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HomeMy WebLinkAbout2023.08.21 Council Meeting PacketAGENDA City Council Regular Meeting 7:00 PM - Monday, August 21, 2023 Pasco City Hall, Council Chambers & GoToWebinar Page 1.MEETING INSTRUCTIONS for REMOTE ACCESS - 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 4:00 p.m. on the day of this meeting. To listen to the meeting via phone, call (415) 655-0060 and use access code 307-404-066. City Council 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. 2.CALL TO ORDER 3.ROLL CALL (a)Pledge of Allegiance 4.CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6 - 16 (a)Approval of Meeting Minutes for August 7th and August 14th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on August 7, 2023 and August 14, 2023 respectively. 17 - 18 (b)Bills and Communications - Approving Claims in the Total Amount of $3,995,477.10 Page 1 of 169 To approve claims in the total amount of $3,995,477.10 ($2,556,579.24 in Check Nos. 257877 - 258075; $206,935.82 in Electronic Transfer Nos. 842356 - 842357, 842359; $20,487.01 in Check Nos. 54518 - 54537; $1,211,475.03 in Electronic Transfer Nos. 30194685 - 30195378). 19 - 22 (c)Historic Preservation Commission Reappointments of Malin Bergstrom & Daniel Stafford To confirm the Mayor's reappointments of Malin Bergstrom and Daniel Stafford to Position Nos. 1 and 2 respectively on the Historic Preservation Commission with terms expiring on August 1, 2026. 23 - 36 (d)Resolution No. 4367 - United States Department of the Interior, Bureau of Reclamation Land Acquisition (Contract No. 21-07-16- L6276) To approve Resolution No. 4367, authorizing the City Manager to enter into Contract No. 21-07-16-L6276 with the United States Department of the Interior Bureau of Reclamation for the purchase of lands. 37 - 89 (e)Resolution No. 4368 - Approval of Washington State Department of Health Loan Agreement No. PCL28205-0 for the Butterfield Water Treatment Plant Improvement Project To approve Resolution No. 4368, authorizing the City Manager to execute Loan Agreement No. PCL28205-0 with the Department of Health. (RC) MOTION: I move to approve the Consent Agenda as read. 5.PROCLAMATIONS AND ACKNOWLEDGEMENTS 90 - 92 (a)Attendance Awareness Month Proclamation Mayor Barajas will read the proclamation for "Attendance Awareness Month" scheduled for September 2023 and present the proclamation to United Way Benton & Franklin Counties Community Impact Director Jessica Sagdal, 6.PUBLIC COMMENTS - The public may address Council on any items unless it relates to a scheduled Public Hearing. This item is provided to allow the opportunity to bring items to the attention of the City Council 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 Council 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. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to Page 2 of 169 summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 7.EXECUTIVE SESSION (a)Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (10 minutes) (b)Consideration of the Minimum Offering Price for Sale or Lease of Real Estate if There’s a Likelihood That Disclosure Would Decrease the Price per RCW 42.30.110(1)(c). The factors influencing the price include location and use of the property. (10 minutes) 8.REPORTS FROM COMMITTEES AND/OR OFFICERS (a)Verbal Reports from Councilmembers 93 - 112 (b)Financial Reports - Year To Date through Second Quarter 2023 & June 2023 General Fund 9.HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 10.ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 113 - 138 (a)Ordinance No. 4678 - Creating Pasco Municipal Code Title 18 Public Art and Murals MOTION: I move to adopt Ordinance No. 4678, amending Pasco Municipal Code, Chapter 17.10 Definitions, Sections 17.15.010, Interpretation of Sign Allowance Table and 17.20.010 Permits, Fees and Inspection, and creating a new Title 18 Public Art and Murals and, further, publish by summary only. 139 - 146 (b)Ordinance No. 4679 & Resolution No. 4369 - Bid Award Process Water Reuse Facility Ph 2: Winter Storage MOTION: I move to adopt Ordinance No. 4679, amending the 2023- 2034 Biennial Capital Project Budget (Ordinance No. 4620) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Process Water Reuse Facility Utility Fund, and, further, authorize publication by summary only. MOTION: I move to approve Resolution No. 4369, awarding the Process Water Reuse Facility Phase 2 Winter Storage project to Tapani, Inc. of Battle Ground, Washington, in the amount of Page 3 of 169 $31,588,246.92, including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. 147 - 153 (c)Ordinance No. 4677 & Resolution No. 4366 - Budget Adjustment & Bid Award for GESA Stadium Improvements MOTION: I move to adopt Ordinance No. 4677, amending the 2023- 2024 Biennial Capital Projects Budget, by providing supplement thereto; to provide additional appropriation in the City's stadium fund and, further, authorize publication by summary only. MOTION: I move to approve Resolution No. 4366, awarding Bid No. 19-997 for the GESA Stadium Improvements project to Apollo Inc. of Kennewick Washington; and further authorize the City manager to execute the contract documents and allowing all necessary budget adjustments. 154 - 161 (d)Ordinance No. 4676 & Resolution No.4365 - Budget Adjustment and Bid Award - Broadmoor Area Utility Improvements – Phase 1B MOTION: I move to adopt Ordinance No. 4676, amending the 2023- 2024 Biennial Budget (Ordinance No. 4620) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Water/Sewer/Irrigation Utility Funds for the construction of Broadmoor Area Utility Improvements - Phase 1B project and, further, authorize publication by summary only. MOTION: I move to approve Resolution No. 4365, awarding Bid No. 22377-1B for the Broadmoor Area Utility Improvements – Phase 1B project to Goodman & Mehlenbacher Enterprises, Inc. of Kennewick, Washington; and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. 11.UNFINISHED BUSINESS 12.NEW BUSINESS 162 - 167 (a)HAPO Center Update 13.MISCELLANEOUS DISCUSSION 14.ADJOURNMENT 15.ADDITIONAL NOTES (a)(RC) Roll Call Vote Required * Item not previously discussed Page 4 of 169 Q Quasi-Judicial Matter MF# “Master File #....” 168 - 169 (b)Adopted 2020-2021 Council Goals (Reference Only) (c)REMINDERS Monday, August 21, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR BLANCH BARAJAS, Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) Thursday, August 24, 5:30 PM: Benton Franklin Community Action Connections Board Meeting – 720 Court Street, Pasco (COUNCILMEMBER ZAHRA ROACH, Rep.; COUNCILMEMBER PETE SERRANO, Alt.) Monday, August 28, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – Ben Franklin Transit Main Conference Room (COUNCILMEMBER PETE SERRANO, Rep.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 5 of 169 AGENDA REPORT FOR: City Council August 16, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM: Debra Barham, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for August 7th and August 14th I. REFERENCE(S): 08.07.2023 & 08.14.2023 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on August 7, 2023 and August 14, 2023 respec tively. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 169 MINUTES City Council Regular Meeting 7:00 PM - Monday, August 7, 2023 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph Campos, David Milne, and Pete Serrano Councilmembers absent: Zahra Roach Staff present: Richa Sigdel, Deputy City Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Kevin Crowley, Fire Chief; Eric Ferguson, Jacob Gonzalez, Community & Economic Development Director; City Attorney; Jesse Rice, Information Technology Director & Interim Administrative & Community Services Director; Ken Roske, Police Chief; Steve Worley, Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for July 17th and July 24th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on July 17, 2023 and July 24, 2023 respectively. Bills and Communications - Approving Claims in the Total Amount of $8,646,082.86 To approve claims in the total amount of $8,646,082.86 ($4,357,146.55 in Check Nos. 257389 - 257876); $81,189.00 in Check Nos. 54464 - 54517); ($1,885,453.29 in Electronic Transfer Nos. 841493 - 841527, 841540 - 841545, 841620, 841623 - 841688, 841693 - 841726, 841731 - 841746, 841763 - 841765, 841767 - 841772, 841786 - 841845, 841861 - 841903, 841915 - 841963, 841978 - 841979, 841981, Page 1 of 6Page 7 of 169 841984 - 842018, 842048 - 842096, 842098 - 842102, 842108 - 842115, 842119 - 842122, 842125 - 842126, 842164 - 842185); $2,322,294.02 in Electronic Transfer Nos. 54464 - 54517). Resolution No. 4364 - Amendment No. 1 to the Prosecutorial Services Agreement with Rio Foltz, PLLC To approve Resolution No. 4364, Authorizing the City Manager to sign and execute Amendment No. 1 for Prosecutorial Services for the City with Rio Foltz, PLLC. Civil Service Commission/Personnel Board Appointment of Todd Roper To confirm the City Manager's appointment of Todd Roper to Position No. 2 on the Civil Service Commission/Personnel Board with an unexpired term ending on February 17, 2028. Parks & Recreation Advisory Board Appointment of Michael Harrington To confirm the Mayor's appointment of Michael Harrington to Position No. 1 to the Parks & Recreation Advisory Board with an unexpired term ending February 2, 2026. Pasco Public Facilities District Board Reappointment of Caroline Bowdish To confirm the Mayor's reappointment of Caroline Bowdish to Position No. 1 on the Pasco Public Facilities District Board with the term expiring on July 14, 2027. Tri-City Regional Hotel/Motel Commission Reappointment of Monica Hammerberg To confirm the reappointment of Monica Hammerberg (Hampton Inn & Suites, Pasco) to the Tri-City Regional Hotel/Motel Commission for a two-year term commencing on September 1, 2023 and ending August 31, 2025. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to approve the Consent Agenda as read. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach PUBLIC COMMENTS Thomas Granbois, downtown business owner and resident, expressed appreciation to the Pasco Police, the Parks & Recreation and Community Departments. He suggested a video discussing Council's roll in municipal government. Page 2 of 6Page 8 of 169 Joe Thornton, Sports & Fitness Director, distributed a Clubhouse Sports Academy pamphlet to Council. He discussed the Academy and solicited support for this effort by partnering with the City's Parks & Recreation Department. Michael Harrington, resident and newly appointed Parks & Recreation Advisory Board, commented on his volunteer position. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Milne commented on the National Night Out events held on August 1st. Mayor Barajas also commented on the National Night Out evening events. She also commented on Pasco, Peru's 202nd anniversary of their Independence. She shared an medal that she received from the Peruvian Consolette when she and Mr. Brown attended their event. Lastly, she commented on the recent Family Field Day. Mr. Brown commented on the National Night Out evening events. He reported on the recent Benton Franklin Council of Governments meeting and he also commented on the Peruvian Consolette event. Update on the Confederated Tribes of the Colville Reservation Pasco Project Ms. Sigdel introduced Jarred Michael Erickson, Chairman, and Cody Desautel, Executive Director from the Confederated Tribes of the Colville Reservation who provided a brief update regarding the Pasco Project. Council, Chairman Erickson and Mr. Desautel briefly discussed the next steps related to the Pasco Project. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4672 - Approval of Mendoza Rezone from C-1 to C-2 (Z 2023- 001) Mayor Barajas announced that the request for approval of the Mendoza Rezone was a quasi-judicial action and asked Mr. Ferguson to explain the procedure for quasi-judicial items. Mr. Ferguson read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. Page 3 of 6Page 9 of 169 Mr. Gonzalez provided a brief report on the proposed rezone from C-1 to C-2 designation. Mayor Pro Tem Maloney asked if there was a way to provided a wide-range of zone changes to remove the rezoning process burdens from the downtown area. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to adopt Ordinance No. 4672, approving a rezone Amending the zoning classification of certain real property located on the southeast corner of West Clark Street and North 5th Avenue at 528 West Clark Street (parcel 112042085) in Pasco, Franklin County, Washington, from C-1 to C-2 and, further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Ordinance No. 4673 - Amending the Pasco Municipal Code Chapter 9.45 Related to the Blake Fix (Washington State Engrossed Second Substitute Senate Bill 5536) Mr. Ferguson provided a brief overview of the proposed amendments to the Pasco Municipal Code (PMC) to align with Washington State law. Council, Mr. Ferguson and Ms. Sigdel discussed the appropriate avenue to support amendments to the SB-5536 legislation. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4673, amending the Title of the City of Pasco Municipal Code Chapter 9.45 “Offenses Involving Drugs”; amending Section 9.45.040; repealing Sections 9.45.010, 9.45.020, 9.45.030, 9.45.050. 9.45.051, 9.45.052. 9.45.060, 9.45.070, 9.45.080, 9.45.085, 9.45.090, 9.45.100, 9.45.110, and 9.45.130, and, further authorize publication by summary only.. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Ordinance No. 4674 - Issuance of 2023 Bond - Limited Tax Obligation (LTGO) Bond Ms. Sigdel introduced Finance Manager Griselda Garcia who provided a brief report on two proposed bond ordinances. One ordinance was for the Limited Tax Page 4 of 6Page 10 of 169 General Obligation bonds and the other ordinance was for refunding revenue bonds. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown to adopt Ordinance No. 4374, relating to contracting indebtedness: providing for the issuance, sale and delivery of not to exceed $14,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds for design, construction and equipping of Fire Station No. 85, completion of improvements of the animal control annex building including furniture, fixtures and equipment, improvements at the Gesa Stadium, and capital improvements at the Memorial Pool Complex, and other capital purposes, as deemed necessary and advisable by the City, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters and, further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach Ordinance No. 4675 - Issuance of 2023 Bonds - Revenue and Refunding MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4675, relating to the waterworks utility of the City; specifying, adopting and ordering the carrying out of a system or plan of additions to and betterments and extensions of the waterworks utility; providing for the issuance, sale and delivery of not to exceed $38,000,000 aggregate principal amount of water and sewer improvement and refunding revenue bonds to provide funds to (a) pay or reimburse all or a portion of the costs of carrying out the plan of additions, (b) refund and redeem outstanding water and sewer revenue bonds of the City, and (c) pay the costs of issuance and sale of the bonds and the administrative costs of the refunding; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for related matters and, further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano ABSENT: Councilmember Roach MISCELLANEOUS DISCUSSION Page 5 of 6Page 11 of 169 Mr. Serrano commented a cannabis retail store scheduled to open on Road 92. Mr. Brown commented on the presentation from the Clubhouse Sports and asked what support Mr. Thornton was seeking from the City. Mr. Thornton, stated that he would like to partner with the Parks & Recreation Department for possible locations and requested funding from the City for economically limited youth to offset the cost of his program. Mayor Pro Tem Maloney reminded that the Franklin County controls the HAPO Event Center where the Clubhouse Sports Academy is located. He also commented on an animal abuse situation and asked for the Tri-Cities Animal Control's procedures for such incidents. Mr. Campos suggested that Mr. Thornton seek grant opportunities Mr. Brown also commented on the animal abuse situation. ADJOURNMENT There being no further business, the meeting was adjourned at 8:21 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 6 of 6Page 12 of 169 MINUTES City Council Workshop Meeting 7:00 PM - Monday, August 14, 2023 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph Campos, David Milne, Zahra Roach, and Pete Serrano Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Kevin Crowley, Fire Chief; Eric Ferguson, Jacob Gonzalez, Community & Economic Development Director; City Attorney; Jesse Rice, Information Technology Director & Interim Administrative & Community Services Director; Brent Cook, Deputy Police Chief; Steve Worley, Public Works Director: and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. EXECUTIVE SESSION Council adjourned into Executive Session at 7:03 PM for 15 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, City Attorney, Deputy City Manager, Community & Economic Development Director, and Land Use Counsel. Mr. Brown arrived virtually at 7:04 PM. At 7:17 PM Mayor Barajas announced that the Executive Session would continue for another 10 minutes. At 7:27 PM Mayor Barajas announced that the Executive Session would continue for another 5 minutes. Page 1 of 4Page 13 of 169 Mr. Gonzalez left the Executive Session at 7:31 PM. Mayor Barajas called the meeting back to order at 7:33 PM. ITEMS FOR DISCUSSION Discussion - Amending the Pasco Municipal Code Title 25 Related to Residential Design Standards Mr. Gonzalez provided a brief report on the proposed amendments to residential design standards in Title 25: Zoning, of the Pasco Municipal Code (PMC). He explained that there will be a need for 23,000 new homes by 2045 to house a population of 125,000 residents. He stated that a housing economist said that the City of Pasco's housing is currently under supplied by 1,700 housing units. Mr. Serrano asked if staff has polled the development community on the types of housing they are seeking to build in Pasco. He commented on the pedestrian access and circulation statement, " . . .access points into a site shall be provided (a) approximately every 330 to 660 feet along existing and proposed perimeter sidewalks. . . ." and recommended that staff be mindful regarding this statement. Mr. Gonzalez advised that developers have requested for additional townhome housing. Also, they noted that parking has been a barrier for building apartments. Mayor Pro Tem Maloney also commented on the pedestrian access point statement and suggested it be amended. He asked about building height and the level of density needed to prevent urban sprawl. Mr. Gonzalez stated that the Housing Action Plan was currently with the Planning Commission and the height issue is being discussed and it will be forwarded to Council once a recommendation is made by the Planning Commission. Mayor Barajas asked about Accessary Dwelling Units (ADUs) in the City. Mr. Gonzalez noted that the City has an ADU brochure available for residents on how to apply for an ADU. Ms. Roach asked about the C-2 overlay zone and the opportunity to allow community service level 2 housing units within that zoning district. Discussion - Single Room Occupancy (SRO) Housing - Moratorium Mr. Gonzalez provided an update on the Single Room Occupancy (SRO) housing in Pasco and the neighboring cities. He displayed photos of the open and pending SROs in the region. Page 2 of 4Page 14 of 169 Council and staff discussed various aspects of SROs and the current SRO moratorium, which will be ending on September 7, 2023 unless Council continues the moratorium. Mayor Barajas, Mr. Campos, Ms. Roach and Mr. Brown supported ending the SRO moratorium. Ms. Roach also supported allowing SROs in R-3 and R-4 zoning districts. Mayor Pro Tem Maloney asked if the Housing Authority supported SROs based on HUD definition or on commercial rates such as charged in the current SROs. He expressed concern about affordable housing and the privately owned SROs that appear not to be affordable for income-limited individuals; however, he was supported ending the moratorium Mr. Serrano and Mr. Milne were in favor of maintaining the SRO moratorium. Mr. Ferguson stated, that unless Council as a whole desires to continue the SRO moratorium, it will end on September 7th with no additional action from Council. MISCELLANEOUS COUNCIL DISCUSSION Mr. Lincoln announced the Felines and Firefighters event scheduled for August 18th. He also announced that the City's utility billing software change is underway. Mayor Pro Tem Maloney commented on the recent Ciao Tratt oria's, "Dinner in the Alley", the outdoor seating located in the downtown area, and overall vibe of the downtown area. Mr. Campos asked about when corner lot fencing coming back to Council. He also asked for confirmation that the Blake Fix will go into effect on August 15th. Ms. Roach asked to be excused from August 21st Council meeting. She announced that the Visit Tri-Cities secured the national Horse Shoe Championship event scheduled for 2024. Lastly, she commented on motorized vehicles disrupting individuals on the bike paths next to the Columbia River. Mr. Serrano asked about the City's Utility billing system change and would there still be an option for customers to submit cash. Ms. Buckley confirmed that the various methods to pay their utility bill will not change. Mr. Milne also asked to be excused from the August 21st Council Meeting. Then he asked about the graffiti on the new sound wall located along US Route 395 near the Blue Bridge. Page 3 of 4Page 15 of 169 Mayor Barajas reiterated community comments expressing approval and thanks for Saturday Farmers Market set up; however, more parking near the market is needed. ADJOURNMENT There being no further business, the meeting was adjourned at 8:31 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 4 of 4Page 16 of 169 AGENDA REPORT FOR: City Council August 17, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $3,995,477.10 I. REFERENCE(S): Accounts Payable 08.21.2023 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,995,477.10 ($2,556,579.24 in Check Nos. 257877 - 258075; $206,935.82 in Electronic Transfer Nos. 842356 - 842357, 842359; $20,487.01 in Check Nos. 54518 - 54537; $1,211,475.03 in Electronic Transfer Nos. 30194685 - 30195378). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 17 of 169 REPORTING PERIOD: August 21, 2023 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 257877 - 258075 54518 - 54537 Total Check Amount $2,556,579.24 $20,487.01 Total Checks 2,577,066.25$ Electronic Transfer Numbers 842356 - 842357 30194685 - 30195378 842359 Total EFT Amount $206,935.82 $1,211,475.03 $0.00 Total EFTs 1,418,410.85$ Grand Total 3,995,477.10$ Councilmember 100 262,722.69 110 3,183.93 140 4,545.76 145 371.09 150 50,094.73 160 6,027.53 165 2,875.68 168 35,726.48 170 173.45 180 734.18 188 54,566.80 190 11,181.77 191 13,541.67 194 1,285.86 196 HOTEL/MOTEL EXCISE TAX 6,827.50 367 922,263.83 410 1,070,647.49 510 77,172.82 511 15,769.22 520 202,095.52 630 4,840.30 690 1,248,828.80 GRAND TOTAL ALL FUNDS:3,995,477.10$ August 3 - August 16, 2023 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Adam Lincoln, City Manager Griselda Garcia, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 21st day of August, 2023 that the merchandise or services hereinafter specified have been received and are approved for payment: C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET SPECIAL ASSESSMENT LODGING REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS MEDICAL/DENTAL/VISION INSURANCE ECONOMIC DEVELOPMENT GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER FLEX PAYROLL CLEARING Page 18 of 169 AGENDA REPORT FOR: City Council August 16, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM: Debra Barham, City Clerk City Manager SUBJECT: Historic Preservation Commission Reappointments of Malin Bergstrom & Daniel Stafford I. REFERENCE(S): Resolution No. 4262 Candidate Applications - Council only II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to confirm the Mayor's reappointments of Malin Bergstrom and Daniel Stafford to Position Nos. 1 and 2 respectively on the Historic Preservation Commission with terms expiring on August 1, 2026. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Historic Preservation Commission (HPC) is composed of five members; terms are for three (3) years. The HPC meets the second Wednesday of each month. The HPC identifies and actively encourages the conservation of Pasco’s historic resources by reviewing National Register properties applying for Special Tax Valuation, raises community awareness of Pasco’s history and historic resources, and serves as the City of Pasco’s primary resource in matters of history, historic planning and preservation. Position Nos. 1 & 2, currently held by Malin Bergstrom and Dan Stafford expired on August 1, 2023; however, per the PMC, they continue to serve on this commission until either they are reappointed or a new appointment is made. Page 19 of 169 As outlined in Resolution No. 4262, the Council subcommittee, consisting of Mayor Barajas, Mayor Pro Tem Maloney and Councilmember Campos, met and reviewed the applications. Ms. Bergstrom has served on the HPC since May 2013 and Mr. Stafford since November 2006. A third application was rec eived for consideration; however, the applicant withdrew their application as circumstances had changed. Mr. Stafford was interviewed, per Resolution No. 4262, as he has served two full terms since his last interview. Ms. Bergstrom was not required to be interviewed for this reappointment. The Council subcommittee concurred that both Ms. Bergstrom and Mr. Stafford were valued members of the HPC and expressed appreciation for the work the HPC has accomplished to date. V. DISCUSSION: Mayor Barajas requests Council's concurrence in her reappointments of Malin Bergstrom and Daniel Stafford to the Historic Preservation Commission. Page 20 of 169 RESOLUTION NO.4262 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist the delivery of municipal services,as well as to advise the City Council in making policy decisions; and WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions, subject to confirmation of the City Council; and WHEREAS, the last amendment to the City's Boards and Commissions appointment process was passed by Council on April 16, 2012, through Resolution No. 3388; and WHEREAS, the solicitation process and management of the City's Boards and Commissions members was transferred from the City Manager's Office to the City Clerk's Office in January 2020; and WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for reviewing application packets and interviewing candidates was modified to accommodate meeting restrictions, which also allowed far the use of new technology providing for the conduct of interviews virtually; and WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and Commissions application packets and interviewing candidates through a Council subcommittee consisting of two Councilmembers and the Mayor, which has been effective and efficient for both the City Council and applicants alike. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: Section 1: Applications for vacancies on City Boards and Commissions shall be solicited by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or when a vacancy occurs due to a resignation or removal of a member. Section 2: Application packets, of those candidates meeting the qualifications for the Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for upcoming position term expirations. The Council subcommittee shall select those candidates it deems best suited for the respective Board/Commission but not more than three candidates for Resolution—BC Interview&Appointment Process- 1 Page 21 of 169 each vacancy to be filled. The Council subcommittee shall consider the following factors, including,but not limited to : a) Geographic representation b) Gender representation c) Ethnic representation d) Familial and financial relationships of board members e) Qualifications and expertise related to the subject matter of the respective Board or Commission Section 3: The Council subcommittee shall conduct the interviews of the selected candidates and may recommend reappointment of an incumbent applicant without interview if the incumbent has served not more than two consecutive terms since the last interview. At a City Council meeting following such interviews, an interviewed candidate shall be selected by the Mayor for appointment/reappointment to each vacant position. Any candidate selected by the Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions in this resolution shall be superseded by this resolution. Section 5: This Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this 24 day of October, 2022. Blan s Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC err Fer I aw, PLLC City Clerk City torneys Resolution—BC Interview&Appointment Process-2 Page 22 of 169 AGENDA REPORT FOR: City Council August 16, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM: Steve Worley, Director Public Works SUBJECT: Resolution No. 4367 - United States Department of the Interior, Bureau of Reclamation Land Acquisition (Contract No. 21-07-16-L6276) I. REFERENCE(S): Resolution Contract No. 21-07-16-L62766 Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4367, authorizing the City Manager to enter into Contract No. 21-07-16-L6276 with the United States Department of the Interior Bureau of Reclamation for the purchase of lands. III. FISCAL IMPACT: Contract No. 21-07-16-L6276 is structured to provide a combined one-time lump-sum payment of $360,000, utilizing a purchase price of $1,500.00 per acre as shown in the breakdown in Table 1. Table 1 – Parcel Purchase Price Breakdown. Franklin County Auditor’s: Parcel No. 113090058 $240,000 Parcel Cost (containing 160 acres more or less) Parcel No. 124710054 $120,000 Parcel Cost (containing 80 acres more or less) TOTAL PURCHASE PRICE $360,000 NOTE: Cost per acre was provided by USBR verbally while internal federal approval processes are underway. Formal notice of land cost determination is expected this week. Page 23 of 169 IV. HISTORY AND FACTS BRIEF: Parcel Nos. 113090058 and 124710054 are currently owned by the United States Department of the Interior, Bureau of Reclamation (USBR) and will be conveyed through quitclaim deed to the City of Pasco in association with the Process Water Reuse Facility (PWRF) Phase 2 - Winter Storage Pond project. Parcel No. 113090058 contains 160 acres and consists of two distinct 80 -acre segments that are located adjacent to the north and south sides of the City’s PWRF 80an is 124710054 No. Parcel site. -landof piece acre located approximately two miles northeast of the PWRF site. The PWRF provides pretreatment and final disposal via land application (irrigation) of food processing wastewater, significantly reducing the load on the City's municipal wastewater treatment plant and protecting Columbia River water quality. The City will be begin soon the process of constructing Phase 2 of the planned improvements and modifications to the PWRF. The referenced construction project will create three winter storage ponds that will be located on the north 80- acre segment of Parcel No. 113090058 next to the PWRF site. The excess materials generated by the pond excavation activities will be hauled to and placed on the south 80-acre segment of Parcel No. 113090058 and on Parcel No. 124710054. V. DISCUSSION: Over the past 18 months, City staff have diligently coordinated the land purchase process which is now nearing the conclusion of negotiations. All necessary documentation is prepared for the title transfer of the mentioned two pa rcels. The pending step involves awaiting a formal notice of the land's value, which has been established by the USBR selected appraiser. In recent communications, a representative from UBSR Realty indicated a land value of $1,500.00 per acre, a valuation derived from a USBR-led land assessment. While this value has been acknowledged, the official confirmation has yet to be received, despite expectations spanning several weeks. The acquisition of this land is a pivotal milestone for the initiation of construction activities for the PWRF Pretreatment improvements Phase 2 - Winter Storage project. With the project having undergone the bidding process and being poised for award, securing advance approval for the purchase becomes a strategic necessity to avert unwarranted delays in the project timeline. Page 24 of 169 City staff remains dedicated to securing the formal valuation documentation promptly, facilitating the expeditious completion of this acquisition process. Staff recommends approval of the proposed Quit Claim Deed for land transfer between USBR and the City in relationship with the PWRF Pretreatment Improvements Phase 2 – Winter Storage project. Page 25 of 169 Resolution – USBR Land Acquisition Pretreatment Improvements Phase 2 Project - Page 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT NO. 21-07-16-L6276 WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION FOR THE PURCHASE OF LANDS. WHEREAS, the City of Pasco (City) owns, operates, and maintains a Washington State Department of Ecology (ECY) approved Process Water Reuse Facility (PWRF) and 14 nearby farm circles for the treatment and disposal of industrial wastewater from several local agricultural processing plants; and WHEREAS, the City’s PWRF currently receives an annual total of over 900 million gallons of industrial wastewater from six agricultural food processors; and WHEREAS, a new dairy processor is building a large plant scheduled to be operational by the middle of 2024 and plans to send their process waters to the PWRF for treatment/land application; and WHEREAS, the City has need to increase the treatment capacity of the PWRF, increase winter storage pond capacity, and increase the land treatment system to accommodate the increased growth in the local agricultural processing industry; and WHEREAS, the United States Department of the Interior Bureau of Reclamation (USBR) has agreed to sell the City certain lands identified by the Franklin County Auditor as Parcel No. 113090058 (containing 160 acres more or less) and Parcel No. 124710054 (containing 80 acres more or less); and WHEREAS, the Parties have mutually agreed upon a purchase price of $1,500.00 per acre equalling a total purchase price of $360,000.00 for the above identified two parcels; and WHEREAS, the City considers this a reasonable value and a prudent use of public resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Manager is hereby authorized, empowered, and directed to sign and execute Contract No. 21-07-16-L6276 with the United States Department of the Interior Bureau of Reclamation for the purchase of lands containing 240 acres more or less, in substantially the same form as copies attached hereto and incorporated herein by this reference as Exhibit A; and to make minor, substantive changes as necessary to execute the contract. Page 26 of 169 Resolution – USBR Land Acquisition Pretreatment Improvements Phase 2 Project - Page 2 Section 2. That this Resolution shall take effect and be in full force immediately upon passage by the City Council. PASSED by the City Council of the City of Pasco, Washington, on this ____ day of August, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 27 of 169 RETURN TO: Contract No. 21-07-16-L6276 Bureau of Reclamation S.4, T.9N., R.30E. & Attn: Karissa Fromm (EPH-2409) S.34, T.10N., R.30E., W.M. 32 C Street NW Franklin County, Washington Ephrata, WA 98823 Tax Parcel Nos. 113090058, EFO 21-0072 124710054 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Columbia Basin Project Franklin County, Washington THIS QUITCLAIM DEED, made the _____ day of ___________________________, 2023, pursuant to the Reclamation Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. §391), and all acts amendatory thereof and supplementary thereto, collectively referred to as the Federal Reclamation Laws, including Section 4 of the Columbia Basin Project Act of March 10, 1943 (57 Stat. 14; 16 U.S.C §835), between the UNITED STATES OF AMERICA, Grantor, hereinafter call the United States, acting by and through the Department of the Interior, Bureau of Reclamation, hereinafter called Reclamation, and the CITY OF PASCO, a municipality, hereinafter referred to as the Grantee. WITNESSETH THAT: WHEREAS, the United States, pursuant to Federal Reclamation Laws and in connection with the Columbia Basin Project, acquired certain land for Franklin County Parcel No. 113090058 by virtue of Warranty Deed from Frederick W. Claus, dated July 16, 1947, as under Contract No. I36r-3653. Certain land for Franklin County Parcel Nos. 113090058 and 124710054 was acquired by virtue of Land Purchase Contract No. I36r-4200, dated February 23, 1949, as recorded under Franklin County Auditor File No. 121542; and, WHEREAS, pursuant to the Project Scattered Tracts Resource Management Plan, the United States has determined the property is no longer needed for project purposes; and, WHEREAS, it is the mutual interest of the United States and the Grantee to release Franklin County Parcel Nos. 113090058 and 124710054, that are no longer needed for Project purposes; and, WHEREAS, it has been determined, under authority delegated by the Secretary of the Interior, that the Grantee is eligible, under the provisions of the Columbia Basin Project Act, to acquire the land further described in this Quitclaim Deed; and, Page 28 of 169 NOW, THEREFORE, for and in consideration of the sum of ############ (##), paid in hand, receipt of which is hereby acknowledged, the United States, acting by and through Reclamation, within the provisions of the Federal Reclamation Laws, previously cited, and acts amendatory thereof or supplementary thereto, and authority delegated thereunder, does hereby remise, release, and forever quitclaim unto the Grantee, its successors and assigns forever, all of the right, title, and interest in and to the property situated in the County of Franklin, State of Washington, to wit: A parcel of land located in the North Half of the Northwest Quarter (N½NW¼) and the the North Half of the Southwest Quarter (N½SW¼) of Section Four (4), Township Nine (9) North, Range Thirty (30) East, Willamette Meridian, Columbia Basin Project, Franklin County, Washington. AND A parcel of land located in West Half of the Northwest Quarter (W½NW¼) of Section Thirty-Four (34), Township Ten (10) North, Range Thirty (30) East, Willamette Meridian, Columbia Basin Project, Franklin County, Washington. Said total acres being 240 acres, more or less, more particularly described in Exhibit A and depicted in Exhibit B, attached hereto and by this reference made a part hereof. SUBJECT TO THE FOLLOWING CONDITIONS, RESERVATIONS, EXCEPTIONS, AND OTHER OUTSTANDING RIGHTS: 1. The reservation of a right-of-way for ditches and canals constructed or to be constructed by the authority of the United States, this reservation being of the same character and scope as that created with respect to certain public lands by the Act of August 30, 1890 (26 Stat. 391) as it has been amended. 2. Any third-party rights of record including, but not limited to, oil, gas, mineral interests, rights-of- way or easements for roads, highways, public utilities, railroads, ditches, canals, flumes, pipelines, telephone, telegraph, and power transmission lines, created in favor of the public or public utilities, upon, over, under, and across said property. 3. The rights, if any, that were reserved to the United States, on all or any portion of the said lands in its original patent or other transfer by the United States. NOTICE IS HEREBY GIVEN that: THE INFORMATION CONTAINED IN THIS NOTICE IS REQUIRED UNDER AUTHORITY OF REGULATIONS PROMULGATED UNDER SECTION 120(b) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA OR “SUPERFUND”), 42 U.S.C SECTION 9620(h). Acting pursuant to the requirements of 40 CFR §37, on #####, the United States performed a hazardous waste survey on the subject lands. The land is being quitclaimed to the Grantee in the same conditions as existed on the date of said survey and which is more particularly described in the survey. No remediation by the United States on behalf of the Grantee has been made or will be made because none is necessary. Page 29 of 169 The United States has conducted a search of files at the Bureau of Reclamation, Ephrata Field Office, Ephrata, Washington, to identify available information with respect to hazardous substances that were stored for one year or more, known to have been released, or disposed of at the property. That search of available information produced no information on hazardous substances so stored, released, or disposed. (a) The Grantee accepts the premises and appurtenances as is, including, but not limited to, accepting responsibility for management, monitoring, and any legally required mitigation measures and/or cleanup associated with any existing improvements. (b) CERCLA Environmental Covenants and Stipulations: i. To the extent the United States is determined responsible, the United States warrants that any response action or corrective action found to be necessary after the date of the transfer shall be conducted by the United States. ii. The United States reserves the right of access to the property in any case in which a response or corrective action is found to be necessary by the United States at said property, or when such access is necessary for the United States to carry out a response or corrective action on adjoining property. IN WITNESS WHEREOF, the United States of America has executed this document the date and year firs above written. . THE UNITED STATES OF AMERICA Department of the Interior ________________________________ Marc Maynard Ephrata Field Office Manager Bureau of Reclamation Columbia-Cascade Area Ephrata Field Office 32 C Street NW Ephrata, WA 98823 ACCEPTANCE AND RELEASE: The City of Pasco, as the Grantee, hereby accepts according to the conditions stated, this deed and the rights herein quitclaimed. The Grantee agrees to assume full and complete responsibility for the portion it is acquiring and agrees to indemnify and hold harmless the United States, its agents and employees, from any loss or damage and from any liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made that may occur or result in any way from the acquisition of said lands. ______________________________________ __________________ Adam Lincoln, City ManagerSteve Worley, Mayor Date City of Pasco Page 30 of 169 ACKNOWLEDGEMENTS STATE OF WASHINGTON ) ):ss COUNTY OF ______________) On the day of , 2023, ADAM LINCOLNSTEVE WORLEY, personally appeared before me, known to me to be the official of CITY OF PASCO, that executed the within and foregoing instrument and acknowledged that said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public, State of Washington (SEAL) Residing at: My Commission expires: ACKNOWLEDGEMENT STATE OF WASHINGTON ) ):ss COUNTY OF GRANT ) On this the day of , 2023, MARC MAYNARD, personally appeared before me, known to me to be the official of the UNITED STATES OF AMERICA that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public, State of Washington (SEAL) Residing at: My Commission expires: Page 31 of 169 EXHIBIT A City of Pasco Disposal Franklin County, WA EFO 21-0072 Contract No. 21-07-16-L6276 A Parcel of Land located in the North Half of the Southwest Quarter (N½SW¼) of Section Four (4), Township Nine (9) North, Range Thirty (30) East, Willamette Meridian, Columbia Basin Project, Franklin County, Washington. Said parcel beging 80 acres, more or less. AND A Parcel of Land Located in the North Half of the Northwest Quarter (N½NW¼) of Section Four (4), Township Nine (9) North, Range Thirty (30) East, Willamette Meridian, Columbia Basin Project, Franklin County, Washington. Said parcel being 80 acres, more or less. Page 32 of 169 EXHIBIT A City of Pasco Disposal Franklin County, WA EFO 21-0072 Contract No. 21-07-16-L6276 A Parcel of Land located in the West Half of the Northwest Quarter (W½NW¼) of Section Thirty-Four (34), Township Ten (10) North, Range Thirty (30) East, Willamette Meridian, Columbia Basin Project, Franklin County, Washington. Said parcel being 80 acres, more or less. Page 33 of 169 EFO 21-0072 Contract No. 21-07-16-L6276 Subject Parcels – 160 acres ± A parcel of land Located in the N½ of the SW¼ and the N½ of the NW¼ of Section Four (4), Township Nine (9) North, Range Thirty (30) East, Willamette Meridian, Franklin County, Washington. Section 4, T9N, R30E 33 34 4 3 N Page 34 of 169 EFO 21-0072 Contract No. 21-07-16-L6276 Subject Parcel – 80 acres ± A parcel of land Located in the W½ of the NW¼ of Section Thirty-four (34), Township Ten (10) North, Range Thirty (30) East, Willamette Meridian, Franklin County, Washington. 28 27 33 34 N Page 35 of 169 DRAWING IS FULL SCALE WHEN BAR MEASURES 1” Vicinity MapN This map is a graphic representation derived from the City of Pasco Geographic Information System. It was designed and intended for City of Pasco staff use only; it is not guaranteed to survey accuracy. This map is based on the best information available on the date shown on this map. Any reproduction or sale of this map, or portions thereof, is prohibited without express written authorization by the City of Pasco. This material is owned and copyrighted by the City of Pasco. 0 1,000 2,000500 Feet J:\DATA\PSC\21-0236\06 AGENCY\CITY\FIGURES\FIG1_PROJECT_PHASING_MAP.PDF BY: NBLOXTON PLOT DATE: JUL 5, 2023 COORDINATE SYSTEM: NAD 1983 HARN STATEPLANE WASHINGTON SOUTH FIPS 4602 FEET Figure 1 City of PascoCity of Pasco Project Footprint and Phasing Map Process Water Reuse Facility ImprovementsProcess Water Reuse Facility Improvements 1 inch : 2,000 feet E V i n e y a r d D r NFeedLotRdN F e e d L o t R d F e e d L o t R d E F o s t e r W e l l s R d NCapitolAveBlasdelRdE F o s t e r W e l l s R d Legend PWRF Improvements Project Footprint PWRF Improvements Project Haul Routes PWRF Phase 1 Project Alignment PWRF Phase 2 Project Footprint PWRF Phase 3 Project Footprint PWRF Future Expansion Project Footprint Parcels USA BUREAU OF RECLAMATION 113090058 CITY OF PASCO 113090086 CITY OF PASCO 113090087 USA 113090058 USA 113140039 USA 124710054 USA 124710045 USA 113080014 CITY OF PASCO 113160017 CITY OF PASCO 113070025 BPA ROW Corridor Phase 2 Potential Haul Routes PWRF PHASE 2 USBR LAND ACQUISITION VICINITY MAP PURCHASE PARCEL PURCHASE PARCEL PURCHASE PARCEL FUTURE PURCHASE PARCEL Page 36 of 169 AGENDA REPORT FOR: City Council August 15, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM: Steve Worley, Director Public Works SUBJECT: Resolution No. 4368 - Approval of Washington State Department of Health Loan Agreement No. PCL28205-0 for the Butterfield Water Treatment Plant Improvement Project I. REFERENCE(S): Resolution Exhibit A - Loan Contract II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4368, authorizing the City Manager to execute Loan Agreement No. PCL28205-0 with the Department of Health. III. FISCAL IMPACT: The City was awarded a $500,000 loan with a 0%-interest rate to partially fund the design of the first phase of the Butterfield Water Treatment Plant (WTP) Improvement Project. The loan is administered by the Washington State Department of Health (DOH) as part of their Drinking Water State Revolving Fund program. The 10-year term loan has a non-refundable 2% loan fee included in the total loan amount of $510,000. Debt service on the proffered loan is less expensive than traditional debt through a utility revenue bond. The repayment of the 2% loan fee loan can be spread out over 10 years along with the principal amount and with a 0% interest rate which creates a more palatable cash flow situation. By comparison, interest rates on a revenue bond would be in the 4-5% range and combined with the additional costs associated for issuance, would far exceed the aforementioned 2% loan fee amount. Debt service is an annual operational cost supported by utility rates and associated revenues, leveraging low-interest loans such as the one proposed through the Drinking Water State Revolving Fund Program benefits City utility ratepayers by helping to keep rates lower. Page 37 of 169 IV. HISTORY AND FACTS BRIEF: The Butterfield WTP Improvements Project is a three-phased, 20-year project that will correct identified limitations and deficiencies at the facility to address treatment techniques and water quality concerns, to improve plant resiliency and redundancy, and employ new technologies and enhanced water conservation measures for the City of Pasco. The Butterfield WTP Plan and recent Risk and Resiliency Assessment identified several Butterfield WTP components as either aging infrastructure and/or lacking resiliency. To address these deficiencies, the City requires several pl anned, large-scale, expansion/upgrade projects at the 75 -year old Butterfield WTP. In preparation for the eventual failure of the existing Butterfield WTP, the City completed a facility plan that identified treatment and capacity deficiencies, compared new and existing treatment technologies to address water quality concerns, and provided recommendations to develop a course of action for repairing (where applicable) and/or replacing the WTP infrastructure components. The first improvement identified in the facilities plan is a new electrical building, sized to accommodate current and future planned electrical loads, supplemented with standby power generators for reliability. The existing plant does not have backup power capabilities and although the plant is fed from two separate power sources, neither source can run the entire plant. Another crucial improvement project in the facilities plan recognizes the need for a new chemical building to house the equipment and chemicals currently in use at the plant, as well as provide space for the planned equipment for the on -site sodium hypochlorite generation system and ozone quenching chemicals. The current chlorine gas disinfection system is housed in a small room and lacks sufficient storage space to house th e chlorine gas tanks. During high flow periods, the chlorine gas is delivered to the site two or more times per week. The associated frequent delivery/handling activities creates a significant safety concern, given the toxicity of chlorine gas. Additionally, the current system lacks a scrubber to mitigate the risk of a gas leak/release, fire protection system, and other modern-day chlorine gas related safety systems. The next large Butterfield WTP improvement identified in the facilities plan concerns the design and construction of a new ozone treatment system, to include on-site ozone generation, an injection system, and a concrete contactor box. The ozone system will provide pre -oxidation and primary disinfection, remove metals and algal toxins, facilita te the operation of the filtering system, and mitigate taste and odor issues. Page 38 of 169 This phase also includes smaller raw water intake and pump station improvements. Standby power, electrical improvements, pump upgrades, and security fencing/cameras to deter vandalism will all improve the intake facility by the Columbia River. Replacement of the air burst cleaned intake screens with mechanically cleaned screens will alleviate the blinding problems caused by the recent prevalence of milfoil