903.35$ Utilities 163.24$ Wholesale Trade 39,309.33$ #N/A 12,269.21$ Grand Total 425,046.12$ Accumulation 425,046.12$ Pool 1,415.40$ Admin Fee (4,264.62)$ Distribution 422,196.90$ May 2023 Pasco Public Facilities District Local Tax Distribution Summary $30,484.64 $13,572.39 $245.61 $2,149.06 $75,629.67 $367.16 $1,173.23 $454.96 $7,552.00 $7.60 $7,142.91 $30.00 $10,499.77 $5,609.05 $657.17 $11,530.79 $194,294.98 $11,903.35 $163.24 $39,309.33 $12,269.21 Total Accommodation and Food Services Administrative and Support and Waste Management and Remediation Services Agriculture, Forestry, Fishing and Hunting Arts, Entertainment, and Recreation Construction Educational Services Finance and Insurance Health Care and Social Assistance Information Management of Companies and Enterprises Manufacturing Mining Other Services (except Public Administration) Professional, Scientific, and Technical Services Public Administration Real Estate Rental and Leasing Retail Trade Transportation and Warehousing Utilities Wholesale Trade #N/A Category NameSum of Accumulation Amount Page 14 of 50 Row Labels Sum of Accumulation Amount Accommodation and Food Services 29,647.05$ Administrative and Support and Waste Management and Remediation Services 16,568.16$ Agriculture, Forestry, Fishing and Hunting 317.47$ Arts, Entertainment, and Recreation 2,305.22$ Construction 46,144.47$ Educational Services 300.77$ Finance and Insurance 1,466.51$ Health Care and Social Assistance 378.33$ Information 6,435.80$ Management of Companies and Enterprises 2.43$ Manufacturing 5,671.07$ Mining 17.55$ Other Services (except Public Administration)10,061.27$ Professional, Scientific, and Technical Services 4,145.38$ Public Administration 354.05$ Real Estate Rental and Leasing 8,930.72$ Retail Trade 190,262.93$ Transportation and Warehousing 9,454.69$ Utilities 150.47$ Wholesale Trade 32,333.85$ #N/A 9,852.98$ Grand Total 374,801.17$ Accumulation 374,801.17$ Pool 915.20$ Admin Fee (3,757.16)$ Distribution 371,959.21$ June 2023 Pasco Public Facilities District Local Tax Distribution Summary $29,647.05 $16,568.16 $317.47 $2,305.22 $46,144.47 $300.77 $1,466.51 $378.33 $6,435.80 $2.43 $5,671.07 $17.55 $10,061.27 $4,145.38 $354.05 $8,930.72 $190,262.93 $9,454.69 $150.47 $32,333.85 $9,852.98 Total Accommodation and Food Services Administrative and Support and Waste Management and Remediation Services Agriculture, Forestry, Fishing and Hunting Arts, Entertainment, and Recreation Construction Educational Services Finance and Insurance Health Care and Social Assistance Information Management of Companies and Enterprises Manufacturing Mining Other Services (except Public Administration) Professional, Scientific, and Technical Services Public Administration Real Estate Rental and Leasing Retail Trade Transportation and Warehousing Utilities Wholesale Trade #N/A Category NameSum of Accumulation Amount Page 15 of 50 Row Labels Sum of Accumulation Amount Accommodation and Food Services 31,254.67$ Administrative and Support and Waste Management and Remediation Services 10,986.24$ Agriculture, Forestry, Fishing and Hunting 877.49$ Arts, Entertainment, and Recreation 2,190.65$ Construction 51,983.46$ Educational Services 342.01$ Finance and Insurance 1,846.38$ Health Care and Social Assistance 401.32$ Information 6,164.08$ Management of Companies and Enterprises 0.99$ Manufacturing 5,838.48$ Mining 3.01$ Other Services (except Public Administration)10,857.22$ Professional, Scientific, and Technical Services 4,027.43$ Public Administration 134.46$ Real Estate Rental and Leasing 9,828.78$ Retail Trade 202,469.62$ Transportation and Warehousing 8,213.93$ Utilities 172.67$ Wholesale Trade 37,654.49$ #N/A 9,158.72$ Grand Total 394,406.10$ Accumulation 394,406.10$ Pool 731.01$ Admin Fee (3,951.37)$ Distribution 391,185.74$ July 2023 Pasco Public Facilities District Local Tax Distribution Summary $31,254.67 $10,986.24 $877.49 $2,190.65 $51,983.46 $342.01 $1,846.38 $401.32 $6,164.08 $0.99 $5,838.48 $3.01 $10,857.22 $4,027.43 $134.46 $9,828.78 $202,469.62 $8,213.93 $172.67 $37,654.49 $9,158.72 Total Accommodation and Food Services Administrative and Support and Waste Management and Remediation Services Agriculture, Forestry, Fishing and Hunting Arts, Entertainment, and Recreation Construction Educational Services Finance and Insurance Health Care and Social Assistance Information Management of Companies and Enterprises Manufacturing Mining Other Services (except Public Administration) Professional, Scientific, and Technical Services Public Administration Real Estate Rental and Leasing Retail Trade Transportation and Warehousing Utilities Wholesale Trade #N/A Category NameSum of Accumulation Amount Page 16 of 50 Resolution – Interagency Agreement with Washington State Department of Commerce- 1 RESOLUTION NO. 2023-09 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD, APPROVING AN INTERAGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF COMMERCE TO COMPLETE A FINANCIAL FEASIBILITY REVIEW, FUNDING APPROVAL, AND FURTHER, AUTHORIZE THE PPFD EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT DOCUMENTS. WHEREAS, the Pasco Public Facilities District (PPFD) was duly formed pursuant to Chapter 35.57 of the Revised Code of Washington on July 15, 2002, by the adoption of City of Pasco Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, RCW 35.57.025 requires a financial feasibility review (FFR) for formation of a new public facilities district issuance of debt/bonds, or long-term lease, purchase or development of a facility conducted by the Department of Commerce through the Municipal Research and Services Center or under a contract with another entity; and WHEREAS, the Department of Commerce requires completion of an interagency agreement attached hereto as Exhibit A; and WHEREAS, the Department of Commerce requires approximately $15,000 total to complete the FFR including approximately $10,000 for a Commerce designated contractor and $5,000 for Department of Commerce; and WHEREAS, the Department of Commerce Interagency Agreement will not exceed $20,000, in the case that the cost of the FFR exceeds the estimated cost of $15,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT: Section 1. That the Pasco Public Facilities District Board of Directors (PPFD Board) does hereby approve the Interagency Agreement with Department of Commerce hereto as Exhibit A. Section 2. That the Executive Director for the PPFD, is hereby authorized, empowered, and directed to sign and execute the Interagency Agreement for an amount not to exceed $20,000.00, work with the Department of Commerce and designated contractor to assist in completion of the FFR, and further request and accept assistance form the City of Pasco, Finance Department under Resolution No. 2023-03 Interlocal Agreement with City of Pasco, to also assist in completion of the FFR, to make minor substantive changes as necessary to execute the Agreement, and/or complete the FFR. Section 3. That this Resolution shall take effect immediately. Page 17 of 50 Resolution – Interagency Agreement with Washington State Department of Commerce- 2 PASSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, this 15th day of August, 2023. PASCO PUBLIC FACILITIES DISTRICT __________________________________ Mark Morrissette, Board President ATTEST: APPROVED AS TO FORM: ___________________________________ ___________________________ Caroline Bowdish, Secretary/Treasurer Kerr Ferguson Law, PLLC Pasco Public Facilities District Attorneys for PPFD Page 18 of 50 Interagency Agreement with Pasco Public Facilities District through Research Services Public Facilities Districts Financial Feasibility Review Program For The Pasco Public Facilities District will provide funding up to ($<$15,000>($20,000) to COMMERCE for a financial feasibility review of the Pasco Aquatics Facility Project) project, in accordance with (RCW 36.100.025) (RCW 35.57.025 ) (NOTE: Choose which chapter of the RCW to reference depending on what local government formed the PFD & which chapter of the RCW they operate under. RCW 35.57 applies to PFDs created by a city or town in a county under 1 million population. RCW 36.100 applies to PFDs created by counties. The language of 36.100.025 and 35.57.025 is identical. Both require a financial feasibility review for formation of a new PFD, issuance of debt/bonds, or longterm lease, purchase or development of a facility. Start date: August <21>, <2023> Page 19 of 50 ii TABLE OF CONTENTS Special Terms and Conditions 1. Authority…………………………………………………………………………………..1 2. Contract Management ........................................................................................... 