vegetation mats. V. DISCUSSION: Staff recommends approval of the $500,000 Drinking Water State Revolving Fund Loan from the Washington State Department of Health for the Butterfield WTP Improvement Project. Page 39 of 169 Resolution – DOH Loan for Butterfield WTP - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE LOAN AGREEMENT NO. PCL28205-0 WITH THE WASHINGTON STATE DEPARTMENT OF HEALTH FOR PRECONSTRUCTION ACTIVITIES FOR THE BUTTERFIELD WATER TREATMENT PLANT IMPROVEMENTS PROJECT. WHEREAS, the City of Pasco (City) presently provides domestic water to more than 80,000 citizens; and WHEREAS, the City relies on the Columbia River for its raw water supply; and WHEREAS, the City owns and operates the Butterfield Water Treatment Plant (Butterfield WTP) which provides physical and chemical treatment of the incoming raw water prior to discharge to the City’s potable water distribution system; and WHEREAS, the Butterfield WTP, originally constructed in 1946, is nearing the end of its forecasted service life; and WHEREAS, a Facility Plan was developed to identify the phased replacements, improvements, and modifications needed to restore the facility’s ability to reliably provide 30 million gallons of treated water per day; and WHEREAS, via Resolution No. 4272, the City authorized staff to apply for a Washington State Department of Health (DOH) Drinking Water State Revolving Funding (DWSRF) Program loan; and WHEREAS, the City subsequently received a $500,000 award from DWSRF offered with a 0% interest rate, 10-year repayment term, and 2% non-refundable loan fee; and WHEREAS, these funds will be used to perform preconstruction activities for the design and permitting of facility improvements to include: (1) a new electrical building to accommodate future planned electrical loads, upgraded electrical power feed to the plant, and standby power generation; (2) a new chemical building to house the equipment and chemicals currently in use at the plant and new equipment for the planned on-site sodium hypochlorite generation system and ozone quenching chemicals; (3) new ozone treatment system, including on-site ozone generation, injection, and concrete contactor; (4) raw water intake and pump station improvements to include screen replacement, standby power and electrical improvements, pump upgrades, and security fencing and cameras to reduce vandalism; and (5) miscellaneous near-term general repairs and improvements, seismic and life safety improvements, and replacement of three aging air compressors; and Page 40 of 169 Resolution – DOH Loan for Butterfield WTP - 2 WHEREAS, the City is required to enter into an agreement with DOH for access to loan funds awarded to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute Loan Agreement No. PCL28205-0 with the Department of Health, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A, and to make minor substantive changes as necessary to execute the Agreement; and Be It Further Resolved, that this Resolution will take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 21st day of August, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 41 of 169 August 3, 2023 City of Pasco Adam R. Lincoln, City Manager 525 North 3rd Avenue Pasco, WA 99301 lincolna@pasco-wa.gov RE: Loan Contract Number: PCL28205-0 Dear Adam Lincoln; Enclosed is the Drinking Water State Revolving Fund Pre Construction Loan Contract Number identified above for your signature. The Loan Contract details the terms and conditions that will govern the agreement between us, which includes the project's Scope of Work and an Attorney's Certification as formal attachments. Failure to return the contracts within 60 calendar days of the date of this letter may result in your loan offer being withdrawn. You may sign electronically by following the instructions of the email. Note, if you’re not the authorized signer do not forward, click on the delegated button in the email. Once signed the document will be sent back to DOH automatically. If you prefer, print and sign a hard copy, scan and return by email to dohcon.mgmt@doh.wa.gov or print and sign a hard copy, and return the originals to us for full execution. Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both state and federal requirements. A non-refundable two-percent loan administration fee will be collected at contract execution, including any subsequent amendments where funds are added. The loan amount may be modified to include an amount sufficient to cover the two percent loan administration fee. In most cases, the fee will be collected in full at contract execution. Please review the terms and conditions of the Loan Contract and all attachments carefully for details. A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your registration in the System for Award Management at www.sam.gov. Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors, subcontractors, engineers, architects, consultants, and equipment vendors . The Exclusion Report can be accessed at www.sam.gov. Failure to provide this required certification may result in termination of your loan contract. After the Loan Contracts have been signed by the Department or its designee, one fully executed original will be returned to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred within the contract period of performance, and which have supporting documentation such as receipts or bills. We are looking forward to working with you over the course of this project. If you have any questions about this Loa n Contract, please contact me. Sincerely, Dennis Hewitt DOH Contract Manager 360.236.3017 Dennis.Hewitt@DOH.WA.GOV Enclosures: ATTACHMENT I: ATTORNEY'S CERTIFICATION ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES EXHIBIT A Page 42 of 169 Washington State Department of Health DWSRF Municipal Pre Construction Loan Boilerplate July 2019 Page 43 of 169 Page 44 of 169 City of Pasco Page 1 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) 1. CONTRACT FACE SHEET 2022-4063 Pre Construction Loan Number: PCL28205 Washington State Department of Health (DOH) Drinking Water State Revolving Fund (DWSRF) Municipal 1. Borrower 2. Borrower Doing Business As (optional) City of Pasco 525 North 3rd Avenue P.O. Box 293 Pasco, WA 99301 3. Borrower Type Pre Construction Loan 4. Borrower’s Statutory Authority 5. Borrower Contract Manager Information 6. DOH Contract Manager Contact Name Adam R. Lincoln Phone #509.545.3404 Email: lincolna@pasco-wa.gov Dennis Hewitt P.O. Box 47822 Olympia, WA 98504-7822 Phone #360.236.3017 Email dennis.hewitt@doh.wa.gov 7. Project Name Butterfield WTP Upgrade 8. Loan Amount 9. Funding Source 10. Start Date 11. End Date Amount: $510,000.00 Loan Fee: $10,000.00 Interest Rate: 0.00% Federal: State: Other: DOE October 1, 2032 12. Federal Funding Agency Environmental Protection Agency Catalogue of Federal Assistance (CFDA) Number 66.468 13. Borrower Tax ID # 91-1983815 14. Borrower Statewide Vendor # 0007164-00 15. Borrower UBI # 113-000-052 16. Borrower UEI # SLEFSS3FH88 17. Contract Purpose DOH and the party identified above as Borrower, hereafter referred to as BORROWER, have entered into this contract to fund the project identified above that furthers the goals and objectives of the DOH DWSRF Program. The project will be done by the BORROWER as described in the scope of work and this contract. The rights and obligations of the parties are governed by this contract and the following documents incorporated by reference: General Terms and Conditions including Declarations; .Section 2.6: Scope of Work (Project); Attachment I: Attorney's Certification; Attachment II: Federal and State Requirements; Attachment III: Disadvantaged Business Enterprise Requirements; Attachment IV: Certification Regarding Debarment, Suspension, and Other Responsibility Matters; Attachment V: DWSRF Eligible Project Costs; and Attachment VI: Labor Standard Provisions for Subrecipients that are Governmental Entities. By the signature below, the parties acknowledge and accept the terms of this contract. FOR CONTRACTOR FOR DOH SIGNATURE and DATE SIGNATURE and DATE NAME AND TITLE NAME AND TITLE APPROVED AS TO FORM ONLY Mark Calkins, AAG Signature on File Page 45 of 169 Page 46 of 169 City of Pasco Page 2 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) 2. DECLARATIONS 2.1 BORROWER INFORMATION Legal Name: City of Pasco Loan Number: PCL28205 Award Year: 2022 State Wide Vendor Number: 007164-00 2.2. PROJECT INFORMATION Project Title: Butterfield WTP Upgrade (Pre-Construction Loan) Project Location (City or County): Franklin County Project State: Washington Project Zip Code: 99301 Project Scope of Work (PROJECT): Attachment I, attached hereto and incorporated by reference See CPAR 2.3 CONTRACT COMMUNICATION Communications regarding Contract performance is delegated by each party to its Contract Manager. Either party may change its Contract Manager by notice to the other party. Either party may identify on an as needed basis an alternate Contract Manager to serve during the stated temporary absence of its primary Contract Manager. Notices between the parties regarding Contract performance must be provided by written communication to the other party’s Contract Manager. Written communication includes email but not voice mail. Notices are presumed received by the other party’s Contract Manager upon evidence of delivery between the hours of 8:00 am to 5:00 pm except for state holidays and weekends. 2.4 LOAN INFORMATION Loan Amount: $510,000.00 Loan Fee (Included in loan amount if applicable): $10,000.00 Principal Loan Forgiveness : 0% Loan Term: 10 years Interest Rate: 0.00% Payment Month(s): October 1st Annually Earliest Date for Construction Reimbursement: 12 months prior to contract counter signed by DOH Time of Performance: 24 months from Contract start date (date of last signature) to project Completion date. Notice to Proceed: 12 months from Contract start date 2.5 FUNDING INFORMATION Total Funds from BORROWER: NA Source(s) of Funds from Borrower, with assigned amounts per source: NA Total State Funds: Total Amount of Federal Award (as applicable): Total Amount of Loan: $510,000.00 Federal Award Date: Federal Award ID # (FAIN): NA Amount of Federal Funds Obligated by this Action: 2.6 SPECIAL TERMS AND CONDITIONS N/A Page 47 of 169 DWSRF PROGRAM PLANNING & ENGINEERING LOAN CONTRACT INFORMATION 2022-4063, CITY OF PASCO, BUTTERFIELD WTP IMPROVEMENTS DWSRF Scope of Work Form: Scope of Work: Project to include the design and construction of the following 20-year Capital Improvement Plan infrastructure improvements referenced in the Butterfield Water Treatment Plant Facilities Plan: 1. New electrical building sized to accommodate current and future planned electrical loads, upgrade electrical power feed to the plant, replace electrical components (including transformers, main distribution panels, and MCCs), and install a standby power generator. 2. New chemical building to house the equipment and chemicals currently in use at the plant (including alum, fluoride, caustic soda, filter aid polymer, and potassium permanganate) and the new equipment for the planned on-site sodium hypochlorite generation system and ozone quenching chemicals. The following improvements are also planned for this phase: 3. New ozone treatment system, including on-site ozone generation, injection, and concrete contractor. 4. Raw water intake and pump station improvements to include screen replacement, standby power and electrical improvements, pump upgrades, and security fencing and cameras to deter vandalism. 5. Miscellaneous near-term general repairs and improvements, seismic and life safety improvements, and replacement of three aging air compressors. Accordingly, calculating the sizing requirements for the electrical and chemical buildings will involve preliminary design tasks for the ozone system and future planned improvements. In addition to costs for design and construction of the above improvements, project related expenditures may include (but are not limited to): third-party constructability reviews, third-party construction management/inspections, hydrogeologic assessments, cultural and environmental reviews, regulatory permits and fees, creation and execution of public involvement plans, taxes, legal services, and administrative and audit support. Page 48 of 169 2022-4063, CITY OF PASCO, BUTTERFIELD WTP IMPROVEMENTS Project Costs by Cost Category: COST CATEGORY CURRENT ESTIMATES Engineering Report (Preliminary Engineering) $45,000.00 Environmental Review $8,000.00 Historical Review/Cultural Review $8,000.00 Land/ROW Acquisition $0 Permits $30,000.00 Public Involvement/Information $4,000.00 Bid Documents (Design Engineering) $400,000.00 Construction: Estimated Cost. Provide details on following pages. $0 DOH Review/Approval Fees: $5,000.00 Contingency: (10% min, 20% max) $0 Sales or Use Taxes $0 Construction Engineering/Inspection $0 Insurance: $0 Audit: $0 Legal: $0 Service Meters (Purchase and Installation) $0 Other: $0 TOTAL ESTIMATED PROJECT COSTS (before Loan Fee) $500,000.00 DWSRF Loan Origination Fee (2%) $10,000.00 DWSRF Loan Award $510,000.00 NOTE: Total design costs will exceed the amounts shown above. The table above shows only the loan amount allocations. Page 49 of 169 2022-4063, CITY OF PASCO, BUTTERFIELD WTP IMPROVEMENTS Project Funding: TYPE OF FUNDING SOURCE CURRENT STATUS Grants and Other Non-Matching Funds Grant #1 $ Grant #2 $ Other Grants $ New Grants $ Total Grants and Other Non-Matching Funds a) $0.00 Loans This Loan Request DWSRF loan (PCL28205) $510,000 Other Loan #1 $ Other Loan #2 $ Other Loans $ New Loans $ Total Loans b) $510,000 Local Revenue Source #1 Water Utility $2,486,514 Source #2 $ Other Local Revenue $ New Local Revenue $ Total Local Revenue c) $2,486,514 Other Funds Other Funds $ Other Funds $ Total Other Funds d) $ TOTAL PROJECT FUNDING e) $2,996,514 Page 50 of 169 2022-4063, CITY OF PASCO, BUTTERFIELD WTP IMPROVEMENTS Engineer’s Certification: The term of this loan will be based on an engineer’s certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the jurisdiction prefers the term of its loan to be less than either 20 years or t he useful life of the improvements, the preferred loan term should be indicated here: __ years. I, _______________________, licensed engineer, certify that the average expected useful life for the improvements described above is __ years. Signed: ____________________________ Name: ____________________________ Date: ____________________________ Telephone: ____________________________ Professional Engineer License Number: _____________ Page 51 of 169 TABLE OF CONTENTS CONTRACT TERMS AND CONDITIONS 3 1. DEFINITIONS ............................................................................................................................................3 2. AUTHORITY..............................................................................................................................................3 3. PURPOSE .................................................................................................................................................4 4. ORDER OF PRECEDENCE ...........................................................................................................................4 5. AMOUNT OF LOAN ..................................................................................................................................4 6. LOAN FEE .................................................................................................................................................4 7. TERM OF LOAN ........................................................................................................................................4 8. RATE ........................................................................................................................................................4 9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION ..................................................4 10. TIME OF PERFORMANCE ..........................................................................................................................5 11. PROJECT COMPLETION AMENDMENT AND THE PRE-CONSTRUCTION COMPLETION REPORT ......................5 12. REPAYMENT ............................................................................................................................................6 13. DEFAULT IN REPAYMENT ..........................................................................................................................6 14. LOAN SECURITY .......................................................................................................................................6 15. HISTORICAL AND CULTURAL ARTIFACTS ....................................................................................................6 16. FEDERAL AND STATE REQUIREMENTS .......................................................................................................7 17. COMPETITIVE BIDDING REQUIREMENTS ...................................................................................................7 18. PAYMENT TO CONSULTANTS ....................................................................................................................7 19. ELIGIBLE PROJECT COSTS ..........................................................................................................................8 20. PREVAILING WAGE ...................................................................................................................................8 21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR) ..........................................................8 22. RECORDKEEPING AND ACCESS TO RECORDS .............................................................................................8 23. REPORTS ..................................................................................................................................................9 24. RECOGNITION OF EPA FUNDING ...............................................................................................................9 25. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ........................................................................9 26. NONDISCRIMINATION PROVISION ............................................................................................................9 27. PROHIBITION STATEMENT ...................................................................................................................... 10 28. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM ............................................................... 10 29. LITIGATION ............................................................................................................................................ 10 30. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES ........................................................................... 10 31. SPECIAL CONDITIONS ............................................................................................................................. 10 32. INVESTMENT GRADE AUDIT ................................................................................................................... 10 33. AMERICAN IRON AND STEEL ................................................................................................................... 10 34. ADMINISTRATIVE COST ALLOCATION ...................................................................................................... 11 35. ALLOWABLE COSTS ................................................................................................................................ 11 36. ALL WRITINGS CONTAINED HEREIN ........................................................................................................ 11 37. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS ............................................................ 11 38. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 ................................................................................................................................................ 11 Page 52 of 169 39. APPROVAL ............................................................................................................................................. 12 40. ATTORNEYS’ FEES................................................................................................................................... 12 41. AUDIT .................................................................................................................................................... 12 42. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND LOWER TIER COVERED TRANSACTIONS .................................................................................. 13 43. CODE REQUIREMENTS ............................................................................................................................ 14 44. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ............................................................................ 14 45. CONFORMANCE ..................................................................................................................................... 15 46. COPYRIGHT PROVISIONS ........................................................................................................................ 15 47. DISALLOWED COSTS ............................................................................................................................... 15 48. DISPUTES ............................................................................................................................................... 15 49. DUPLICATE PAYMENT ............................................................................................................................ 16 50. ETHICS/CONFLICTS OF INTEREST ............................................................................................................. 16 51. GOVERNING LAW AND VENUE ............................................................................................................... 16 52. INDEMNIFICATION ................................................................................................................................. 16 53. INDEPENDENT CAPACITY OF THE CONTRACTOR ...................................................................................... 16 54. INDUSTRIAL INSURANCE COVERAGE ....................................................................................................... 16 55. LAWS ..................................................................................................................................................... 17 56. LICENSING, ACCREDITATION AND REGISTRATION ................................................................................... 19 57. LIMITATION OF AUTHORITY ................................................................................................................... 19 58. LOCAL PUBLIC TRANSPORATION COORDINATION ................................................................................... 19 59. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES ............................................................................ 19 60. POLITICAL ACTIVITIES ............................................................................................................................. 19 61. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS ......................................................... 20 62. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISION ................................................................ 20 63. PUBLICITY .............................................................................................................................................. 20 64. RECAPTURE ........................................................................................................................................... 21 65. REGISTRATION WITH DEPARTMENT OF REVENUE ................................................................................... 21 66. RIGHT OF INSPECTION ............................................................................................................................ 21 67. SAVINGS ................................................................................................................................................ 21 68. SEVERABILITY ........................................................................................................................................ 21 69. SUBCONTRACTING ................................................................................................................................. 21 70. SURVIVAL .............................................................................................................................................. 21 71. TAXES .................................................................................................................................................... 21 72. TERMINATION FOR CAUSE/SUSPENSION ................................................................................................ 21 73. TERMINATION FOR CONVENIENCE ......................................................................................................... 22 74. CONFLICT OF INTEREST .......................................................................................................................... 22 75. TERMINATION PROCEDURES .................................................................................................................. 22 76. WAIVER ................................................................................................................................................. 23 77. WORK HOURS AND SAFETY STANDARDS ................................................................................................ 