1 3. Compensation ........................................................................................................ 1 4. Expenses…………………………………………………………………………………1 5. Billing Procedures and Payment ............................................................................ 1 6. Insurance…………………………………………………………………………………2 7. Fraud and Other Loss Reporting……………………………………………………… 2 8. Order of Precedence .............................................................................................. 2 General Terms and Conditions 1. Definitions .............................................................................................................. 3 2. All Writings Contained Herein ................................................................................ 3 3. Amendments .......................................................................................................... 3 4. Assignment ............................................................................................................ 3 5. Confidentiality and Safeguarding of Information.................................................... 3 6. Copyright................................................................................................................ 4 7. Disputes ................................................................................................................. 4 8. Governing Law and Venue .................................................................................... 4 9. Indemnification ....................................................................................................... 5 10. Licensing, Accreditation and Registration ............................................................. 5 11. Recapture .............................................................................................................. 5 12. Records Maintenance ............................................................................................ 5 13. Savings .................................................................................................................. 5 14. Severability ............................................................................................................ 5 15. Subcontracting ....................................................................................................... 5 16. Survival .................................................................................................................. 6 17. Termination for Cause ........................................................................................... 6 18. Termination for Convenience................................................................................. 6 19. Termination Procedures ........................................................................................ 6 20. Treatment of Assets ............................................................................................... 7 21. Waiver .................................................................................................................... 8 Attachment A, Scope of Work Attachment B, Budget Page 20 of 50 FACE SHEET iii Contract Number: <Insert Number> Washington State Department of Commerce Local Government Division Community Assistance and Research Unit Public Facilities District Financial Feasibility Review Program 1. Contractor 2. Contractor Doing Business As (optional) Pasco Public Facilities District 525 North 3rd 525 North 3rd Pasco, WA 99301 Same <Insert DBA mailing address> <Insert DBA physical address> <Insert DBA location> 3. Contractor Representative 4. COMMERCE Representative Matt Watkins Executive Director 509 521-6960 n/a pfd-watkins@pasco-wa.gov Angie Hong Contracts and Procurement Lead 360-506-1706 Angie.hong@commerce.wa.gov PO Box 42525 1011 Plum St SE Olympia, WA 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $15,000 Federal: State: Other: N/A: 8/16/2023 11/16/2023 9. Federal Funds (as applicable) Not Applicable Federal Agency: Not Applicable CFDA Number Not Applicable 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # pending <Insert number>? n/a Pending 14. Contract Purpose In accordance with RCW (35.57025 ) (36.100.025), the Pasco Public Facilities District______ will provide funding ($15,000______) to COMMERCE for an independent financial feasibility review of the _Pasco Aquatics Facility_____________ project. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment “A” – Scope of Work, Attachment “B” – Budget. FOR CONTRACTOR FOR COMMERCE Matt Watkins, Executive Director Date Mark Barkley, Assistant Director Date APPROVED AS TO FORM ONLY __________(signature)___________________________ ASSISTANT ATTORNEY GENERAL (Insert new date) Page 21 of 50 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2022 Department of Commerce Page 1 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION Contractor shall pay an amount not to exceed $2015,000 for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. EXPENSES The maximum amount to be paid to the COMMERCE for authorized expenses shall not exceed $15,000, which amount is included in the Contract total above. 5. BILLING PROCEDURES AND PAYMENT Contractor will pay COMMERCE upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Contractor upon completion of the financial feasibility review. Payment shall be considered timely if made by Contractor within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by COMMERCE. 6. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7. FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A – Scope of Work • Attachment B – Budget • add any other attachments incorporated by reference on the Face Sheet Page 22 of 50 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2022 Department of Commerce Page 2 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Department of Commerce. C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. ”State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tie r. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. Page 23 of 50 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2022 Department of Commerce Page 3 COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERC E effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tap es, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre -existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any res trictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, a s provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. Page 24 of 50 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2022 Department of Commerce Page 4 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers , and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been reso lved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be seve rable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Page 25 of 50 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2022 Department of Commerce Page 5 Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to C OMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contr actor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as autho rized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the C ontractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Page 26 of 50 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2022 Department of Commerce Page 6 After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the C ontractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to an d vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 27 of 50 Attachment A Scope of Work (Describe the project PFD intends to undertake , amount PFD will pay, Commerce commitment to retain a consultant to do the feasibility review. Include that PFD will provide additional information as may be requested by the consultant, and other terms as appropriate, ) Page 28 of 50 Attachment B Budget Page 29 of 50 Resolution – PPFD Designer-Builder - 1 RESOLUTION NO. 2023-10 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD, APPROVING THE POSTING OF THE DESIGNER-BUILDER REQUEST FOR QUALIFICATIONS, AND HAVE THE SELECTION TEAM BRING THE TOP PROPOSAL FORWARD FOR CONSIDERATION AND APPROVAL WHEREAS, the Pasco Public Facilities District (PPFD) was duly formed pursuant to Chapter 35.57 of the Revised Code of Washington on July 15, 2002, by the adoption of City of Pasco Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, the PPFD Board approved Resolution No. 2023-01, creating the process for the procurement of Service Provider Agreements in accordance with RCW 35.57.070 and based on the procedures finds that it is appropriate to solicit for requests for qualifications for a Designer- Builder; and WHEREAS, on May 2023, the PPFD Board selected Wenaha Group as their Owners Representative by Resolution No. 2023-05, to assist the PPFD in securing services for design and construction of an aquatic facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT: Section 1. That the Pasco Public Facilities District Board of Directors (PPFD Board) does hereby approve the solicitation of a Designer-Builder Request for Qualifications attached hereto as Exhibit A. Section 2. That the PPFD Board does hereby approve that Wenaha Group will publish the notice, review the established criteria, receive, and evaluate proposals for conformity with submission requirements, and assuming selection of a preferred service provider by the Selection Team, negotiate with respondents under the requirements of the Service Provider Agreements process established by Resolution No. 2023-01, and bring the top proposal forward to the PPFD Board for consideration and approval. Section 3. That this Resolution shall take effect immediately. Page 30 of 50 Resolution – PPFD Designer-Builder - 2 PASSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, this 15th day of August, 2023. PASCO PUBLIC FACILITIES DISTRICT __________________________________ Mark Morrissette, Board President ATTEST: APPROVED AS TO FORM: ___________________________________ ___________________________ Caroline Bowdish, Secretary/Treasurer Kerr Ferguson Law, PLLC Pasco Public Facilities District Attorneys for PPFD Page 31 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 1 Request for Qualifications © Thaxton Parkinson PLLC Pasco Public Facilities District Request for Qualifications (“RFQ”) for a Progressive Design-Builder Pasco Aquatics Facility This REQUEST FOR QUALIFICATIONS (“RFQ”) from the Owner invites the submittal of a Statement of Qualifications (“SOQ”) from firms interested in providing design-build services for the project described below. By submitting an SOQ, the Proposer represents that it has carefully read the ter ms and conditions of this RFQ and all attachments and addenda and agrees to be bound by them. This RFQ is not an offer to enter into a contract, but merely a solicitation of persons interested in submitting SOQ to the Owner for the Project. OWNER: Pasco Public Facilities District 535 North 3rd Ave Pasco, WA 99301 PROJECT: Pasco Aquatics Facility OWNER CONTACT PERSON: Brooklynn Jefferson, Wenaha Group BrooklynnJ@wenahagroup.co m 509-430-2788 SOQ DUE DATE AND TIME Proposer’s SOQ shall be submitted no later than: 2:00 PM local time, September 15th, 2023_________________________ All SOQs must be submitted pursuant to the instructions below. It is t he Proposer’s sole responsibility to ensure that the SOQ is delivered in the manner required by this RFQ by the Due Date and Time. Owner has the right to reject any SOQs not properly delivered. Project Information Meeting is scheduled for __August 28th, 2023__ at 10:00 am [insert virtual link]. Page 32 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 2 Request for Qualifications © Thaxton Parkinson PLLC Page 33 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 1 Request for Qualifications © Thaxton Parkinson PLLC SECTION 1 OWNER DESCRIPTION 1.1. General SECTION 2 OVERVIEW OF PROJECT 2.1. General Description of the Project The Pasco Public Facilities District (“PPFD” or “Owner”) is building an Aquatic Facility pursuant to a successful bond vote that occurred in April 2022. The Aquatic Facility will be located as part of the development of the Broadmore site in Pasco, Washington. The Aquatic Facility will be developed in multiple phases. The first phase, which is the subject of this procurement, is anticipated to be approximately 46,000 square feet. The first phase will be a recreational facility similar to the Snohomish Aquatic Center in Snohomish, Washington or the Lynnwood Recreation Center in Lynwood, Washington. The scope of the first phase will be finalized with the successful design-builder and is anticipated to include an indoor leisure pool, outdoor activity pool, wet classroom/party room, concessions for the outdoor pool, locker rooms, and other support spaces. The second phase will be a separate project and will include an eight lane competition pool. The design and construction of the first phase should anticipate the second phase and include planning and provisions to ensure the second phase can be added efficiently and that the completed project will be able to meet all project goals. The PPFD received authorization to utilize the progressive design-build procurement and delivery method by the Washington State Capital Projects Advisory Review Board Project Review Committee on July 27, 2023. This is the first alternative delivery project by the PPFD, and it will be looking to the successful design-build team to assist it with the progressive design-build delivery method. 2.2. Project Goals The PPFD has established the following Project Goals: 1. Create a Recreational Aquatics Facility That Meets the Public’s Needs. The Design-Build Team will design and construct a recreational Aquatics Facility that provides a substantial community benefit, incorporating community input while including amenities that will benefit a wide range of user groups, including but not limited to families, teenagers, and senior citizens. 2. Execute a successful, collaborative Progressive Design-Build (PDB) Process to produce the envisioned Project: The Design-Build Team will develop and utilize a collaborative relationship between the Owner, its stakeholders, and the Design-Build Team to exceed the Project Goals within the Owner’s budget and schedule while demonstrating exemplary design and project management. 3. Maximize Design Within Limited Budget. The Design-Build Team will leverage the efficiencies of the progressive design-build process through innovative and lean design and construction techniques that provides an efficient and effective design with the most scope and programming within the Owner’s established budget and is flexible with respect to its use over time and allows for expansion for future phases of the facility. 4. Optimize Quality, Operations, and Revenue. The Design-Build Team will assist the Owner in selecting amenities and features of the facility that will create a high quality facility, minimize operations and maintenance costs, and help meet the facility’s revenue goals, all while being responsive to the input of stakeholder groups. 5. Efficient Pricing and Schedule. The Design-Build Team will provide transparent pricing and scheduling that allows the Owner to track the cost of design and construction concurrently so that the Owner is fully informed regarding the cost implications of design and other project decisions . 2.3. Form of Agreement 2.3.1. The Project will be contracted through a progressive design-build agreement that is attached as Exhibit A to the RFQ. The Design-Build Team will work collaboratively with the Owner to establish a project scope, Basis of Design Documents, and Guaranteed Maximum Price after the award of the Page 34 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 2 Request for Qualifications © Thaxton Parkinson PLLC Project. The Design-Build Agreement will be a cost plus with a Guaranteed Maximum Price, modified version of the DBIA Form 530 Standard Form of Agreement Between Design-Builder and Owner with a modified version of the DBIA Form 535 General Conditions of Agreement. 2.4. Project Budget The budgeted cost for design and construction for this Project is ________________ million dollars ($________________.00). 2.5. Project Procurement Schedule The following is the Project Procurement Schedule. The Owner reserves the right to modify the Project Procurement Schedule via addenda issued prior to the date set forth below. Date Activity 8/18 Issue RFQ 8/28 Project Information Meeting 9/1 Last Date to Submit Questions Regarding the RFQ 9/8 Last Date to Issue Owner Addenda 9/15 SOQ Due Date 9/25 Notification of Finalists 9/27 Issue RFP 10/12 through 10/16 Confidential Individual Meetings 10/20 Last Date to Ask Questions or Submit Proposed Changes to Contract 10/26 Last Date to Issue Owner Addenda 11/7 Proposal Due Date Week of 11/13 Interviews with Finalists (optional) 11/22 Notification of Highest Scored Finalist 2.6. Definitions 2.6.1. Business Day: Monday through Friday, with the exception of official holidays observed by the City of Pasco, Washington. 2.6.2. Confidential Individual Meetings: The confidential meeting(s) conducted individually between the Owner and each Finalist after the issuance of the RFP. All Confidential Individual Meetings will be conducted pursuant to the instructions in the procurement documents, and all participants will be required to enter into a confidentiality agreement before the meeting. 2.6.3. Design-Builder: The entity with the prime design-build contract with the Owner. 2.6.4. Design-Build Team Member: All entities listed by the Design-Builder as providing services or construction on the project. Members of the Design-Build Team may also be referred to as “Team Members”. 2.6.5. Finalist: A Proposer that has been selected in the shortlist to propose in the Request for Proposals phase of the procurement. Page 35 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 3 Request for Qualifications © Thaxton Parkinson PLLC 2.6.6. Key Team Member: Individuals who will be assigned to the Project who play an important role in the design, construction or management of the Project. 2.6.7. Procurement: The Owner’s process for selecting a Design-Build Team for this Project. 2.6.8. Procurement Documents: All documents issued by the Owner in connection with the Procurement or Project. 2.6.9. Projects of Similar Scope and Complexity: Projects that had substantial completion dates within the last seven (7) years and that have many or all of the following characteristics: a. Projects of a similar size and budget that include design and construction of community recreational or other commercial facility that include a swimming pool with recreational amenities similar to that found in the Snohomish Aquatic Center in Snohomish, Washington or the Lynnwood Recreation Center in Lynwood, Washington; b. Projects that require substantial input from stakeholders, including members of the public. c. Projects that utilize an integrated delivery method that require strong coordination and integration of the design and construction professionals and early involvement of the construction professionals during design and where the Design-Builder collaborated with the Owner to develop the final scope, schedule Contract Price; d. Projects with a limited budget where an owner ‘s goal is to maximize the available scope within the budget and where the design and construction team assisted the Owner in selecting revenue generating project amenities that minimize operations and maintenance costs. 2.6.10. Proposer: An entity that submits a Statement of Qualifications in response to this RFQ. 2.6.11. RFQ: The Owner’s Request for Qualifications. 2.6.12. RFP: The Owner’s Request for Proposals, which will be issued to those Finalists who are selected to proceed to the next phase of this Procurement. 2.6.13. Small Business: a small business as defined in RCW 39.04.010. 2.6.14. SOQ: A Statement of Qualifications submitted in response to this RFQ. 2.6.15. Team Member is any entity (rather than individual) submitted with the Design-Builder’s team in the SOQ. SECTION 3 PROCUREMENT PROCESS 3.1. General Information 3.1.1. Communication with the Owner. Proposers are required to conduct the preparation of their SOQs with professional integrity and free of lobbying activities. Communication with the Owner regarding this Project shall be via email or regular mail only and directed to the Owner’s Contact Person. Do not communicate about the Project or the Procurement with any other Owner employees, representatives, or consultants. Communication with other Owner employees, representatives, or consultants regarding the Procurement may cause the firm involved to be disqualified from submitting under this Procurement. Any verified allegation that a responding Proposer or Team Member or an agent or consultant of the foregoing has made such contact or attempted to influence the evaluation, scoring, and/or selection of Finalists may be the cause for Owner to disqualify the Proposer team from submitting an SOQ or Proposal, to disqualify the Team Member from participating in the Procurement and/or to discontinue any further consideration of such Proposer or Team Member. Following the Owner’s approval of the Finalists, the Owner anticipates that certain communications and contacts will be permitted. The RFQ, RFP and/or other written communications from Owner will set forth the rules and parameters of such permitted contacts and communications. To the extent any Proposer intends at any time to initiate contact with the general public regarding the Project, the nature of such intended contact and the substance thereof must be approved in writing by Owner prior to the Page 36 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 4 Request for Qualifications © Thaxton Parkinson PLLC commencement of such activities. 3.1.2. Expenses of Proposer. With the exception of the honorarium set forth below, the Owner accepts no liability for the costs and expenses incurred by firms in responding to this Procurement. a. Each Proposer that enters into the Procurement process shall prepare the required materials, the SOQ, and the Proposal at its own expense and with the express understanding that, except as set forth below, the Proposer cannot make any claims whatsoever for reimbursement from the Owner for the costs and expenses associated with the process even in the event the Owner cancels this Project or rejects all Proposals. b. The Owner will pay to all Finalists with whom the Owner does not enter into a contract as the Design-Builder for the Project an honorarium in the amount of $_________________________ pursuant to RCW 39.10.330(9), provided the Finalists comply with the following: i. The Finalist fully participate in the process outlined in the Request for Proposals; and ii. The Finalist submits a responsive, responsible Proposal to the Owner pursuant to the Request for Proposals. 3.2. Owner Rights and Procurement Conditions 3.2.1. The Owner reserves without limitation and may exercise at its sole discretion, the following rights and conditions with regard to this Procurement process: a. To cancel the Procurement process and reject any and all SOQs and/or Proposals; b. To waive any informality or irregularity; c. To revise the Procurement Documents and schedule via an addendum; d. To reject any Proposer that submits an incomplete or inadequate response or is not responsive to the requirements of this RFQ; e. To require confirmation of information furnished by an Proposer, require additional information from an Proposer concerning its SOQ or Proposal and require additional evidence of qualifications to perform the work described in this RFQ or a subsequent RFP; f. To provide clarifications or conduct discussions, at any time, with one or more Proposers; g. To contact references that are not listed in the Proposer’s SOQs and investigate statements on the SOQs and/or qualification of the Proposer and any firms or individuals identified in the SOQ; h. To take any action affecting the RFQ process, the RFP process, or the Project that is determined to be in the Owner’s best interests; i. To utilize information from any source, including but not limited to references and individuals who are not identified by the Proposer and/or Finalist, to evaluate Proposers and Finalists; j. Approve or disapprove of the use of particular consultants, subconsultants, subcontractors, Team Members, or Key Team Members and/or substitutions and/or changes to consultants, subconsultants, subcontractors, Team Members, or Key Team Members from those identified in the SOQ or Proposal, such approval or disapproval shall not be unreasonably exercised; k. To make an independent determination of the highest scored proposal. 3.3. Outline of the Procurement Process 3.3.1. Request for Qualifications (RFQ). Page 37 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 5 Request for Qualifications © Thaxton Parkinson PLLC a. This RFQ invites firms to submit SOQs describing in detail their technical, management, and financial qualifications to design, permit, construct, commission, and closeout the Project. The issuance of this RFQ is the first phase of the Procurement process. b. Proposers will submit their SOQ, and other deliverables required pursuant to this Procurement at the time and in the manner set forth in this RFQ and any addenda. The Owner will not consider SOQs or other deliverables that are submitted after the time set forth in the RFQ. Proposers are solely responsible for making sure that the Owner receives the SOQ in a timely fashion. c. The Owner will evaluate the information submitted by each Proposer to 1) determine whether the Proposer meets the mandatory minimum requirements and 2) evaluate the SOQs provided by each Proposer pursuant to the evaluation criteria described below. Any Proposer who fails to meet the mandatory minimum requirements set forth in this RFQ will be deemed non-responsive and will not be considered further by the Owner in this Procurement. d. All SOQs will be evaluated in accordance solely with the criteria established in the RFQ and any addenda issued thereto. The evaluation criteria are listed below, including the relative weight or importance given to each criterion. e. The Owner will select responsive and responsible firms as Finalists. Only those firms that have been short-listed will be invited to submit a Proposal in response to the RFP. f. The results of the SOQ evaluations will be carried forward and included in the final evaluation and selection. g. Design-Build Team Members and individual Key Team Members will be used as a basis for selection. Once shortlisted, neither the Proposer nor Team Members that are submitted to the Owner as part of the SOQ or Proposal may substitute a listed consultant, subconsultant or subcontractor, or any individual listed as a Key Team Member without the Owner’s prior written approval. Even with the Owner’s approval, any change to any submitted Team Member or Key Team Member will result in re-evaluation and may result in a change to the evaluation and scoring of the Proposer. h. For the procurement, Design-Build Teams may only include the prime Design- Builder and lead Designer and Constructor firms. Specifically, Design-Build Teams may not include any specialty subcontractor that will only construct the pool portion of the project. The Owner and selected Design-Builder will collaboratively select that subcontractor after award. 3.3.2. Request for Proposal (RFP), Confidential Individual Meetings & Selection Process a. The Owner will issue the RFP to the Finalists. The RFP will further explain the evaluation criteria, Confidential Individual Meetings, and other elements of the RFP process. b. Prior to the submission date for Proposals, written questions will be accepted as defined in the RFP. c. Confidential Individual Meetings. The Owner will conduct up to 2 Confidential Individual Meetings with each of the Finalists. The Confidential Individual Meetings will be further described in the RFP. All information from the Design-Build Teams provided in the Confidential Individual Meetings will remain confidential during the procurement process. The Confidential Individual meetings will also provide an opportunity for direct interaction between the Finalist and the RFP Evaluation Committee. i. Interactive Meeting. The Owner will conduct an Interactive Meeting that will occur prior to the submission of the Proposals and will allow the Owner to Page 38 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 6 Request for Qualifications © Thaxton Parkinson PLLC evaluate the Finalists’ ability to collaborate with the Owner’s team and to allow the Finalists to ask the Owner questions regarding the Project and the Owner’s goals and concerns. ii. Interview. The Owner may conduct a second, optional Confidential Individual Meeting at the Owner’s option. The second Confidential Individual Meeting will be an Interview after the submission of the Proposals and will allow the Owner to ask questions regarding the Design-Build Team’s Proposal. d. A Finalist may ask questions and submit suggested proposed changes to the contract provisions no later than the date set forth in the Procurement Schedule. The Owner, at its sole discretion, may revise the RFP, the contract provisions and/or program documents and issue an addendum to all Finalists. e. Finalists will submit a Technical Proposal and a separate Price Proposal in accordance with the Procurement schedule. f. The Owner will establish an RFP Evaluation Committee to review and evaluate the Technical Proposal and other elements outlined in the RFP. The RFP Evaluation Committee may be the same as the RFQ Evaluation Committee. The RFP Evaluation Committee will evaluate the Proposals in accordance with the evaluation criteria set forth in the RFQ and RFP. g. At its sole discretion, the Owner may ask written questions of Proposers, seek written clarifications, and conduct discussions with Proposers on Proposals. h. The Owner will provide written notification to all Finalists of the selection decision and make a selection summary available to all Proposers at the conclusion of the Procurement. i. At the Owner’s discretion, it will initiate negotiations with the Highest Scored Finalist. The Owner may also negotiate with other Finalists at its discretion if it is unable to reach agreement with the Highest Scored Finalist. The Owner will continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated. Negotiations are at the Owner’s sole discretion. By submitting a Proposal pursuant to the RFP, the Finalist represents and warrants that it will enter into the contract provided by the Owner subject to the terms set forth in its Proposal. 3.3.3. Price Proposal Finalists will submit a Price Proposal pursuant to the instructions set forth in the RFP. The Price Proposal for this Project is anticipated to include the Design-Builder’s Fee Percentage for overhead and profit percentages for both subcontracted and self-performed Work and will be submitted in a separate, distinctly marked email from the Technical Proposal. Although not scored, the Design-Builder will also submit hourly rates and a proposed Validation Period Not to Exceed Amount with the Price Proposal. 3.3.4. Evaluation and Scoring of Proposers and Finalists In the evaluation and scoring of Proposers and Finalists, the Owner will consider the information submitted in the SOQ, the Technical and Price Proposal, Confidential Individual Meetings, references, and other sources with respect to the evaluation criteria set forth in the RFQ and RFP. The result of the evaluation will be a comparative scoring of Proposers. In evaluating each of the criteria, the Evaluation Committees will identify significant and minor strengths and weaknesses from the submissions. The Evaluation Committees will then use the following metric to evaluate the submissions and determine the number of points for each Evaluative Criteria based on the percentages assigned in the RFQ, the RFP and any addenda. In the description below, the term “Proposer” includes both Proposers in the SOQ phase as well as Finalists in the RFP phase of the procurement. Page 39 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 7 Request for Qualifications © Thaxton Parkinson PLLC All scoring will take into account all information the Owner gathers, including but not limited to the Technical and Price Proposal, Interactive Meetings, Interviews, and References. For the purpose of selecting and evaluating Proposers, the evaluation criteria will be given the following relative weights: SOQ Total SOQ Points: 75 Team Organization 15 points Projects of Similar Scope and Complexity 15points Project Controls 15 points Design and Permitting Experience 15 points Construction Management Experience 15 points Response to RFP Total RFP Points: 100 Overall Management Approach 25 points GMP Development Plan 25 points Design Development and Management 25 points Construction Management, Project Sequencing and Scheduling 25 points Price Proposal Total Price Proposal Points: 20 TOTAL GRAND TOTAL Points: 200 SECTION 4 SOQ DOCUMENTATION REQUIREMENTS 4.1. Submittal Process 4.1.1. The Owner is requiring electronic submission of the items listed below for this solicitation. Submissions must be delivered via email to the Owner’s Contact on page 1 of the RFQ no later than 2:00 pm on the date in the schedule set forth in section 2.5 of the RFQ. .1 The email shall include the title of the document, and due date and time in the subject line. The Proposal shall be titled, “Pasco Aquatics Facility Statement of Qualifications” .2 Limit file size to 30MB. .3 The Owner will use the time stamp on the email/submittal upload to determine timeliness. .4 Proposers are responsible for ensuring timely delivery of submittals. .5 The Owner is not responsible for Proposer’s technical difficulties in submitting electronically. .6 The Owner reserves the right not to evaluate late submittals . 4.1.2. If issues arise in submitting the RFQ documents, please contact the Owner’s Contact. 4.1.3. Any addenda issued for this RFQ will be provided via email. Proposers are responsible for checking for inclusion of any addenda prior to submission. 4.2. SOQ Format Requirements The SOQs shall comply with the following format requirements: 4.2.1. SOQs shall be formatted in searchable .pdf format and shall include a searchable bookmark for each subsection of the submittal. Page 40 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 8 Request for Qualifications © Thaxton Parkinson PLLC 4.2.2. The body of the SOQ shall be organized in accordance with the Evaluation Criteria. 4.2.3. The body of the SOQ, when printed, shall be limited to a maximum of twenty five (25) pages. a. The only documentation that is not included in the page count is the following: i. Letter of interest or cover letter. ii. Statement of Proposer’s Ability to Provide a Proposal Bond, or Performance and Payment Bond; iii. Statement of Proposer’s Ability to Meet the Owner’s Insurance Requirements; iv. Corporate Structure Questionnaires; v. Identification of Projects Table; vi. Resumes of Key Team Members (limit 2 pages each); and vii. Cover pages, provided that they contain no substantive content. b. SOQs that exceed the page limit may be rejected. The Owner, at its sole discretion, reserves the right to reject SOQs that exceed the page limit or to remove pages from the sections of any non-conforming SOQ submittals to bring each non-conforming SOQ submittal within the page count requirement. c. A “page” shall be defined as (when printed) one single-sided piece of paper that has words, charts, tables, pictures, or graphics. Pages shall be 8.5 x 11 inches, with the exception of the Identification of Projects Table, which may be presented in 8.5 x 14- inch format. d. The font shall for any portion of the submittal, including graphics, be no smaller than 10 point. 4.3. SOQ Organization SOQs shall consist of the following parts: 4.3.1. Letter of Interest 4.3.2. Minimum Qualifications a. Statement of Proposer’s Ability to Provide Performance and Payment Bond. (See Section 5.2.1) b. Statement of Proposer’s Ability to Meet the Owner’s Insurance Requirements. (See Section 5.2.2) 4.3.3. Technical & Management Qualifications a. Team Organization b. Demonstrated History of Successful Projects Similar in Scope and Complexity c. Project Controls d. Design and Permitting Experience e. Construction Experience 4.3.4. SOQ Attachments a. Resumes of individual Key Team Members b. Identification of Projects Table c. Corporate Structure Questionnaire(s) d. Examples of Deliverables SECTION 5 SOQ SUBMITTAL INFORMATION Page 41 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 9 Request for Qualifications © Thaxton Parkinson PLLC 5.1. Letter of Interest (No points) The SOQ must include a cover letter containing the name, address, telephone number, fax number, and e-mail address of the Proposer and the principal contact person. The Letter of Interest shall also include the following: (1) name, address, telephone number, fax number, and e- mail address for all listed consultants, and/or sub-consultants for the Project (if any) and (2) the type of firm or organization (corporation, partnership, joint venture, etc.) that will serve as the prime contracting party. The letter of interest may be a maximum of two (2) pages. 5.2. Minimum Qualifications 5.2.1. Statement of Proposer’s Ability to Provide Performance and Payment Bond (Pass/Fail) As a mandatory minimum requirement, the Proposer must have the ability to obtain a performance and payment bond in the amount equal to the value of the final contract amount, subject to subsequent modifications to that amount, and sales tax. For the purposes of this procurement, Proposers must be able to obtain a bond for a minimum of $40 million. Proposer shall provide a letter signed by an authorized representative of Proposer’s surety company (or agent) confirming that the Proposer can meet this minimum requirement. Any Proposer who fails to meet this mandatory minimum requirement will be considered non-responsive and will not be considered further by the Owner in this Procurement process. The surety shall be a company authorized to conduct business in the state where the Project is located with a current minimum A.M. Best rating of A-, Class VII or better. Letters indicating “unlimited” bonding capability are not acceptable. 5.2.2. Statement of Proposer’s Ability to Meet the Owner’s Insurance Requirements. (Pass/Fail) As a mandatory minimum requirement, the Proposer must document that it has the ability to meet the minimum insurance requirements as set forth in the attached draft Agreement and General Conditions (Exhibit A). Proposer shall provide a letter from Proposer’s insurance company or broker indicating that the Proposer is capable of complying with the insurance requirements specified in Exhibit A or an ACCORD Insurance Certificate that shows evidence of insurance that meets or exceeds the requirements set forth above. Any Proposer who fails to meet this mandatory minimum requirement will be considered to be non-responsive and will not be considered further by the Owner in this Procurement. The insurer shall be a company authorized to conduct business in the state where the Project is located with a current minimum A.M. Best rating of A-, Class VII or better. 5.3. Technical and Management Qualifications The SOQ shall demonstrate the Design-Build Team’s ability to undertake the Project by providing the following technical and management qualifications of the Proposer, Team Members, and individual Key Team Members. The Proposer is responsible for ensuring that contact information contained in their referenced project profiles is correct. The inability to contact a reference may have a detrimental impact on the evaluating qualifications. Emphasis will be placed on experience and expertise in performing substantive work on projects that are of Similar Scope and Complexity, as described in the definitions above. The Owner reserves the right to award more points to projects that have more of the characteristics set forth in the definition of Projects of Similar Scope and Complexity. The Owner also reserves the right to award more points to successful projects in which Proposer, Team Members, and/or individual Key Team Members had substantial responsibility for their respective scopes of work. The SOQ will be evaluated on the following technical and management qualifications: 5.3.1. Team Organization a. The following Key Team Members shall be identified from the Design-Build Team. Individuals identified may have multiple roles. Proposers should clearly identify the roles for the Key Team Members. i. Corporate Executive dedicated to the project, Page 42 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 10 Request for Qualifications © Thaxton Parkinson PLLC ii. Project Manager iii. Lead Design Architect, iv. Design Manager, v. Construction Manager, vi. Cost Estimator, vii. Quality Control Manager, and viii. Inclusion Manager. Other than the lead designer and entities employing the Key Team Members set forth above, no other consultants or trade contractors should be included in the Proposal; these team members will be selected in consultation with the Owner after the contract is awarded. b. Provide an organization chart for the Design-Build Team, including but not limited to the Key Team Members identified. Include in the organization chart the percentage of time that Key Team Members are estimated to be dedicated to the Project for each phase. Clearly identify the Key Team Member who will be responsible for leading the Design-Build Team and will be the prime contact with the Owner during each phase of the Project. c. Provide a narrative describing the benefits of the team structure and the benefits that each Team Member and Key Team Member provides to the Project. i. Explain how the Design-Build Team and Key Team Members will exceed the Project Goals, in particular Project Goal Number 2. In the narrative, describe the Team’s past performance in successfully managing design- build (or a similar integrated delivery model) Projects of Similar Scope and Complexity that include management and communications of an integrated team of design consultants, specialty subcontractors, and trade contractors. ii. Describe the Team’s past performance working together and/or if the team has not worked together, describe the steps the Team has taken to promote integration and a collaborative working environment. d. For each Design-Build Team Member, identify all lawsuits or claims filed in any court or public administrative body in which the Design-Build Team Member, or any company owned or controlled by the Design-Build Team Member, is a party asserting a claim on a design or construction contract in the last five years. For lawsuits and/or claims against the Owner, identify all claims and/or lawsuits filed at any time. With each lawsuit or claim, identify the name of the parties, the court or administrative body, and the case number or identifying information for the case. Also identify the amount of the original claim as well as the amount ultimately recovered. 5.3.2. Demonstrated Experience of Successful Projects of Similar Scope and Complexity a. The Owner has established a Project Goal of creating a Recreational Aquatics Facility that Meets the Public’s Needs. Address the Design-Build Team’s experience with each element of the definition of Projects of Similar Scope and Complexity. Include a description of any issues or problems that arose on the projects and how those issues or problems were resolved. b. Describe how Team Members have utilized the progressive design-build process, innovative design and construction techniques, and/or state of the art technology to achieve the owner’s goals, and/or enhance communication and collaboration. c. Describe the Team’s past performance in utilization of business entities certified with the Washington State Office of Minority and Women’s Business Enterprises, Page 43 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 11 Request for Qualifications © Thaxton Parkinson PLLC including Small Businesses, local businesses and business entities certified with the Washington State Department of Veterans’ Affairs. 5.3.3. Project Controls and Development of GMP a. Describe the Team’s past performance with Progressive Design-Build or similar integrated projects development and management of Project budgets, including collaboratively developing a Guaranteed Maximum Price. Include in the narrative how the Proposer ensured transparency of all costs and schedule. b. Discuss the Team’s past experience assisting Owners in selecting revenue generating project amenities that meet the Owner’s revenue goals. c. Discuss the tools and techniques used to transparently develop the scope, cost, and schedule to the owner, including i. How the scope, cost, and schedule were communicated with the owner; ii. The resolution of discrepancies between the owner’s cost information and that of the design-builder iii. A demonstration of how the estimating, cost monitoring process, and schedule reporting provided substantive and meaningful information to the owner. d. Describe any issues or problems that arose on the projects discussed in this section and how those issues or problems were resolved. e. Provide examples of deliverables pursuant to Section 5.7 below. 5.3.4. Design Experience a. Describe the Team’s experience designing Projects of Similar Scope and Complexity. Describe how the Team’s past experience designing Projects of Similar Scope and Complexity will assist the Owner in achieving the Project Goals. b. Specifically address any experience with projects that include design and construction of community recreational or other commercial facility that include a swimming pool with recreational amenities similar to that found in the Snohomish Aquatic Center in Snohomish, Washington or the Lynnwood Recreation Center in Lynwood, Washington c. Describe the Team’s experience in designing projects and selecting materials or systems that minimize operations and maintenance costs for the Owner. 5.3.5. Construction Management Experience a. Describe the Proposer’s experience in creatively using construction means and methods to maximize efficiency and take full advantage of the progressive design -build process. Describe any issues or problems that arose on the projects and how those issues or problems were resolved b. Describe the Proposer’s experience with the following i. Incorporating constructability into the design; ii. Implementing safety in the project; and iii. Commissioning and closeout for pool and recreational facilities. c. Explain how the Applicant has addressed difficult resource management issues such as escalation, scarcity of materials, equipment, and/or labor. 5.4. Resumes of Key Team Members 5.4.1. Provide a resume for all Key Team Members. Resumes should be no longer than 2 pages Page 44 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 12 Request for Qualifications © Thaxton Parkinson PLLC and should include the following information at a minimum. The resumes will not be evaluated separately. Rather, the resumes will be evaluated in the context of the criteria set forth in Section 5.3. a. Description of the individual’s proposed Project role; b. Identification of employer and number of years employed by the firm; c. Educational background, professional licenses, and/or certifications; and d. Experience relevant to their proposed role on the Project and how their experience will benefit this Project. 5.5. Identification of Projects Table 5.5.1. The Proposer must submit an Identification of Projects Table with the required information set forth herein for each project cited or mentioned in the SOQ or resumes in the form attached as Exhibit C. The Identification of Projects Table may be submitted on 8.5” x 14” paper and may be no more than two pages in length. The Proposer is responsible for ensuring that contact information contained in their Identification of Projects is correct. The inability to contact a reference may have a detrimental impact on the evaluating qualifications. The Owner reserves the right to contact any person listed in the Identification of Projects or any other person with knowledge regarding any Project in which any Design- Build Team Member or Key Team Member participated. The identification of projects will not be evaluated separately. Rather, the projects will be evaluated in the context of the criteria set forth in Section 5.3. a. Name of project; b. Owner; c. Location of project (include address); d. Delivery method; e. Brief project description; f. Name of each Design-Build Team Member and Key Team Member who is proposed for this Project who played a significant role on the listed project, including an identification of their project function; g. The initial contract price, the final contract price, and an explanation for any difference between the two amounts; h. The initial date scheduled for substantial completion, the actual date of substantial completion, and an explanation for any difference between the two dates; i. The percent utilization of business entities certified with the Washington State Office of Minority and Women’s Business Enterprises, including Small Businesses and business entities certified with the Washington State Department of Veterans’ Affairs. j. Project contact information of the Owner or customer and their role on the project (current address, e-mail, and phone number) who can verify the characteristics of the listed project. 5.6. Corporate Structure Questionnaire 5.6.1. Submit a completed Corporate Structure Questionnaire for Design-Builder and each Team Member (Exhibit D). If the prime Design-Builder is a Joint Venture, all Joint Venture partners must have functional responsibilities for the Project. Describe the duties of each Joint Venture partner and provide a copy of the Joint Venture Agreement. 5.7. Project Deliverable Examples Page 45 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 13 Request for Qualifications © Thaxton Parkinson PLLC 5.7.1. Provide examples from previous projects that demonstrate how the Proposer would communicate to the Owner the development of the scope, cost, and schedule in a transparent and collaborative manner. Examples should be understandable and be designed to assist an owner who using the design-build delivery method for the first time. The project deliverable examples shall be limited to 6 pages. SECTION 6 LIST OF EXHIBITS A. Draft Agreement and General Conditions B. Performance and Payment Bond Instructions C. Identification of Projects Table D. Corporate Structure Questionnaire Page 46 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 1 Request for Qualifications Exhibit A © Thaxton Parkinson PLLC Exhibit A DRAFT Agreement and General Conditions Page 47 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 1 Request for Qualifications Exhibit B © Thaxton Parkinson PLLC Exhibit B Performance, and Payment Bond Instructions 1. The selected Design-Builder will be required to provide the following bonds for this Project: a. Payment Bond in the amount equal to the Contract Price, subject to subsequent modifications to that amount, and sales tax. b. Performance Bond in the amount equal to the Contract Price, subject to subsequent modifications to that amount, and sales tax. 2. The following shall apply: a. Proposers must submit a statement from their bonding company that the Proposer can meet the bonding requirements at a minimum amount of $40 million. b. The Payment and Performance Bond(s) shall be in the form acceptable to the Owner. Page 48 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 1 Request for Qualifications Exhibit C © Thaxton Parkinson PLLC Exhibit C Identification of Projects Table Form Complete the Identification of Projects Table in the attached form for all projects cited in the Statement of Qualifications. Page 49 of 50 Pasco Public Facilities District Pasco Aquatics Facility Page 1 Request for Qualifications Exhibit D © Thaxton Parkinson PLLC Exhibit D Corporate Structure Questionnaire 1. Proposers shall complete the following information for the Proposed Design-Builder and each Team Member: Legal Name Street Address Mailing Address Point of Contact Position Email Telephone Number Fax Number Type of Business D-U-N-S Number Federal Tax Identification Number State Contractor’s License Number (if applicable) State Business License Number (if applicable) 2. If the Proposed Design-Builder is a Joint Venture, Proposers must: a. Submit the above information the Joint Venture as well as for each member of the Joint Venture; and b. Attach a copy of the Joint Venture Agreement to this form. Page 50 of 50