23 ATTACHMENT I: ATTORNEY’S CERTIFICATION 24 ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS 25 1. ENVIRONMENTAL AUTHORITIES ............................................................................................................. 25 Page 53 of 169 2. ECONOMIC AND MISCELLANEOUS AUTHORITIES .................................................................................... 25 3. SOCIAL POLICY AUTHORITIES .................................................................................................................. 25 4. STATE LAWS .......................................................................................................................................... 25 ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 27 1. GENERAL COMPLIANCE, 40 CFR, PART 33 ................................................................................................ 27 2. FAIR SHARE OBJECTIVES, 40 CFR, PART 33, SUBPART D ........................................................................... 27 3. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C ......................................................................... 27 4. MBE/WBE REPORTING, 40 CFR, PART 33, SECTIONS33.502 AND 33.503 ................................................... 28 5. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, SECTION 33.302 ...................................................... 28 6. BIDDERS LIST, 40 CFR, SECTION 33.501(b) AND (c) ................................................................................... 28 ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS 29 ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS 30 ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES 31 Page 54 of 169 Page 55 of 169 City of Pasco Page 3 of 36 DWSRF NT Pre Construction Loan Template PCL28205 (Municipal) 3. GENERAL TERMS AND CONDITIONS DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: 1.1. “Authorized Representative” shall mean the DOH ODW Director and/or the designee authorized in writing to act on the Director’s behalf. 1.2. AWARD YEAR shall mean the calendar year in which the funds were awarded to the Department for use in making loans under this program. 1.3. “Contract” shall mean this Drinking Water State Revolving Fund Loan. 1.4. “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. 1.5. The “Contract End Date” shall mean the date the contract expires. This date shall occur in the final year of the LOAN TERM unless otherwise amended, as counted from the AWARD YEAR. The actual date of contract execution shall have no effect on the Contract End Date. 1.6. “Department” and “DOH” shall mean the Washington State Department of Health, Office of Drinking Water, who is the recipient of the Drinking Water State Revolving Fund grant and regulates dri nking water systems in the State of Washington. 1.7. "Iron and steel products" are the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. 1.8. “Lender” shall mean the Washington State Department of Health 1.9. “Modified Total Direct Costs (MTDC)” shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. 1.10. “Payment Month” shall mean the day and month of the year in which payments are due. 1.11. “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. 1.12. “Pre-Construction” shall include planning, engineering, and project design necessary to a drinking water infrastructure project. 1.13. ”State” shall mean the state of Washington. 1.14. "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 tier. 2. AUTHORITY Acting under the authority of RCW 70.119A.170 and RCW 43.155.040, the Department has awarded the Contractor a Drinking Water State Revolving Fund loan for an approved project. The Contractor will be a sub -recipient of funds provided by the United States Environmental Protection Agency, CFDA Number 66.468, Title: Safe Drinking Wate r State Revolving Fund, award year of this contract. Page 56 of 169 City of Pasco Page 4 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) 3. PURPOSE The Department and the Contractor have entered into this Contract to undertake a local project that furthers the goals and objectives of the Drinking Water State Revolving Fund Loan Program. Th e project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance with the loan Program Special Terms and Conditions and all applicabl e federal, state and local laws and ordinances, including but not limited to those specifically enumerated in Attachment II: Federal and State Requirements, which by this reference are incorporated into this Contract as though set forth fully herein. 4. 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 including attachments. • Contract Terms and Conditions. 5. AMOUNT OF LOAN The Department, using funds appropriated from the Drinking Water Assistance Account, shall loan the Contractor a sum not to exceed the amount shown as LOAN AMOUNT on the attached Declarations Page. This loan amount includes a loan fee, if applicable, which is shown on t he Declarations Page as LOAN FEE. 6. LOAN FEE If the loan fee applies, it will be assessed at loan execution, including loan funds added via amendment to this contract. The amount of the loan fee (if applicable) represents one percent (1%) of the loan request and shall not be reduced, regardless of the actual final loan amount at project completion. If the loan fee applies and the total loan amount is increased by amendment, an additional loan fee equal to one percent (1%) of the additional loan amount will b e assessed at amendment execution. The amount of any loan fee will be displayed on the Declarations Page as LOAN FEE. 7. TERM OF LOAN Unless otherwise amended, the term of the loan shall not exceed the period shown on the Declarations Page as LOAN TERM. Except as herein provided, under no circumstances shall the loan repayment period exceed 6 years from the contract execution year. 8. INTEREST RATE The interest rate shall be the declared INTEREST RATE (declarations) per annum on the outstanding principal balance, based on a three hundred and sixty (360) day year composed of twelve (12) thirty (30) day months. 9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION If funding or appropriation is not available at the time the Contractor submits a request for a loan disbursement, the issuance of a warrant will be delayed or suspended until such time funds become available. Subject to availability of funds, warrants shall be issued to the Contractor for payment of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK. The loan funds will be disbursed to the Contractor as follows: 9.1. Ten percent (10%) of loan proceeds will be held until project completion. The total Drinking Water State Revolving Fund Loan shall not exceed one hundred percent (100%) of the actual eligible project costs. 9.2. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Voucher (Form A19), referencing the declared SCOPE OF WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The purchas e of any land necessary and integral to the project must be included in the declared SCOPE OF WORK and be documented with an appraisal or other market valuation and a valid purchase and sale agreement. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. Page 57 of 169 City of Pasco Page 5 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) 9.3. Each A19 Reimbursement Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a r eport of project status to date. The Department of Health (DOH) will not release payment for any reimbursement request received until the Project Status Report is received. After approving the Voucher and the Project Status Report, DOH shall promptly release funds to the Contractor. 9.4. Pre-construction expenses incurred after the date shown as EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT on the Declarations Page are eligible for reimbursement. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor has met the following conditions: • Issued a Notice to Proceed which follows the formal award of a construction contract; • Completed the State Environmental Review Process; • Complied with all provisions of Section 106 of the National Historic Preservation Act of 1966; • Complied with Section 20: Prevailing Wage; • Obtained approval from the Department of Health of the project report and related documents for all applicable activities described in the declared SCOPE OF WORK; and • Complied with any other loan conditions required by Department of Health. An electronic copy (emailed PDF or a FAX) of a signed A19 Reimbursement Voucher and other required documentation is the preferred method for requesting reimbursement. Submit the electronic requests to your DOH Loan Officer or fax to 360-236-2252. This electronic submittal may be 25 pages or less. If you choose to send your vouchers and backup documentation electronically, please DO NOT mail in the original. You will receive email notification from your DOH Loan Officer that the electronic request has been received. DOH will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices may be submitted to DOH not more often than monthly. Payment shall be considered timely if made by DOH within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Department may, at its sole discretion, withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Department. In the event that the Contractor receives reimbursement for costs that are later determined by the Department to be ineligible, these funds shall be repaid to the Drinking Water Assistance Account by payment to the Department of Health, or its successor, together with the submission of the Project Completion Amendment. At the time of project completion, the Contractor shall submit to the Department a Pre-Construction Completion Report certifying the total actual project costs, and a final voucher for any remaining eligible funds. 10. TIME OF PERFORMANCE The Contractor shall begin the activities identified within the declared SCOPE OF WORK no later than thirty (30) days after Contract execution. The Contractor must reach project completion within the period specified on the Declarations Page as TIME OF PERFORMANCE. Failure to meet Time of Performance within the time frame described in this section shall constitute default under this Contract, and as a result, this Contract may be terminated. In the event of extenuating circumstances, the Contractor may request, in writing, at least 90 days prior to the expiration of project completion date that the Department extend the deadline for project completion. The Department may extend the time of project completion. 11. PROJECT COMPLETION AMENDMENT AND THE PRE-CONSTRUCTION COMPLETION REPORT The Contractor shall initiate a Project Completion Amendment by submitting a Pre-Construction Completion Report when activities identified in the declared SCOPE OF WORK are complete and the Contractor agrees that no additional eligible costs will be reimbursed. In the Project Completion Amendment, the Contractor will provide the following information to the Department: Page 58 of 169 City of Pasco Page 6 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) • A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described in the declared SCOPE OF WORK. • Certification that all costs associated with the project have been incurred. Costs are incurred when goo ds and services are received and/or contract work is performed. • A copy of the Department of Health Pre Construction Completion Report as submitted to Department of Health. • Evidence documenting compliance with audit requirements as referenced in Section 44. • A final voucher for the remaining eligible funds. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount and term of the loan. 12. REPAYMENT An assistance recipient begins annual repayment of the loan no later than one year after contract execution. The first repayment installment is due on the first day of the month shown as PAYMENT MONTH on the Declarations Page. Interest only will be charged for this first payment if a draw is made prior to this date. All subsequent payments shall consist of principal and accrued interest due that month of each year during the remaining term of the loan. Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum. Interest will begin to accrue from the date each payment is issued to the Contractor. The final payment shall be on or before the completion of the declared LOAN TERM, payable on or before the declared PAYMENT MONTH of an amount sufficient to bring the loan balance to zero. The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty. The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of DOH, or its successor. 13. DEFAULT IN REPAYMENT Loan repayments shall be made in accordance with Section 12 of this Contract. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (1st) day past the due date. The penalty will be one percent (1%) per month or twelve percent (12%) per annum of the delinquent payment amount. These same penalty terms shall apply if the repayment of loan funds determined to be ineligible costs are not repaid within thirty (30).days. The Contractor acknowledges and agrees to the Department’s right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency. Contractor shall be responsible for all legal fees incurred by the Department in any action undertaken to enforce its rights under this section. 14. LOAN SECURITY Loan Security may be required as a performance condition of this contract. If such performance condition is required it shall be indicated on the attached Declarations Page and identified therein as LOAN SECURITY CONDITION. The Department grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on the revenue source superior to the lien and charge of this Loan Contract. Nothing in this section shall absolve the Contractor of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this Contract. 15. HISTORICAL AND CULTURAL ARTIFACTS The Contractor acknowledges that any construction activities necessary to complete the activities funded by this contract are subject to Section 106 of the National Historic Preservation Act of 1966. Contractor agrees that Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of Contractor’s public works project funded under this Contract. Page 59 of 169 City of Pasco Page 7 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) The Contractor shall not conduct or authorize destructive project planning activities before completing compliance with Section 106 of the National Historic Preservation Act of 1966, as amended. In addition, the Contractor agrees that no construction activities, ground disturbance, or excavation of any sort will begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966, as amended. If historical or cultural artifacts are discovered during destructive project planning activities or construction, the Contractor shall immediately stop the activity and implement reasonable measures to protect the discovery site from further disturbance, take reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe’s cultural staff or committee, Tribal Historical Preservation Officer (THPO), the Washington State Department of Health project manager, and the State's Historical Preservation Officer (SHPO) at the Washington State Department of Archaeology and Historic Preservation (DAHP). If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact the concerned tribe’s cultural staff or committee and DAHP . The Contractor shall require the above provisions to be contained in all contracts for work or services related to the declared SCOPE OF WORK. In no case shall construction activities begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966. In addition to the requirements set forth in this Contract, the Contractor agrees to comply with Native American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and Washington Administrative Code (WAC) 25-48 regarding Archaeological Excavation and Removal Permits. 16. FEDERAL AND STATE REQUIREMENTS The Contractor assures compliance with all applicable federal, state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project, including but not limited to those listed in Attachments II, III, and IV. 17. COMPETITIVE BIDDING REQUIREMENTS Pursuant to 40 CFR, Section 33.501(b) and (c), the Contractor also agrees to create and maintain a bidders list for both Disadvantaged Business Enterprises (DBE) and Non-Disadvantaged Business Enterprises (non-DBE). The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the univers e of DBE and non-DBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote subcontracts on Environmental Protection Agency assisted projects, including both DBE and non-DBE. The bidders list must be kept at least until the grant project period has expired and the recipient is no longer receiving Environmental Protection Agency funding under the grant. For entities receiving identified loans, the bidders list must only be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: entity's name with point of contact; entity's mailing address, telephone number, and e-mail address; the procurement on which the entity bid or quoted, and when; and, entity's status as a DBE or non-DBE. The Contractor agrees to provide Environmental Protection Agency Form 6100-2 DBE Subcontractor Participation and Environmental Protection Agency Form 6100-3 DBE Subcontractor Performance to all its Disadvantaged Business Enterprise subcontractors. The Contractor shall require Disadvantaged Business Enterprise provisions are contained in all contracts with any subcontractors for work or services related to the declared SCOPE OF WORK. 18. PAYMENT TO CONSULTANTS EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Page 60 of 169 City of Pasco Page 8 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.36(j), as applicable, for additional information. Contractor may find the annual salary for Level IV of the Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select "Salary and Wages," and select "Rates of Pay for the Executive Schedule" is annual salary divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. As of January 1, 2019, the limit is $638.24 per day $79.78 per hour. NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the following Internet site: https://www.opm.gov/policy-data-oversight/pay-leave/. Select "Salary and Wages", and select "Rates of Pay for the Executive Schedule." The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum da ily rate. 19. ELIGIBLE PROJECT COSTS The Contractor assures compliance with Attachment V: DWSRF Eligible Project Costs, which identifies eligible costs for projects funded by Drinking Water State Revolving Fund loans. 20. PREVAILING WAGE All contractors and subcontractors performing work on a construction project funded through this Contract shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: • State Prevailing Wages on Public Works, Chapter 39.12 RCW, as app licable to the Project funded by this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for Department’s review upon request; or, • The Davis Bacon Act, 40 USC 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. The Contractor agrees that the Contractor is legally and financially responsible for compliance with the prevailing wage requirements. Contractor is advised to consult the United States Department of Labor and Washington State Department of Labor and Industries websites to determine the federal and State prevailing wages that must be paid . The Contractor shall ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK shall insert in full, in any contract, the labor standards provisions listed in Attachment VI: Labor Standard Provisions for Subrecipients That Are Governmental Entities. Contractor shall report to the Department and/or the Department of Health that this requirement has been met as stated in this Contract. 21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR) By signing this Contract, the Contractor accepts the requirements stated in 48 CFR 52.204-7 to register with the Central Contractor Registration (CCR) database at the System for Awards Management (SAM) website. To register in SAM, a valid Data Universal Numbering System (DUNS) Number is required. The Contractor is responsible for the accuracy and completeness of the data within the SAM database and for any liability resulting from the Government's reliance on inaccurate or incomplete data. The Contractor must remain registered in the SAM database after the initial registration. The Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in SAM to ensure it is current, accurate and complete. The Contractor shall provide evidence documenting registration and renewal of SAM registration to the Department. In the event of the Contractor’s noncompliance or refusal to comply with the requirement stated above, the Department reserves the right to suspend payment until the Contractor cures this noncompliance. 22. RECORDKEEPING AND ACCESS TO RECORDS The Department, the Department’s agents, and duly authorized officials of the state and federal governments shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of Page 61 of 169 City of Pasco Page 9 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) the Contractor and of persons, firms, or organizations with which the Contractor may contract, involving transactions related to this project and this Contract. The Contractor shall maintain all 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 practice s which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. The Contractor agrees to retain these records for a period of six (6) years from the date that the debt is retired. This includes but is not limited to financial reports. 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 resolved. 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 finally resolved. 23. REPORTS The Contractor, at such times and on such forms as the Department may require, shall furnish the Department with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Contract including, but not limited to: • Prevailing Wage decisions and/or changes • Disadvantaged Business Enterprises utilization • Project Status Reports with each Invoice Voucher • Pre-Construction Completion Report at project completion (as described in Section 11) • Other reports as the Department may require In the event of the Contractor’s noncompliance or refusal to comply with the requirement stated above, the Department reserves the right to suspend payment until the Contractor cures this noncompliance. 24. RECOGNITION OF EPA FUNDING Reports, documents, signage, videos, or other media, developed as part of projects funded by this assistance agreement shall contain the following statement: “This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. 25. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS As mandated by the Environmental Protection Agency, the Contractor agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority, and Women’s Business Enterprises in procurement under this Contract. The Contractor is required to follow the requirements identified in Attachment III: Disadvantaged Business Enterprise Requirements . By signing this Contract, the Contractor accepts the applicable MBE/WBE fair share objectives/goals negotiated with Environmental Protection Agency by the Washington State Office of Minority and Women's Business Enterprises. The Contractor attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Washington State Office of Minority and Women's Business Enterprises. The goals for the utilization of disadvantaged businesses are stated in Attachment III: Disadvantaged Business Enterprise Requirements . The Contractor is required to furnish the Department of Health with such periodic reports as the Department may request pertaining to the utilization of disadvantaged businesses. 26. NONDISCRIMINATION PROVISION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 USC 12101 et seq, the Americans with Disabilities Act (ADA). Page 62 of 169 City of Pasco Page 10 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) In the event of the Contractor’s noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Department. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. The Contractor must also include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK: • “The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract.” 27. PROHIBITION STATEMENT Pursuant to Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the Contractor `s contractors, subcontractors, engineers, vendors, and any other entity shall comply with and include the following terms and conditions in all contracts for work or services listed in the declared SCOPE OF WORK: • “All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the performance of this award or subawards under the award, or in any manner during the period of time that the award is in effect. This prohibition applies to you as the recipient, your employees, subrecipients under this award, and subrecipients’ employees.” If any term of this section is violated, this contract may be terminated. 28. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM The Contractor warrants that the Contractor neither has submitted nor shall submit any information that is materially false, incorrect, or incomplete to the Department. The Contractor is advised that providing false, fictitious, or misleading information with respect to the receipt and disbursements of Environmental Protection Agency funds is basis for criminal, civil, or administrative fines and/or penalties. 29. LITIGATION The Contractor warrants that there is no threatened or pending litigation, investigation, or legal action before any court, arbitrator, or administrative agency that, if adversely determined, would have a materially adverse effect on the Contractor’s ability to repay the loan. 30. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES The Contractor agrees to provide a resolution adopting rate increases, capital assessments, or both, for the services of the system that shall be sufficient to provide funds which, along with other revenues of the system, will pay all operating expenses and debt repayments during the term of the loan. In addition, the Contractor shall create, fund , and maintain reserves at least as required by the Water System Plan or Small Water System Management Plan. The Department reserves the right, at any time, to request proof of compliance of these requirements from the Contractor. 31. SPECIAL CONDITIONS If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of this contract. 32. INVESTMENT GRADE AUDIT For projects involving repair, replacement, or improvement of a wastewater tr eatment plant, or other public works facility for which energy efficiency is obtainable, Contractor must undertake an investment grade audit per ESHB 1497. Costs incurred as part of the investment grade audit are eligible project costs. 33. AMERICAN IRON AND STEEL None of the funds made available to the Contractor shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. This requirement applies to the entire project receiving a loan Page 63 of 169 City of Pasco Page 11 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) agreement executed after January 17, 2014. Buy American does not apply to a project if the Department of Health approves the engineering plans and specifications for the project, in that agency's capacity to approve suc h plans and specifications prior to a project requesting bids, prior to January 17, 2014. Waiver of the Buy American requirement may be considered if: 1) compliance would be inconsistent with the public interest; or 2) the particular iron and steel products are not produced in the United States in sufficient and reasonably available quantities and/or the particular iron and steel products are not of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. For consideration, a request for a waiver must be submitted to the Environmental Protection Agency (EPA). Contractors shall submit the waiver request to DOH, which will then submit the request to EPA. EPA will post the waiver request and any other information available to EPA concerning the waiver request, on EPA’s public Internet website and allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The full text of the American Iron and Steel requirements appear at H.R. 3547, Consolidated Appropriations Act, 2014. 34. ADMINISTRATIVE COST ALLOCATION Administrative costs that may be allowed are set forth in the Special Terms and Conditions. Administrative services shared by other programs shall be assigned to this Contract based on an allocation plan that reflects allowable administrative costs that support services provided under each Contract administered by the Cont ractor. An approved current federal indirect cost rate may be applied up to the maximum administrative budget allowed. 35. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 36. 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 shal l be deemed to exist or to bind any of the parties hereto. 37. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS Amendments, modifications, assignments, and waivers to any of the terms of this contract supersede those terms as found in the original contract. The Contractor may request an amendment of this Contract for the purpose of modifying the declared SCOPE OF WORK or for extending the time of performance as provided for in Section 10. Any revision to the SCOPE OF WORK or location of the project must be approved by the Department of Health. No modification or amendment resulting in an extension of time shall take effect until a request has been received and approved by the Department in accordance with Section 1.10. During the term of this loan, any change in ownership of the water system(s) improved with funds received by the Contractor under this Contract must be approved in writing by the Department. As a condition of approval, the Department reserves the right to demand payment in full of the outst anding principal balance of the loan. No conditions or provisions of this Contract may be waived unless approved by the Department in writing. No waiver of any default or breach by any party shall be implied from any failure to take action upon such default or breach if the default of breach persists or repeats. Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Department. 38. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. Page 64 of 169 City of Pasco Page 12 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) 39. APPROVAL This contract shall be subject to the written approval of the Department’s Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 40. ATTORNEYS’ FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorney’s fees and costs. 41. AUDIT The Department reserves the right to require an audit of this project. The Contractor is responsible for correcting any audit findings. The Contractor agrees to refund to the Department all disallowed costs resulting from the audit. Audit costs are allowable expenses within this Contract. Municipal and Not-For-Profit entities: Audits of the Contractor’s project activities may be conducted by the State Auditor Office (SAO). Audit cos ts are eligible project costs. The Contractor shall maintain its records and accounts so as to facilitate the audit requirements of the Department or its successor. The Contractor is responsible for any audit findings incurred by its own organization. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. For audits of fiscal years beginning after December 26, 2014, Contractors expending $750,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR §200.501 – Audit Requirements." For audits of fiscal years beginning prior to December 26, 2014, Contractors expending $500,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with existing Federal audit requirements. For-Profit entities: Audits must include a report on the internal control related to the federal program, which should describe the scope of testing of the internal control and the results of the tests. The audit also must include a report on compliance, which includes an opinion (or disclaimer of opinion) on whether the auditee complied with laws, regulations and the provisions of the award agreement that could have a direct and material effect on the federal program. The Contractor must send a copy of any required audit Reporting Package as described in existing Federal audit requirements for audits of fiscal years beginning prior to December 26, 2014, or 2 CFR §200.512 – Report Submission, for audits of fiscal years beginning after December 26, 2014, no later than nine (9) months after the end of the Contractor’s fiscal year(s) to: Department of Health Office of Drinking Water ATTN: Drinking Water State Revolving Fund 243 Israel Road SE Olympia, WA 98504 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Department. • Copy of the Management Letter. Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors . The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Page 65 of 169 City of Pasco Page 13 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to the Department requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. • FEDERAL FUNDS REQUIREMENTS – 2 CFR 200 AUDITS OF STATES, LOCAL GOVERNMENTS AND NON-PROFIT ORGANIZATIONS Grantees expending $750,000 or more in a fiscal year (that begins after December 26, 2014) in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR Part 200. For fiscal years beginning prior to December 26, 2014, Grantees are required to have an audit conducted in accordance with Federal audit requirements. When state funds are also to be paid under this Agreement a Schedule of State Financial Assistance as well as the required schedule of Fed eral Expenditure must be included. Both schedules include: • Grantor agency name • Federal agency • Federal program name • Other identifying contract numbers • Catalog of Federal Domestic Assistance (CFDA) number (if applicable) • Grantor contract number • Total award amount including amendments (total grant award) • Current year expenditures If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor in accordance with 2 CFR 200 “UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS.” The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor’s financial records must be available for review by the Department. • DOCUMENTATION REQUIREMENTS The Contractor must send a copy of any required audit Reporting Package as described in 2 CFR 200.515, by sending a scanned copy to auditreview@DOH.wa.gov or by sending a hard copy to: Department of Health ATTN: Audit Review and Resolution Office 243 Israel Road SE PO Box 47822 Olympia, WA 98504-7822 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Department. • Copy of the Management Letter. 42. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION— PRIMARY AND LOWER TIER COVERED TRANSACTIONS • Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: ▪ Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. Page 66 of 169 City of Pasco Page 14 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) ▪ Have not within a three-year period preceding this contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; ▪ Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this section; and, ▪ Have not within a three-year period preceding the signing of this contract had one or more public transactions (federal, state, or local) terminated for cause of default. • Where the Contractor is unable to certify to any of the statements in this contract, the Contractor shall attach an explanation to this contract. • The Contractor agrees by signing this contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. • The Contractor further agrees by signing this contract that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS • The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. • Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor shall attach an explanation to this contract. ▪ The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Department for assistance in obtaining a copy of these regulations. The Contractor also agrees to access the Federal Exclusion List at w ww.sam.gov and provide Federal Exclusion documentation to the Department and to keep a copy on file with the Contractor’s project records. 43. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990, 28 C.F.R. Part 35 will be required, as specified by the local building Department. 44. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION • “Confidential Information” as used in this section includes: ▪ All material provided to the Contractor by the Department that is designated as “confidential” by the Department; ▪ All material produced by the Contractor that is designated as “confidential” by the Department; and ▪ All personal information in the possession of the Contractor that may not be disclosed under state or federal law. “Personal information” includes but is not limited to information related to a person’s name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver’s license number and other identifying numbers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). • 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 Confi dential Information to any third party except with the prior written consent of the Department or as may be required by law. The Page 67 of 169 City of Pasco Page 15 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) 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 the Department with its policies and procedures on confidentiality. The Department may require changes to such policies and procedures as they apply to this Contract whenever the Department reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Department. Upon request, the Contractor shall immediately return to the Department any Confidential Information that the Department reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. • Unauthorized Use or Disclosure. The Contractor shall notify the Department 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. 45. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 46. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produc ed under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Department. The Department 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 the Department 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, tapes, 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 the Department 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 the Department. The Contractor shall exert all reasonable effort to advise the Department, 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 the Department with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Department shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 47. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organizatio n or that of its Subcontractors. 48. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of the Department, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and, • be mailed to the Director and the other party’s (respondent’s) Contract Representative within three (3) working days after the parties agree that they cannot resolve the dispute. Page 68 of 169 City of Pasco Page 16 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) The respondent shall send a written answer to the requestor’s statement to both the Director or the Director’s designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 49. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 50. ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 51. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 52. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the Department, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor’s performance or failure to perform the Contract. The Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by the Contractor’s agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor’s obligation to indemnify, defend, and hold harmless shall n ot be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Department, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 53. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the State of Washington or the Department. The Contractor will not hold itself out as or claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 54. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, The Department may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Department may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Department under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the Contractor. Page 69 of 169 City of Pasco Page 17 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) 55. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: • UNITED STATES LAWS, REGULATIONS AND CIRCULARS (FEDERAL) o Audits ▪ Office of Management and Budget (OMB) Revised Circular A-133 “Audits of States, Local Governments, and Non-Profit Organizations.” o Environmental Protection and Review ▪ Coastal Zone Management Act of 1972, 16 USC.§§1451-1464HUD’s implementing regulations at 24 CFR parts 50 or 58, as appropriate. ▪ Lead Based Paint Poisoning Prevention Act, 42 USC 4821-4846 also 24 CFR 982.401(j). ▪ National Environmental Policy Act of 1969, 42 USC4321 et seq. and the Implementing Regulations of 24 CFR 58 (HUD) and 40 CFR 1500-1508 (Council on Environmental Quality) Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 USC 4851-4856. o Flood Plains ▪ Flood Disaster Protection Act of 1973, 42 USC 4001-4128. o Labor and Safety Standards ▪ All Rental Units Assisted with Federal Funds Must Meet the Section 8 Hous ing Quality Standards (HQS) and Local Housing Code Requirements for the duration of the Affordability Period. ▪ Convict Labor, 18 USC 751, 752, 4081, 4082. ▪ Davis Bacon Act, 40 USC 276a-276a-5. ▪ Drug-Free Workplace Act of 1988, 41 USC 701 et seq. ▪ Federal Fair Labor Standards Act, 29 USC 201 et seq. ▪ Work Hours and Safety Act of 1962, 40 USC 327-330 and Department of Labor Regulations, 29 CFR Part 5. ▪ Title IV of the Lead Based Paint Poisoning Prevention Act, 42 USC 4831, 24 CFR Part 35. o Laws against Discrimination ▪ Age Discrimination Act of 1975, Public Law 94-135, 42 USC 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. ▪ Americans with Disabilities Act of 1990, Public Law 101-336. ▪ Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. ▪ Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. ▪ Fair Housing Act (42 USC 3601-19) and implementing regulations at 24 CFR part 100.Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8. ▪ Fair Housing, Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 USC 3601-19. ▪ Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 USC 793. ▪ Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 USC 794. ▪ Minority Business Enterprises, Executive Order 11625, 15 USC 631. ▪ Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. ▪ Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Page 70 of 169 City of Pasco Page 18 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) ▪ Nondiscrimination in Benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 USC 2002d et seq, 24 CFR Part 1. ▪ Nondiscrimination in Employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352. ▪ Nondiscrimination in Federally Assisted Programs. ▪ Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 USC 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. ▪ Section 3, Housing and Urban Development Act of 1968, 12 USC 1701u (See 24 CFR 570.607(b)). o Office of Management and Budget Circulars ▪ Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A -87, 2 CFR, Part 225. ▪ Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Contractor is a nonprofit organization). ▪ Grants and Cooperative Agreements with State and Local Governments, OMB Circular A -102, (if the Contractor is a local government or federally recognized Indian tribal government). ▪ Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A -110. o Other ▪ Anti-Kickback Act, 18 USC 874; 40 USC 276b, 276c; 41 USC 51-54. ▪ H.R. 3547, Consolidated Appropriations Act, 2014. ▪ Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989. ▪ Hatch Political Activity Act, 5 USC 1501-8. ▪ Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-Lobbying Amendment). 31 USC 1352 provides that Contractors who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 USC 1352. Each tier must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. ▪ Non-Supplanting Federal Funds. ▪ Section 8 Housing Assistance Payments Program. o Privacy ▪ Privacy Act of 1974, 5 USC 522a. o Relocation Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and implementing regulations at 49 CFR part 24. ▪ Section 104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CRF part 570. • WASHINGTON STATE LAWS AND REGULATIONS o Affirmative Action, RCW 41.06.020 . o Departments of Directors or Officers of Non-Profit Corporations – Liability - Limitations, RCW 4.24.264. o Disclosure-Campaign Finances-Lobbying, Chapter 42.17 RCW. o Discrimination-Human Rights Commission, Chapter 49.60 RCW. o Ethics in Public Service, Chapter 42.52 RCW. Page 71 of 169 City of Pasco Page 19 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) o Affordable Housing Program, Chapter 43.185 RCW o Interlocal Cooperation Act, Chapter 39.34 RCW. o Noise Control, Chapter 70.107 RCW. o Office of Minority and Women’s Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. o Open Public Meetings act, Chapter 42.30 RCW. o Prevailing Wages on Public Works, Chapter 39.12 RCW. o Public Records Act, Chapter 42.56 RCW. o Relocation Assistance - Real Property Acquisition Policy, Chapter 8.26 RCW. o Shoreline Management Act of 1971, Chapter 90.58 RCW. o State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW. o State Building Code, Chapter 19.27 RCW and Energy-Related Building Standards, Chapter 19.27A RCW, and Provisions in Buildings for Aged and Handicapped Persons, Chapter 70.92 RCW. o State Coastal Zone Management Program Section 309 Assessment and Strategy (Publication 01-06- 003), Shorelands and Environmental Assistance Program, Washington State Department of Ecology. o State Environmental Policy, Chapter 43.21C RCW. o State Executive Order 05-05, Archeological and Cultural Resources. 56. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and reg istration requirements or standards necessary for the performance of this Contract. 57. LIMITATION OF AUTHORITY Amendments must be mutually negotiated. Only the Authorized Representative or Authorized Representative’s designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to negotiate alterations, amendments, modifications, or waivers to any clause or condition of this Contract. 58. LOCAL PUBLIC TRANSPORATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 59. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES The Contractor shall provide all tenants, if any, with information outlining tenant rights and responsibilities under the Washington State Landlord Tenant laws, Title 59, Revised Code of Washington. The Contractor shall also provide all occupants of property acquired with U.S. Department of Housing and Urban Development (HUD) funds notice regarding their eligibility for relocation assistance. Such notices will be provided as required by the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended and referenced in 49 CFR part 24 and Section 104(d) of the Housing and Community Development Act of 1974, as amended and referenced in 24 CFR 570 and noted in HUD’s Handbook No. 1378. Notifications will include but not be limited to: • General Information Notice • Notice of Displacement/Non-Displacement 60. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. Page 72 of 169 City of Pasco Page 20 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) 61. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Contract. A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Contract. The Contractor’s procurement system should include at least the following: • A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. • Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. • Minimum procedural requirements, as follows: o Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. o Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. o Positive efforts shall be made to use small and minority-owned businesses. o The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. o Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. o Some form of price or cost analysis should be performed in connection with every procurement action. o Procurement records and files for purchases shall include all of the following: ▪ Contractor selection or rejection. ▪ The basis for the cost or price. ▪ Justification for lack of competitive bids if offers are not obtained. • A system for contract administration to ensure Contractor conformance with terms, conditions and specifications of this Contract, and to ensure adequate and timely follow-up of all purchases. • Contractor and Subcontractor must receive prior approval from the Department for using funds from this Contract to enter into a sole source contract or a contract where only one bid or proposal is received when value of this contract is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 62. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 63. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Department’s name is mentioned, or language used from which the connection with the state of Washington’s or the Department’s name may reasonably be inferred or implied, without the prior written consent of the Department. Page 73 of 169 City of Pasco Page 21 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) 64. 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, The Department reserves the right to recapture funds in an amount to compensate the Department 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 the Department. In the alternative, The Department may recapture such funds from payments due under this contract. 65. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 66. RIGHT OF INSPECTION At no additional cost all records relating to the Contractor’s performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Department, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 67. 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, The Department may terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 68. SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contact are declared to be severable. 69. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contrac t if it obtains the prior written approval of the Department. If the Department 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, the Department 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 t o rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Department if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the 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 the Department for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that the Department and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontr act. 70. 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. 71. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor’s income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 72. TERMINATION FOR CAUSE/SUSPENSION If the Department concludes that the Contractor has failed to comply with the terms and conditions of this Contract, or has failed to use the loan proceeds only for those activities identified in the declared SCOPE OF WORK, or has Page 74 of 169 City of Pasco Page 22 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) otherwise materially breached one or more of the covenants in this Contract, the Department may at any time, at its discretion, upon notice to the Contractor, terminate the Contract and/or its attached agreements in whole or in part and declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable in full. Such Notice of Termination for Cause shall be in writing, shall state the reason(s) for such termination, and shall specify the effective date of the termination. The effective date of the termination will be determined by the Department. Such notice shall inform the Contractor of the breach of the relevant covenant and shall allow the Contractor at least thirty (30) business days to cure such breach, if curable. The noti ce shall instruct the Contractor that, if the breach is not cured or cannot be cured within thirty (30) business days, the outstanding balance of the loan shall be due and payable. If this Contract is so terminated, the Department 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. Nothing in this section shall affect the Contractor’s obligations to immediately repay the unpaid balance of the loan as prescribed in the Washington Administrative Code (WAC) 246-296-150. 73. TERMINATION FOR CONVENIENCE The Department may terminate this Contract in the event that federal or state funds are no longer available to the Department, or are not appropriated for the purpose of meeting the Department’s obligations under this Contract. The Department shall notify the Contractor in writing of its determination to terminate and the reason for such ter mination. The effective date of the termination will be determined by the Department. If this Contract is so terminated, the Department 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. Nothing in this section shall affect Contractor’s obligations to repay the unpaid balance of the loan. 74. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, Department of Health may, in it s sole discretion, by written notice to the Contractor terminate this contract if it is found after due notice and examination by Department of Health that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Contractor in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Contractor and their subcontractor(s) must identify and state of Washington employees for former state employees employed or on the firm’s governing board during the past 24 months. Identify the individual by name, the agency previously or currently employed by, job title or pos ition held, and separation date. If it is determined by the Department of Health that a conflict of interest exists, the Contractor may be disqualified from further consideration for the award of a contract. In the event this contract is terminated as provided above, the Department shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor. The rights and remedies of the department provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Department makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of th is contract. 75. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by the Department, the Contractor shall: • Stop work under the Contract on the date, and to the extent specified, in the notice; • Place no further orders or subcontracts for materials, services, or facilities related to the Contract; • Assign to the Department all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Department; and • Preserve and transfer any materials, contract deliverables and/or the Department property in the Contractor’s possession as directed by the Department. Upon termination of the Contract, the Department shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Department may withhold any amount due as the Department reasonably determines is necessary to protect the Department against potential loss or liability resulting from the termination. The Department shall pay any withheld amount to the Contractor if the Department later determines that loss or liability will not occur. Page 75 of 169 City of Pasco Page 23 of 36 DWSRF NT Preconstruction Loan Contract PCL28205 (Municipal) The rights and remedies of the Department under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 76. 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 the Department. 77. WORK HOURS AND SAFETY STANDARDS The Contract Work Hours and Safety Standards Act (40 USC 327-333)-Where applicable, all contracts awarded by recipients in excess of $100,000 for construction and other purposes that involve the employment of mechanics or laborers must include a provision for compliance with Section 102 and 107 of the Contract Work Hours Safety Standards Act (40 USC 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materi als or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Page 76 of 169 City of Pasco Page 24 of 36 Attachment I: Attorney’s Certification PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) ATTACHMENT I: ATTORNEY’S CERTIFICATION DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) City of Pasco PCL28205-0 I, ________________________________________________, hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the Contractor identified on the Declarations Page of the Contract identified above; and I have also examined any and all documents and records, which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: a) The Contractor is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. b) The Contractor is empowered to accept the Drinking Water State Revolving Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. c) There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the Contractor from repaying the Drinking Water State Revolving Fund loan extended by the DOH with respect to such project. The Contractor is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the loan agreement. d) Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the Contractor. __________________________________ _____________________________ Signature of Attorney Date __________________________________ Name _______________________________________________________________________ Address Page 77 of 169 City of Pasco Page 25 of 36 Attachment III: DBE Requirements PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS 1. ENVIRONMENTAL AUTHORITIES • Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended • Clean Air Act, Public Law 84-159 as amended • Coastal Zone Management Act, Public Law 92-583 as amended • Endangered Species Act, Public Law 93-205 as amended • Environmental Justice, Executive Order 12898 • Floodplain Management, Executive Order 11988 as amended by Executive Order 12148 • Protection of Wetlands, Executive Order 11990 • Farmland Protection Policy Act, Public Law 97-98 • Fish and Wildlife Coordination Act, Public Law 85-624 as amended • National Historic Preservation Act of 1966, Public Law 89-665 as amended • Safe Drinking Water Act, Public Law 93-523 as amended • Wild and Scenic Rivers Act, Public Law 90-542 as amended 2. ECONOMIC AND MISCELLANEOUS AUTHORITIES • Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive Order 12372 • Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac with Respect to Federal Contracts, Grants, or Loans • Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended • Debarment and Suspension, Executive Order 12549 • H.R. 3547, Consolidated Appropriations Act, 2014. 3. SOCIAL POLICY AUTHORITIES • Age Discrimination Act of 1975, Public Law 94-135 • Title VI of the Civil Rights Act of 1964, Public Law 88-352 • Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92 -500 (the Clean Water Act) • Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250) • Equal Employment Opportunity, Executive Order 11246 • Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean Water Act) • Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100 - 590 4. STATE LAWS • Chapter 36.70A RCW, Growth Management Act • Chapter 39.80 RCW, Contracts for Architectural and Engineering Services • Chapter 39.12 RCW, Washington State Public Works Act • Chapter 43.20 RCW, State Department of Health • Chapter 43.70 RCW, Department of Health • Chapter 43.155 RCW, Public Works Project • Chapter 70.116 RCW, Public Water Systems Coordination Act of 1977 • Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations • Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances • Chapter 246-290 WAC, Group A Public Water Systems • Chapter 246-291 WAC, Group B Public Water Systems • Chapter 246-292 WAC, Waterworks Operator Certification Regulations • Chapter 246-293 WAC, Water Systems Coordination Act • Chapter 246-294 WAC, Drinking Water Operating Permits • Chapter 246-295 WAC, Satellite System Management Agencies • Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program • Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells Page 78 of 169 City of Pasco Page 26 of 36 Attachment III: DBE Requirements PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) • Title 173 WAC, Department of Ecology Rules • Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section Adopted by Reference) Page 79 of 169 City of Pasco Page 27 of 36 Attachment III: DBE Requirements PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 1. GENERAL COMPLIANCE, 40 CFR, PART 33 The Contractor agrees to comply with the requirements of Environmental Protection Agency's Program for Utilization of Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement unde r this Contract, contained in 40 CFR, Part 33. 2. FAIR SHARE OBJECTIVES, 40 CFR, PART 33, SUBPART D The following are exemptions from the fair share objective Requirements: • Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year. • Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B. o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular Area recipients. • Recipients of Technical Assistance Grants. The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office of Minority Women Business are stated below. Construction 10% MBE 6% WBE Supplies 8% MBE 4% WBE Equipment 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE By signing this Contract, the Contractor is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, se rvices and equipment, in the same or similar relevant geographic buying market as WA Office of Minority Women Business goal is being adopted. 3. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C Pursuant to 40 CFR, Section 33.301, the Contractor agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include: • Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. • Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. • Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. • Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. • Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of The Department of Health. Page 80 of 169 City of Pasco Page 28 of 36 Attachment III: DBE Requirements PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) • If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in paragraphs A through E above. 4. MBE/WBE REPORTING, 40 CFR, PART 33, SECTIONS33.502 AND 33.503 Contractor is required to submit MBE/WBE participation reports to the Department and/or the Department of Health, on a quarterly basis, beginning with the Federal fiscal year reporting period the Contractor receives the award and continuing until the project is completed. 5. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, SECTION 33.302 The Contractor agrees to comply with the contract administration provisions of 40 CFR, Section 33.3 02. The Contractor agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK. These two (2) forms may be obtained from the EPA Office of Small Business Program’s website on the internet at http://www.epa.gov/osbp/grants.htm. The Contractor agrees to require all general contractors to complete and submit to the Contractor and Environmental Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting period the Contractor receives the award and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a Contractor’s MBE/WBE accomplishments. 6. BIDDERS LIST, 40 CFR, SECTION 33.501(b) AND (c) The Contractor is also required to create and maintain a bidders list if the Contractor of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for spec ific requirements and exemptions. Section 33.501(b) of the rule is as follows: A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. The purpose of a bid ders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non-MBE/WBE prime and subcontractors. The list must include all firms th at bid or quote on prime contracts or bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs . The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: • Entity’s name with point of contact; • Entity’s mailing address, telephone number, and e-mail address; • The procurement on which the entity bid or quoted, and when; and • Entity’s status as a MBE/WBE1 or non-MBE/WBE. The exemption found at § 33.501(c) is as follows: A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is limited to the paragraph (b) of this section bidders list requirements of this subpart. 1 Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office of Minority and Women’s Enterprises at 360-704-1181. Page 81 of 169 City of Pasco Page 29 of 36 Attachment IV: Certification Regarding Debarment PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) EPA Project Control Number _______________________ ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS United States Environmental Protection Agency Washington, DC 20460 The prospective participant certifies to the best of its knowledge and belief that it and the principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction: violat ion of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative __________________________________________________________________ Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49 (11-88) Page 82 of 169 City of Pasco Page 30 of 36 Attachment V: DWSRF Eligible Project Costs PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS Must be directly attributable to the project. 1. The costs for complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 2. DWSRF loan fees. 3. The purchase of a portion of another system’s capacity, if it is the most cost effective solution (limited to publicly owned (municipal) systems). 4. Construction of reservoirs (clear wells) that are part of the treatment process and are collocated with the treatment facility. 5. Construction of distribution reservoirs (finished water). 6. Cost associated with restructuring or consolidation of existing water systems by publicly owned water systems. 7. Main extensions to connect to safe and reliable sources of drinking water. 8. Cost associated with collecting and preparing environmental assessment documents to obtain local permits. 9. Direct labor including related employee benefits: 9.1. Salaries and wages (at actual or average rates) covering productive labor hours of employees of the borrower (excluding the administrative organization of the operating unit involved) for periods of time actively or incidentally engaged in pre-design engineering, design engineering, construction engineering, acquisition of rights of way, and the cleaning, sterilization or bacteriological testing of water system components prior to public use. The costs of services rendered by employees generally classified as administration/project management of the loan are considered a direct cost only when such employees are assigned the types of services described above and shall be limited to 3% or less of the project loan amount. 9.2. Employee benefits relating to labor are considered a direct cost of construction projects. The following items may be included as employee benefits: • F.I.C.A. (Social Security) –employer’s share. • Retirement benefits. • Hospital, health, dental, and other welfare insurance. • Life insurance. • Industrial and medical insurance. • Vacation. • Holiday. • Sick leave. • Military leave and jury duty. Employee benefits must be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs must be based on the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations. • Other than work identified in Number 9.1, no costs associated with labor performed by the borrower’s employees, including force account work, are eligible for financing assistance. 10. Contract engineering, planning, design, legal, and financial planning services. The Department reserves the right to declare ineligible legal costs that are unreasonable and disproportionate to the project. 11. Contract preconstruction work. 12. Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county-owned equipment, at the rental rates established by the local government’s “equipment rental and revolving fund” following the methods prescribed by the division of municipal corporations. However, such costs must be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities with a population of eight thousand or less not using this type of fund are allowed the same rates as used by the State Department of Transportation. 13. Direct materials and supplies. 14. Other direct costs incurred for materials or services acquired for a specific project are eligible costs and may include, but are not limited to such items as: 14.1. Telephone charges. 14.2. Reproduction and photogrammetry costs. 14.3. Video and photography for project documentation. 14.4. Computer usage. 14.5. Printing and advertising. 15. Other project related costs include: 15.1. Competitive Bidding. 15.2. Audit. 15.3. Insurance. 15.4. Prevailing wages. 15.5. Attorney fees. 15.6. Environmental Review. 15.7. Archaeological Survey. Water system plan and Small water system management program and plan amendments costs are eligible for reimbursement. Projects may be designed to accommodate reasonable growth. This is generally the 20-year projection included in the system’s water system plan or small water system management program. Page 83 of 169 City of Pasco Page 31 of 36 Attachment VI: Labor Standards Provisions PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113 - 235) For Subrecipients That Are Governmental Entities: The following terms and conditions specify how recipients will assist EPA in meeting its Davis -Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under the FY 2015 appropriations act with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of Health. If a State recipient needs guidance, they may obtain additional guidance from DOL’s web site at http://www.dol.gov/whd/. 1. Applicability of the Davis- Bacon (DB) prevailing wage requirements. Under the FY 2015 Consolidated and Further Continuing Appropriations Act, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any s ubsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior t o the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a r easonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensur e that wage determinations contained in the solicitation remain current. (b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not a pply to the contract or ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beg inning of the contract or ordering instrument by change order. The subrecipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination. 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in Page 84 of 169 City of Pasco Page 32 of 36 Attachment VI: Labor Standards Provisions PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2015 appropriations act, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions a s are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov. (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performe d by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount d esignated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this cont ract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contrac tor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. Page 85 of 169 City of Pasco Page 33 of 36 Attachment VI: Labor Standards Provisions PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contrac tor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including a pprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advanc e, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub -grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy recei ved, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; Page 86 of 169 City of Pasco Page 34 of 36 Attachment VI: Labor Standards Provisions PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or ca sh equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available fo r inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees-- (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not indivi dually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordan ce with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a Sta te Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices . Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be Page 87 of 169 City of Pasco Page 35 of 36 Attachment VI: Labor Standards Provisions PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amende d, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be r esponsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), St ate, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for a ward of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject t o the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for t he unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Suc h liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier Page 88 of 169 City of Pasco Page 36 of 36 Attachment VI: Labor Standards Provisions PCL28205 DWSRF NT Preconstruction Loan Contract (Municipal) subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to ver ify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly p ayroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcont ractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontracto rs are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department of Health and to the appropriate DOL Wage and Hour District Office listed at https://www.dol.gov/whd/local/. Page 89 of 169 AGENDA REPORT FOR: City Council August 17, 2022 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Attendance Awareness Month Proclamation I. REFERENCE(S): Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Barajas will read the proclamation for "Attendance Awareness Month" scheduled for September 2023 and present the proclamation to United Way Benton & Franklin Counties Community Impact Director Jessica Sagdal, III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco community members and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this city. Information on how to request proclamations is available on the City's website (also attached) to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. During Attendance Awareness Month, public agencies, educators, schools, public officials, civic organizations, businesses, and families come together to promote school attendance so children have an opportunity to learn and flourish. Being absent from school just two days each month for any reason equates to missing 10% of instructional time and valuable information needed to ensure Page 90 of 169 academic progress. Promoting regular school attendance is important for all students but critical for our most vulnerable youth. Communities across the country have started helping schools address chronic absences by building public awareness and leveraging resources. Below is the vision for attendance from our partners at the Office of Superintendent of Public Instruction (OSPI): • Absences can reflect inequities created by our systems (education, economic, transportation, health) • Absences can signal when a student or family might need more support • Absences are a signal that cues us to take an inquiry stance and get curious about why students aren’t attending • Students and families are often our best source of information to understand how to increase attendance and engagement • Attendance is a stepping stone to engagement; a necessary precursor of engagement or mastery • Attendance tells us when a student has accessed instruction • Responding to absences is more effective when it is positive and proactive, not punitive V. DISCUSSION: Mayor Barajas will present Attendance Awareness Proclamation to United Way Benton & Franklin Counties Community Impact Director Jessica Sagdal. Page 91 of 169 Proclamation “Attendance Awareness Month” September 2023 WHEREAS, good attendance in school remains essential to student achievement and progress toward graduation; and WHEREAS, chronic absence – missing 10 percent, two or three days a month, or more – is a predictor of academic trouble and dropout rates, and weakens our communities and local economy; and WHEREAS, all students, even those who show up regularly, are affected by chronic absence because teachers must spend time reviewing for students who missed lessons; and WHEREAS, student absenteeism can be significantly reduced when schools, parents, and communities work together to monitor and promote good attendance and address hurdles that keep children from participating in school; NOW, THEREFORE, I, Blanche Barajas, Mayor of the City of Pasco, Washington, do hereby proclaim September 2023 as, “Attendance Awareness Month” and, encourage our community members to join in and stand with the nation in its commitment to the academic success of all students. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 21st day of August 2023. Blanche Barajas, Mayor City of Pasco Page 92 of 169 AGENDA REPORT FOR: City Council August 17, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Financial Reports - Year To Date through Second Quarter 2023 & June 2023 General Fund I. REFERENCE(S): Financial Report Second Quarter 2023, ending June 30, 2023 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: N/A III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Attached is the Financial Report for all City Funds through June 30, 2023. The General Fund is a major fund of the City. It is the primary governmental fund of the City and reflects all revenues and expenditures not accounted for in another fund. All other fund types e xist for a specific program or purpose. The budget to actual activity is outlined in the attached report with supporting discussion. V. DISCUSSION: Please view the attached report for details. Page 93 of 169 Financial Report Second Quarter, ending June 30, 2023. Prepared by Darcy Buckley, Finance Director Page 94 of 169 Permit Type 2022 Count 2022 Permit Value (Millions) 2023 Count 2023 Permit Value (Millions % Change Count % Change Dollars Commercial 273 $64.64 248 $105.35 -9%63% Industrial 37 7.93 40 16.74 8%111% Mobile Home 3 0.24 4 0.44 33%80% Residential 1,148 70.16 1,132 48.77 -1%-30% Total 1,461 $142.98 1,424 $171.30 -3%20% Building Permit Activity Quarter Two 2023 Financial Report / Page 1 The table above reflects year-to-date activity for the years 2022 and 2023. All permitted activity in the City is included in the totals whether a small or large scale improvement or new construction. While the count of permits is lower, permit values overall have increased. Notable 2023 changes include an increase in value (+200%) of multi- family permits. 2022 activity includes high value warehouse construction. However, 2023 increases in permits issued in the types of business professional, business service, and major alterations account for 66% of the warehouse permit value. Industrial category agricultural type permits and major alterations permits are strong in 2023. The only permit category with 2023 activity under 2022 activity in count and value of permits is residential. This decrease is primarily in single family dwelling units, down approximately 40%. Permit values for major (20%) and minor (10%) alterations and accessory dwelling units (120%) have increased. Page 95 of 169 Activity Based on Received in Year 2023 Year First Quarter Second Quarter Total YTD June 2023 Over/(Under) 2021 $3,828,236 $4,705,525 $8,533,762 12.4% 2022 5,625,597 5,663,208 11,288,806 (15.00)% 2023 $4,736,610 $4,858,775 $9,595,385 T h e sa l e s ta x rat e a p p l i e d t o City o f Pasc o r e t ail sal e s is 8.9 %. O f t h is s a l e s t a x r a t e , t w o t e n t hs o f on e per cen t b e n e f i t the P a s c o Publi c Fa ci l i t ies Dis tri ct . T h i s v o t e r approv ed t a x t o s u p p o r t c on s t r uction of an Aqua t i c Cen t e r was i mpl e men t e d a nd s t ar t e d for sal es o f Ja n uar y 20 23 forw a rd. T h e Cit y o f Pasco re c e i ves a s h are of Regu l a r an d O p t i o n al s ales t ax (1%), Cri m i n al J us t ic e (0 .1 %), a nd P u b lic S a f e t y (0.3%). Ta x e s t h a t m ake up the ma j or i t y o f t h e 8.9% ra t e a r e d i s t ribu t e d t o t h e Sta t e a n d t o F ran k l i n C o u nty . T h e Cit y rec e i ves 85 % of the 1% Reg u l ar a n d O p t i o n al sales tax . Cri m i n al J ustice an d Publ i c Safety s a l e s t a x is d is t ri bu t e d t o t h e Cit y b y Fr a n k lin Co unt y b a s e d o n d i f f e r e nt distr i b ution methods p res c ribed by Stat e of Wa shi n gton l a w s a nd weig h te d b y po p ula t i o n . Over the past many years the City has benefitted from construction sales tax. Large scale projects in 2022 significantly impacted sales tax revenue. Below is a comparison of monthly receipts by year. 2023 revenues are greater than those of 2021, but below 2022 collection. Sales tax collected in 2022 related to one large scale construction project attributes for the tax revenue difference. Sales Tax General Fund Financial Report / Page 3Second Quarter 2023 Financial Report / Page 2 Page 96 of 169 The City has a biennial budget for the calendar years of 2023-2024. Through June month end of 2023, 25% of the biennium has passed. Certain categories of revenue are not received in a level fashion. Sales tax, the General Fund's largest source of revenue, is recognized monthly but typically two months in arrears. The percentage recorded through June 2023 is 14.7% of biennial revenue. Due to the delayed receipt equating to 4/24th (four months of a two year period), the linear expectation is equal to 16.67%. For example, revenue reported through June of 2023 is for sales through April 2023. Not until year end is closed, approximately March 2024, will all sales tax revenue for 2023 be recorded. Utility tax accounts for a significant revenue stream for the General Fund. As of June 2023, 23.87% of budgeted utility tax revenue is recognized. While property tax revenues are recorded throughout the year, the largest installments are received in April and October. As expected, the revenue thus far accounts for 28.87% of the biennium. Charges for services category are a result of service provision to the public and other City departments. Included are items like inter-fund changes for engineering and administrative services, fire protection at the airport, utility bill collection fees and planning and permitting type fees. Internal billings are often a month in arrears making revenue lag slightly. Revenue - General Fund Quarter Two 2023 Fund Financial Report / Page 3 Page 97 of 169 A general obligation bond issuance is in progress to fund various projects including Fire Station 85 construction and improvements to Animal Shelter, Gesa Stadium and Memorial Pool Facilities. Also budgeted in this biennium is the potential issuance of debt for the Broadmoor Tax Incremental Financing Area. Revenue - General Fund Quarter Two 2023 Financial Report / Page 4 Page 98 of 169 Category of Revenue Biennial Budget YTD June 2023 % Received Retail Sales Tax $44,450,700 $6,264,687 14.09% Retail Sales Tax - Public Safety & Criminal Justice 8,780,000 1,419,486 16.17 Utility Tax 24,204,918 5,777,104 23.87 Property Tax 25,863,203 7,463,890 28.87 Other Tax 2,392,852 610,846 25.53 Licenses & Permits 7,481,532 1,548,257 20.69 Intergovernmental 7,194,296 1,690,191 23.49 Charges for Goods & Services 19,688,841 4,901,491 24.89 Fines & Penalties 1,790,529 423,915 23.68 Miscellaneous 1,828,814 623,178 34.08 Interfund Loan Receipts 113,201 1,125 0.99 Transfer & Subsidy 35,796,816 91,261 0.25 Total $179,585,702 $30,815,432 17.16% Without Debt Proceeds $144,585,702 21.27% Revenue Budget Comparison Page 99 of 169 Category Name Biennial Budget YTD June 30, 2023 % Received Licenses & Permits $527,878 $258,603 48.99% Intergovernmental 50,000 25,000 50.00 Charges for Goods & Services 75,301,052 17,386,215 23.09 Fines & Penalties 0 3,500 no budget Miscellaneous 5,771,484 460,159 7.97 New Service Capital 13,574,611 1,140,001 8.40 Capital - Debt Proceeds 172,358,543 8,669,633 5.03 Total $267,583,568 $27,943,112 10.44% Enterprise Fund - Revenues General Fund Financial Report / Page 8 The enterprise fund is composed of City Utility System Activity that is accounted for individually. This segregation is crucial to uniquely assess individual utility financial results and need rate requirements. The primary revenue source for the utilities are charges for services. The summer time billing months of June through October are seasonally high revenue months for the water, irrigation, and sewer utility systems. Charge for services revenues are representative of expectations thus far in the biennium. The other major revenues are provided by new system users in the form of a connection fee and debt proceeds to fund capital projects. Each categories' revenue timing are dependent on related project timing. The new service capital revenue category is partially composed of activity for projects that are externally driven and outside City control. If projects are not initiated and funds secured, correlating capital expenses will not occur. Quarter Two 2023 Financial Report / Page 6 Page 100 of 169 Category Name Biennial Budget YTD June 30, 2023 % Received Licenses & Permits $973,800 $92,739 9.52% Intergovernmental 15,925,095 2,557,932 16.06 Charges for Goods & Services 28,118,419 7,779,227 27.67 Fines & Penalties 509,825 65,428 12.83 Miscellaneous 2,869,367 2,236,226 78.48 Hotel/Motel Tax 1,524,837 222,736 14.61 Real Estate Excise Tax 9,216,036 703,721 7.64 Transfer and Subsidy 6,690,302 315,572 4.72 Total $65,843,681 $13,980,246 21.23% Special Revenue Fund - Revenues General Fund Financial Report / Page 8 Special Revenue Funds account for activity where revenue is collected for a dedicated and distinct purpose. Examples include the Ambulance Fund and the Capital Improvements Fund. Quarter Two 2023 Financial Report / Page 7 Page 101 of 169 Category Name Biennial Budget YTD June 30, 2023 % Received Intergovernmental $19,118,939 $1,413,205 7.39% Miscellaneous 21,617,967 0 0.00 Transfer and Subsidy 87,679,987 563,486 0.64 Total $128,416,893 $1,976,691 1.54% Construction Fund - Revenues General Fund Financial Report / Page 8 The Construction Fund reflects activity associated to City projects that are not utility supporting. Included in this category are transportation, parks and recreation facilities, general government facility improvements, like Fire Station 85, and the animal control facility construction. Revenue is typically received on a reimbursement basis, meaning the expenses will post to this fund first. Then, revenues will be received to reimburse activity based on supporting funds, debt proceeds or grants. The miscellaneous revenue category represents either projects that are externally driven and outside City control or unfunded. Correlating budgeted capital expenses will not occur until funds are secured. Quarter Two 2023 Financial Report / Page 8 Page 102 of 169 Category Name Biennial Budget YTD June 30, 2023 % Received Charges for Service $22,785,254 $6,563,131 28.80% Miscellaneous 112,000 350,351 312.81 Transfer and Subsidy 59,150 92,984 157.20 Total $22,956,404 $7,006,466 30.52% Internal Service Fund - Revenues General Fund Financial Report / Page 8 Internal Service Funds provide support to other City departments and funds. Included services are equipment replacement, fleet maintenance and operations, and health care employee benefits. The miscellaneous category is greater than budgeted related to a refund to the Medical Services Fund. Quarter Two 2023 Financial Report / Page 9 Page 103 of 169 Category Name Biennial Budget YTD June 2023 % Spent Transfers & Subsidies $44,625,637 $605,890 1.36% Salaries & Wages 67,719,671 14,746,873 23.87 Personnel Benefits 21,559,328 4,957,806 23.00 Supplies 6,673,227 1,644,002 24.64 Services 40,050,860 11,909,311 29.74 Capital Outlays 3,595,460 1,690,191 29.95 Debt Service 10,154,708 499,018 4.91 Total General Fund $194,378,891 $35,439,693 18.23% General Fund Expenses Quarter Two 2023 Financial Report / Page 10 Page 104 of 169 Category Name Biennial Budget YTD June 2023 % Spent Transfers & Subsidies $1,014,150 $59,150 5.83% Salaries & Wages 12,478,956 2,745,486 22.00 Personnel Benefits 5,210,704 1,091,892 20.95 Supplies 7,127,038 1,037,236 14.55 Services 33,476,269 5,664,685 16.92 Capital Outlays 220,662,932 19,646,452 8.90 Debt Service 22,949,499 1,875,897 8.17 Total Enterprise Fund $302,919,548 $32,120,797 10.60% Enterprise Fund Expenses Quarter Two 2023 Financial Report / Page 11 Page 105 of 169 Category Name Biennial Budget YTD June 2023 % Spent Transfers & Subsidies $55,649,739 $3,522,420 6.33% Salaries & Wages 18,419,690 4,116,542 22.88 Personnel Benefits 4,969,939 1,210,775 22.43 Supplies 3,492,613 657,308 22.52 Services 19,410,069 5,874,643 29.60 Capital Outlays 1,311,115 162,748 11.27 Debt Service 739,233 122,818 16.61 Total Special Revenue Fund $103,992,398 $15,667,254 15.07% Special Revenue Fund Expenses Quarter Two 2023 Financial Report / Page 12 Page 106 of 169 Category Name Biennial Budget YTD June 2023 % Spent Supplies $0 $6,789 No budget Services 0 71,509 No budget Capital Outlays 128,640,230 13,795,844 10.72 Total Construction Fund $128,640,230 $13,874,143 10.79% Construction Fund Expenses Project budget totals are planned and included in the Capital Outlays category. However, as a natural part of constructions there are small expenses incurred that are not capital in nature. Those expenses are coded to a supply or services line, as appropriate. Quarter Two 2023 Financial Report / Page 13 Page 107 of 169 Category Name Biennial Budget YTD June 2023 % Spent Salaries & Wages $1,851,313 $282,359 15.25% Personnel Benefits 766,545 116,604 15.21 Supplies 2,582,950 784,321 30.37 Services 13,013,858 4,853,273 37.29 Capital Outlays 7,072,270 1,940,981 27.44 Total Internal Service Fund $25,286,936 $7,977,539 31.55% Internal Service Fund Expenses Quarter Two 2023 Financial Report / Page 14 Page 108 of 169 Government Utility Lewis Street Overpass $3,962,987 PWRF - Anerobic Digester $4,997,786 Fire Station 85 2,717,701 Water Reservoir Storage Zone 3 2,848,015 City-wide Traffic Improvements 1,602,915 West Pasco Water Treatment Plant Expansion 2,286,655 Schlagel Park Boating Facilities 1,328,640 Wastewater Treatment Plant Improvements 2,222,245 Quarter Two 2023 Financial Report / Page 15 Construction Projects Below is a list of YTD spending on Major Projects Page 109 of 169 With the exception of Internal Service Funds, City-wide revenues and expenses recorded through the month ended June 30, 2023 are lower than a linear calculation of budget through 25% of the biennium. Internal Service fund expenses are high in the supplies and service expense categories. This activity will be monitored as the year continues. Depending upon market conditions it may be necessary to adjust the budget. June month-end elapsed time is approximately 25% of the biennium. When looking at all City activity recorded the following activity has been reflected in the budget: Expense Category Percentage of Budget Used as of June 30, 2023 Transfers & Subsidies 4.13% Salaries & Wages 21.90 Personnel Benefits 22.41 Supplies 21.73 Services 26.22 Capital Outlays 10.47 Debt Service 16.13 Total City-Wide Expenses 14.07% Financial Outlook Quarter Two 2023 Financial Report / Page 16 Page 110 of 169 Overall, expenses recorded are less than budgeted as compared to time in this biennium (25%), with the exception of services. Across City departments, various rate studies and analysis efforts are underway. Included are capital connection and impact fees, both of which are important to accurately price the cost of growth balanced against infrastructure investments made by existing rate and tax payers. Departments are currently in the process of creating their Capital Improvement Plan (CIP) for years 2023 - 2029. This plan is a crucial step in financial planning, providing a method to integrate many department specific master and strategic plans with community needs and desires. While projects are only funded based on budget appropriation, the CIP informs budget level decisions. Budgetary decisions, and resulting efforts, of the City Council and City staff are based on the input of many stakeholders. The creation of the CIP will help inform challenging decision making and wise stewardship of public funds. Approximately, September of this year a mid-biennium review will begin. In that review, finance and department staff will analyze YTD activity and trends, evaluate needs or concerns that arise based on current year experience and present identified budget amendments to Council. Revenue analysis will be an important part of this analysis and impact budgetary decisions for the remaining of the biennium. Retail sales tax, hotel/motel tax and real estate excise tax will be carefully monitored and considered as these funds are need to support spending. Other revenue types listed below that are less than year in biennium budget percentage are often tied to capital project progression and therefore less of a concern. However, assessment of all revenues will occur. Quarter Two 2023 Financial Report / Page 17 Financial Outlook Page 111 of 169 When summarized by revenue type City-wide revenue reflects the following percentages of activity has been reflected in the budget: Revenue Category Percentage of Budget Received as of June 30, 2023 General Property Tax 28.86% Other Tax 25.53 Retail Sales Tax 14.44 Utility Tax 23.87 Hotel/Motel SalesTax 14.61 Real Estate Excise Tax 7.64 Licenses & Permits 21.15 Intergovernmental 13.26 Charges for Goods and Services 25.24 Fine and Penalties 21.42 Miscellaneous 12.08 Revenue - Capital Support 8.40 Total City-Wide Revenues 12.32% Quarter Two 2023 Financial Report / Page 18 Financial Outlook Page 112 of 169 AGENDA REPORT FOR:City Council August 17, 2023 TO:Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM:Jacob Gonzalez, Director Community & Economic Development SUBJECT:Ordinance No. 4678 - Creating Pasco Municipal Code Title 18 Public Art and Murals I.REFERENCE(S): Ordinance Memorandum: Mural Code and Paint Pasco - Public Mural Program II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4678, amending Pasco Municipal Code, Chapter 17.10 Definitions, Sections 17.15.010, Interpretation of Sign Allowance Table and 17.20.010 Permits, Fees and Inspection, and creating a new Title 18 Public Art and Murals and, further, publish by summary only. III.FISCAL IMPACT: None. IV.HISTORY AND FACTS BRIEF: In January 2023, the City Council officially adopted the Downtown Pasco Master Plan, a comprehensive framework comprising the vision, goals, and strategies that will shape the development of Downtown Pasco. This plan is the result of extensive community input, rigorous analysis of existing conditions, best practices, and a keen focus on leveraging the unique opportunities present in our vibrant city center. A central objective of the Downtown Pasco Master Plan is to cultivate a downtown that genuinely reflects the essence of Pasco's History, People, and Culture. To accomplish this, a significant emphasis has been placed on enhancing the artistic landscape, both through private and public art installations. Page 113 of 169 In alignment with the Master Plan's vision, one of the key initiatives involves the establishment of a public mural and art program. This endeavor necessitates a crucial modification to the Pasco Municipal Code (PMC), separating "murals" from the Sign Code (PMC Title 17). Additionally, a City-led mural program will be established, collaboratively developed with the valuable input of community partners. V.DISCUSSION: In collaboration with various City departments, the public, and the consultant team (Framework), staff prepared an amendment for Council approval. The ordinance prepared includes minor changes and refinements per the discussion held at the July 24, 2023, City Council Workshop. The ordinance received a comprehensive legal review. Lastly, the ordinance will create a new title for the Pasco Municipal Code, Title 18 Public Art and Murals. Page 114 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 1 ORDINANCE NO. 4678 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE, CHAPTER 17.10 DEFINITIONS, SECTIONS 17.15.010 INTERPRETATION OF SIGN ALLOWANCE TABLE AND 17.20.010 PERMITS, FEES AND INSPECTION, AND CREATING A NEW TITLE 18 PUBLIC ART AND MURALS. WHEREAS, the City Council adopted the first comprehensive Downtown Pasco Master Plan in January 2023; and WHEREAS, the Downtown Pasco Master Plan Framework includes a vison for creating a Downtown that reflects Pasco’s history, landscape, and culture; and WHEREAS, the vision is to be implemented by establishing a public mural and public art program; and WHEREAS, the City Council recognizes that the addition of public art in Downtown Pasco is a benefit that embraces both the cultural and physical landscape of the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Chapter 17.10 entitled “Definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 17.10.010 Generally. For the purpose of this title, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in this chapter and are to be used only for the implementation of this title. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. “Alley” means a public street not designed for general travel and used primarily as a means of access to the rear of residences and business establishments. “Building” means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. “Building code” means the building codes of the City adopted by PMC Title 16. “Building Official” means the Building Official of the City and/or the person designated to enforce the sign code by the City Manager. Page 115 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 2 “Building line” means a line established by ordinance beyond which no building may extend. “Change of copy” means the change of a logo, and/or message upon the face or faces of a legal sign. “City” means the City of Pasco, Washington. “Community event” means a community-wide event open to the general public and sponsored by a public agency, a public or private school, or a not-for-profit civic organization. “Curb line” means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the City Engineer shall establish the curb line. “Display surface” means the area made available by the sign structure for the purpose of displaying the advertising message. “District” or “zoning district” means any district established pursuant to the provisions of PMC Title 25. “Durable” means a nonbiodegradable material that withstands degradation from the elements such as weatherproof card stock, aluminum, metal, UV-protected plastics, treated or painted wood concrete, stone and similar materials. “Erects” means to build, construct, attach, place, suspend, or affix, including the painting of a wall sign. “Face of building” means the general outer surface of any exterior wall of a building or other structure. “Facade” means the entire building front or street wall face, including the grade to the top of the parapet or eaves, and the entire width of the building elevation. “Fence – subdivision” means a common fence constructed along the rear line of residential lots that back on arterial streets and constructed as part of the subdivision improvements. “Filling station, public motor fuels” means any area of land, including any structure or part thereof, that is used or designed to be used for the supply of motor fuels; also deemed to be included within this term shall be: Any area or structure used or designed to be used for polishing, greasing, washing, spraying (other than paint), dry cleaning, or otherwise cleaning or servicing such motor vehicles. “Frontage” means the measurement of the length of the property line or building front. Page 116 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 3 “Hearing Examiner” means the Pasco Hearing Examiner as set forth in Chapter 25.195 PMC. “Incombustible material” means any material which will not ignite at, or below, a temperature of 1,200 degrees Fahrenheit during an exposure of five minutes, and which will not continue to burn or glow at that temperature. “Mansard roof” means a sloped roof or roof-like facade architecturally able to be treated as a building wall. “Multiple-building complex” means a group of commercial or industrial structures. “Multiple-tenant building” means a single structure that houses more than one retail business, office or commercial venture, but that does not include residential apartment buildings sharing the same lot, access and/or parking facilities. “Nonconforming signs” are those which were lawfully installed, but which do not comply with the requirements of this title. “Nonstructural trim” means the molding, batons, caps, nailing strips, latticing, cutouts or letters and walkways that are attached to the sign structure. “Parapet” means a false front or wall extension above the roof line. “Parcel” means the real property on which a business is located or the portion of real property designated for use of a business. Parcel shall include all adjacent property used by a business including yards, parking lots, and storage yards. Where more than one business is located within a building, the property on which that building is located is considered one parcel. “Perimeter” means a square or rectangle required to enclose the sign area. “Periphery of right-of-way” means that portion of the right-of-way lying behind the street improvement. (See definition for “Street improvements.”) “Person” means and includes persons, firms, partnerships, associations, corporations, and other business entities. “Premises” means the real estate as a unit, upon which is displayed the sign or signs mentioned in this chapter. “Private road or driveway” means every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. Page 117 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 4 “Projection” means the distance by which a sign extends over public property or beyond the property line. “Right-of-way (ROW)” means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes, including that space between the adjacent property line and the back of the street and/or sidewalk improvements. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. In the event a highway includes two or more separated roadways, the term “roadway” shall refer to any such roadway separately but shall not refer to all such roadways collectively. “Roofline” means the top edge of a roof or parapet or the top line of a building silhouette. “Setback” means the distance measured on a horizontal plane between a public right-of-way line or a property line and the closest portion of a sign thereto. “Sidewalk” means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians, or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. “Sign” means a name, identification, description, display or illustration that is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land and that directs attention to an object, product, place, activity, person, institution, organization or business. However, a “sign” shall exclude any display of official court or public office notice, emblem or insignia of a nation, political unit, school, or religious group. A “sign” shall not include a sign located completely within an enclosed building unless the public may view the sign from a roadway or sidewalk, or the context of this chapter shall so indicate. “Sign, abandoned” means a sign that no longer correctly directs or exhorts any person nor advertises a bona fide business, lessor, owner, product or activity conducted or available on the premises whereon such sign is located. “Sign area” means the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of a double- faced sign. Individual letter signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of each individual letter shall be considered the total area of the sign. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. Page 118 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 5 Perimeter or sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. “Sign – awning” means a sign that is hung from and below a building awning or canopy that may extend outwards under the awning or canopy and over the walkway or parking area. “Sign – banner” means flexible material on which a sign is painted or printed that is attached to a building or displayed on the grounds. “Sign – billboard” means a sign or sign structure supported by one or more uprights and braces in the ground or on a building roof upon which general advertising matter is placed, usually by the poster method, erected entirely upon private property. “Sign – blade or projecting” means a sign that is wall-mounted perpendicular to the building that may extend upwards and above the facade and/or outwards and over the walkway or parking area. “Sign – business” means a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold, or offered upon the premises where such sign is located, or to which it is affixed. “Sign – canopy” means a sign that is painted onto the face or edge of an awning or canopy that is mounted to the building facade. “Sign – changing message center” means an electronically controlled public service time and temperature sign, message center, or readerboard where different copy changes of a public service or commercial nature are shown on the same lamp bank. “Sign – combination” means any sign incorporating any combination of the features of freestanding, projecting and roof signs. “Combination sign” shall include signs commonly referred to as “fin signs.” “Sign – community event regional” means a sign that identifies events occurring at a regional sports/entertainment/convention/trade facility containing 60 or more acres located within 1,000 feet of a freeway interchange and adjacent to a highway of statewide significance. “Sign – construction” means a temporary sign designating the contractor(s), architect(s), and engineer(s) participating in a construction project underway on the same premises. A construction sign may also include the name of the project. “Sign – directional” means any sign designated and used solely for the purpose of indicating the location or direction of a place on the premises upon which the sign is located. Page 119 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 6 “Sign – directional off-premises kiosk” means a structure erected by the City or a private party through a license agreement with the City in approved locations bearing multiple off-premises directional signs. “Sign – directional traffic” means a sign that is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits and service areas. “Sign – directory of tenants” means a sign that identifies the building or project name and the tenants which share a single structure or development. “Sign – double-faced” means a sign with two faces. “Sign – electrical” means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. “Sign – flashing” means an electrical sign or portion thereof that changes light intensity in a sudden transitory burst or that switches on and off in a constant pattern with more than one-third of the light source that is not constant being off at any one time. “Sign – follow-through” means a sign which identifies the location of a business for the purpose of participating in the Washington State Department of Transportation Motorist Information Sign Program. “Sign – freestanding pedestal” means a self-supported sign permanently attached directly to the ground upon a pedestal base or monument foundation and not attached to any building, wall or fence (also called pedestal or monument sign). “Sign – freestanding pole” means a self-supported sign permanently attached directly to the ground supported by upright poles or posts or braces placed on or in the ground (also called ground or pole sign). “Sign – freeway” means a freestanding sign located on the premises where the business, product or service is located, with said sign being within 250 feet of I- 182, SR-395 or SR-12. “Sign – freeway interchange” means a sign that provides only regional identification for a group of businesses within an area defined by a state-recognized business association where the businesses collectively occupy a minimum of 15 acres of land. “Sign – garage or yard sale” means a sign advertising a private sale of personal household possessions; not for the use of any commercial venture. Page 120 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 7 “Sign height” means the vertical distance measured from the adjacent grade at the base of the sign support to the highest point of the sign or sign structure, whichever is higher. “Sign – identification” means a sign of an informational nature that directs attention to certain uses other than businesses, individual private residences. “Sign – inflatable” means a large balloon or balloon-like object greater than 18 inches in any dimension that uses blown air or a gas to remain inflated. “Sign – informational private” means a sign placed for the convenience of the property owner used for the sole purpose of designating property control and warning signs such as “no trespassing,” “no dumping,” “patrolled by dogs,” etc. “Sign – informational public” means a sign placed for the convenience of the public used for the sole purpose of designating restrooms, hours of operations, entrances and exits to buildings and parking lots, help wanted, public telephones, public notary, etc. Also included are plaques, tablets or inscriptions that are an integral part of a building. “Sign – interior” means any sign attached to the interior surface of the window of any building or structure, or maintained within the building or structure. “Sign – landmark” means a sign or plaque that is attached to the surface of the building or on a site that identifies or describes the historical, cultural, social, or other significance of a building or site. “Sign – limited duration” means any sign advertising real estate sales or rentals or construction projects utilized for a specified period of time. “Sign, marquee or readerboard” means a sign that displays a changing message using manually mounted lettering or electronic printout that may be mounted on a building or freestanding pedestal or pole. “Sign, marquee or readerboard – portable” means a sign that displays a changing message using manually mounted lettering or electronic printout that may be mounted on an easel, trailer, or other movable equipment. “Sign – nameplate” means a sign which indicates no more than the name and address of the resident of the premises. “Sign – nonconforming” means any sign lawfully constructed prior to the enactment of the ordinance codified in this title, which fails to conform to the provisions of this title. Page 121 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 8 “Sign – off-premises” means a sign that carries a message of any kind or directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed. Signs identifying a business complex and containing the names of multiple businesses within the complex shall not be considered an off-premises sign. “Sign – off-premises directional” means a sign providing directions to a public or other community event or facility in a location different than the property on which the sign is posted. “Sign – off-premises informational” means a sign providing information about events conducted at a public or other community facility in a location different than the property on which the sign is posted. “Sign – open house” means a sign welcoming viewers to a piece of residential real estate that is being offered for sale. “Sign – pedestrian-oriented” means a sign the primary purpose of which is to provide information for pedestrians and bicyclists. “Sign – political” means a temporary sign that identifies a candidate(s) for public elective office; urges a particular vote on a ballot measure in a pending public election, whether local, state or national; or expresses an opinion on a public issue. “Sign – portable” means an unlighted business sign, including paper, cardboard, wood or metal, that is capable of being moved easily and that is not permanently affixed to the ground, structure or building. This includes a sidewalk or sandwich board signs, except those worn by a person. “Sign – poster” means a decorative placard or advertisement intended to advertise a movie, theater production, video or CD, or other product or special event that is being conducted or offered for sale. “Sign – readerboard” means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. “Sign – readerboard, portable” means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. A portable readerboard is capable of being moved or trailer mounted and is not permanently affixed to the ground, structure or building. Page 122 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 9 “Sign – real estate” means a temporary sign erected by the owner, or his/her agent, that advertises the real estate upon which the sign is located for rent, lease or sale, or directing people to the property. “Sign – real estate directional” means a temporary and/or portable sign that is intended to assist people finding the location of difficult-to-locate property that is for sale, rent, or lease. “Sign – revolving” means any sign that rotates or turns in a circular motion by electrical or mechanical means and does not exceed eight revolutions per minute. “Sign – roof” means a business sign erected upon or above a roof or parapet of a building or structure. Mansard roof signs shall be considered wall signs. “Sign – sandwich or A-frame” means a temporary portable two-faced board-style sign that is readily movable and has no permanent attachment to a building, structure, or the ground. “Sign – special event” means a temporary sign advertising activities concerning a drive or event of a political, civic, seasonal, cultural, philanthropic, educational or religious event or organization that will occur intermittently. “Sign structure” means any structure supporting or capable of supporting any sign defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building or structure. “Sign – temporary” means any real estate, open house, special event, garage sale, or political sign corresponding to a specific event and displayed for a limited period of time. “Sign – tract” means signs used for the sale of real property in a platted subdivision. “Sign – wall” means any sign, mural or graphic design which is attached parallel to, or flat against, or is painted on, the wall or exterior of a building or structure having a commercial message or identification. “Sign – wall mural or artwork” means a mural or artwork painted on a building wall that may or may not have a commercial message, name, or other advertisement incorporated. (Exterior surface color alone is not considered a mural or artwork.) “Sign – wall-mounted” means a sign attached or erected parallel to and extending from the facade or wall of any building to which it is attached. A wall sign is supported through its entire length with the exposed face of the sign parallel to the plane of said wall or facade. A sign painted on the wall of a building or a sign painted or attached to a marquee shall be considered a wall-mounted sign. Page 123 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 10 “Sign – window” means any sign which is painted or mounted onto an exterior window pane, or which is hung directly inside the window, including advertisements for services or products in the form of decals, emblems, paint, exposed neon, banners, etc., within three feet of the window pane. “Sign – window, temporary indoor” means any sign (or poster) of a temporary nature displayed within a commercial building on the inside of the glass or in close proximity to the window and may be viewed by persons outside of the building. “Street” means a public or private way open to general public use including all classes of roadways and excepting alleys, driveways, and interstate freeways, but including major internal circulation corridors within parking lots. “Street frontage” means the side of the building facing a street that abuts the property on which the building is located. “Street improvements” means the paved roadway, and adjoining curb, gutter, sidewalk and landscaping. “Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. “U.L.” means Underwriters Laboratory. Zone, Zoning District. See definition under “District.” [Ord. 4190 § 1, 2014; Ord. 3909 § 1, 2009; Ord. 3790 § 2, 2006; Code 1970 § 17.03.010.] Section 2. That Section 17.15.010 entitled “Interpretation of sign allowance table” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 17.15.010 Interpretation of sign allowance table. (1) The sign allowance table, as incorporated herein, determines whether a specific sign is allowed in a zone district or by land use activity. The zone district or land use activity is identified in the left column and the specific sign allowances are located in the rows of the table. (2) If no symbol or number appears in the table box at the intersection of the column and row, the sign is not allowed in that category or is not subject to an allowance. (3) If a number appears in the table box at the intersection of the column and row or in the column or row heading, the sign may be allowed subject to the appropriate requirement and specific conditions indicated in the table footnotes. Page 124 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 11 (4) All applicable requirements shall govern a sign whether or not the requirements are cross-referenced in the table. Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | Access, landmark, and informational signs - all zones entry/exit freestanding pedestal/pole sign yes durable 1 4 4 5 0 per exit/ entry landmark wall sign/plaque yes durable 1 10 8 5 0 per building frontage informational - private (6) wall sign no durable 1 2 8 5 0 per building frontage freestanding pedestal/pole sign no durable 1 6 4 5 0 per street frontage informational - public wall sign no durable 1 2 8 5 0 per building frontage freestanding pedestal/pole sign no durable 1 6 4 5 0 per street frontage Permanent signs Page 125 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 12 Residential districts - RT, R-S-20, R-S-12, R-S-1, R-1, RFAH-1/1A, R-2, R-3, R-4, RMHP identification - dwelling unit wall sign no durable 1 2 8 5 0 per property freestanding pedestal/pole sign no durable 1 2 4 5 0 per property identification - bldg complex wall sign yes durable 1 24 2 0 5 0 per building frontage freestanding pedestal/pole sign yes durable 1 24 4 5 0 per street frontage daycare facility wall sign yes durable 1 16 2 0 5 0 per building frontage commercial freestanding pedestal/pole sign yes durable 1 16 1 5 5 0 per street frontage school/religiou s use (15) wall sign yes durable 1 24 2 0 5 0 per building frontage freestanding pedestal/pole sign yes durable 1 40 1 5 5 0 per street frontage freestanding marquee/reader- board sign yes durable 1 24 1 5 5 0 per street frontage Office/commercial districts - O, C-1, C-2, C-3, C-R, BP, I-1, I-2, I-3 Composite allowance - all sign surfaces maximum per sign window sign (11) no transparent n a 25 % 1 5 per building/street frontage awning sign per business yes durable 1 24 1 5 - 2 8 may extend over walkway canopy sign yes maintained n a 25 % 2 4 - 2 8 may extend over walkway wall sign yes durable n a 25 % n a 1 4 0 wall sign - murals/artwork (7) yes maintained n a 25 % n a 0 of commercial message blade/projecting sign yes durable 1 12 5 -2 - 2 5 0 Page 126 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 13 freestanding pedestal sign yes durable 1 35 0 1 5 0 5 0 *freestanding marquee/readerbo ard sign yes durable 1 48 1 5 5 0 per street frontage *freestanding pole - tenant directory sign yes durable 1 12 3 5 0 6 5 0 up to 12 tenants per sign *freestanding pole sign yes durable 1 35 0 3 5 0 6 5 0 off-premises directional sign (14) yes durable 1 5 1 5 5 0 Commercial/industrial districts - C-3, C-R, BP, I-1, I-2, I-3 maximum per sign freeway sign yes durable 1 35 0 7 0 50 0 6 3 5 3 5 per freeway frontage per freeway or freeway interchange (9) sign yes durable 1 48 0 7 0 50 0 6 3 5 3 5 per 15-acre site minimum frontage property and freeway readerboard (9) sign yes durable 1 15 0 3 5 50 0 6 3 5 3 5 per 15-acre site minimum Limited duration signs Undeveloped property Residential - lot freestanding pedestal/pole sign yes durable 1 24 8 5 0 15 after closing - tract freestanding pedestal/pole sign yes durable 1 60 8 5 0 15 after last closing Commercial - lot freestanding pedestal/pole sign yes durable 1 24 8 5 0 15 after closing - tract freestanding pedestal/pole sign yes durable 1 60 8 5 0 15 after closing Construction wall/banner sign yes durable 1 24 8 5 0 co ns t Page 127 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 14 freestanding pedestal/pole sign yes durable 1 32 8 5 0 co ns t Real estate sales/rentals per building or property Residential zones window/poster sign no 1 2 0 15 after closing freestanding pedestal/pole sign (10) no durable 1 6 8 5 0 15 after closing freestanding sign (10) no durable 2 2 8 5 0 15 after closing Commercial zones (12) window/poster sign no 1 2 0 15 after closing wall/banner sign no durable 1 6 2 0 5 0 15 after closing freestanding pedestal/pole sign (9) no durable 1 6 8 5 0 15 after closing Temporary signs Open house - real estate sales sandwich- directional (10) no durable 4 6 4 5 0 after event sandwich-site (10) no durable 1 6 4 5 0 after event Special event - sales, charities, etc. Schools, churches, parks, farmers mkt, Xmas trees sandwich- directional (10) no durable 4 6 4 5 0 after event sandwich-site (10) no durable 1 6 4 5 0 after event window poster no n a 50 % after event window banner no durable 1 16 0 after event wall sign/banner no durable 1 64 2 0 5 0 after event banner - mounted freestanding pole no durable 1 10 2 0 - 2 8 5 0 after event marquee/readerbo ard - portable no durable 1 18 4 5 0 after event balloons (12) no biodegradab le 1 5 2 0 5 after event Page 128 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 15 Residential zones sandwich- directional (10) no durable 2 6 4 5 0 after event sandwich-site (10) no durable 1 6 4 5 0 after event Commercial zones sandwich- directional (10) no durable 2 6 4 5 0 after event sandwich-site (10) no durable 1 6 4 5 0 after event window poster no n a 50 % after event window banner no durable 1 16 0 after event wall sign/banner no durable 1 64 2 0 5 0 after event banner - mounted freestanding pole no durable 1 16 2 0 - 2 8 5 0 after event marquee/ readerboard - portable no durable 1 18 4 5 0 after event balloons (12) no biodegradab le 1 5 2 0 5 after event inflatables (13) yes nonflammab le 1 35 0 7 0 25 0 5 0 after event SR-12/395 and I-182 inflatables (13) yes nonflammab le 1 35 0 7 0 50 0 5 0 after event Political (16) freestanding no durable n a 6 4 5 0 10 after election * Freestanding signs are not allowed within the downtown overlay zone. 1 The area within a continuous perimeter enclosing the outer limits of the sign face, but not including structural elements, which are not a part of the display. The area of a two-sided sign equals the area of one side. The area of a spherical, cubical, or polyhedral sign equals 1/2 the total surface area. 2 Height: measured from the average finished grade at the sign foundation. Awning signs shall be at least 8 and no more than 16 feet above the walkway. Blade/projecting signs shall not extend more than 10 feet above the building facade or 6 feet from the face of the building. 3 Spacing: the linear distance between signs in feet. 4 The area under the sign that shall be free of obstructions to allow passage of pedestrians and vehicles. 5 Setback: shall be that portion of any sign or sign structure that is closest to the property line. 6 Private informational signs must be for an original purpose and may not simply repeat the same message over and over. 7 Artwork shall not detract from appearance of other buildings in the immediate vicinity. 8 On private property adjacent to an arterial road: not within 100 feet of a public street intersection, 300 feet of a residential district, within 250 feet of a freestanding sign of 200 sf of display area. 9 Freeway interchange signs must be located within 1,000 feet of an interchange, and 300 feet of ROW, on site of business on a minimum 15-acre site. 10 Square feet per one face of a two-sided sandwich board. 11 Window signs may include credit card logos and advertise hours of operation and address. 12 Balloons shall be no larger than 18 inches in diameter, not attached to a roofline. Page 129 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 16 13 Inflatables shall be securely anchored to the ground and not create a traffic or other hazard in the event of deflation. Inflatables shall be measured by square feet of surface volume. 14 Off-premises directional signs shall be of the material, color, lettering font, and structure specified by the Building Official. 15 Excepting Pasco High School Bulldogs stadium sign. 16 Campaign signs on private property are limited to 32 square feet in size. [Ord. 3865 § 1, 2008; Ord. 3790 § 2, 2006; Code 1970 § 17.05.010.] Section 3. That Section 17.20.010 entitled “Permits, fees and inspection” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 17.20.010 Permits, fees and inspection No sign shall be erected, constructed, altered, relocated or modified without first obtaining a permit pursuant to the provisions of this title unless specifically exempted herein. (1) Permit – Number Required. A separate permit shall be required for a sign or signs for each business location. If the business entity’s sign is part of a group of signs for a business location, only one permit shall be required at the time of application. (2) Permit – Time Limitation. If, after the issuance of a sign permit, the operations authorized thereunder are not completed or substantially completed within 180 days after the date of the permit, such sign permit shall be automatically null and void. (3) Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information or whenever the sign is in violation of any ordinance, regulation or provision of this chapter. (4) Change of Copy. The holder of a permit, for the duration thereof, shall have the right to change the advertising copy on the structure or sign for which the permit was issued, without being required to pay any additional fees. (5) Wall Sign and Mural Maintenance. Failure to properly maintain the media used within a painted wall sign or mural or artwork as defined herein shall be sufficient grounds to revoke the sign permit. (6) Interpretation. In all applications for permits where a matter of interpretation arises, the most restrictive definition shall prevail. Approval shall be dependent upon the showing that the proposed sign meets the specific size and type criteria required under this title and is compatible with the surrounding environment. The Building Official shall consider the proposed sign’s form, proportion, scale, color, materials, surface treatment, overall sign size, and the size and styling of the Page 130 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 17 lettering considering its relationship with other nearby signs, other elements of the street and site improvements and with adjacent structures. [Ord. 3790 § 4, 2006; Code 1970 § 17.07.010.] Section 4. That a new Title 18 entitled “Public Art and Murals” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Title 18 PUBLIC ART AND MURALS Chapter 18.05 MURALS Sections: 18.05.010 Purpose and Intent. 18.05.020 Definitions. 18.05.030 Design and Cultural Intent. 18.05.040 Arts and Culture Commission Review. 18.05.050 Required Submittal Requirements. 18.05.060 Voluntary Submittal Requirements. 18.05.070 Public Notice and Review Process. 18.05.080 Review Criteria. 18.05.090 Voluntary Guidelines. 18.05.010 Purpose and Intent. (1) To provide opportunities for art and murals in Pasco. (2) Ensure that murals are not obscene. (3) Ensure that murals are artwork and distinct from signs and commercial messages. (4) Encourage collaboration in the community and with the City Arts and Culture Commission on public murals. (5) Provide opportunity for review of proposed public murals by the City Arts and Culture Commission. (6) Ensure the mural program is constitutional and protects 1st Amendment rights. Page 131 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 18 18.05.020 Definitions. “Public mural” means a mural or artwork paid for with public funds or funded by a public program. “Wall mural or artwork” means a mural or artwork painted on a building wall that does not have a commercial message, name, or other advertisement incorporated. All murals are not considered signs and therefore are not subject to the standards in PMC Title 17 and may not be obscene. Exterior surface color alone is not considered a mural or artwork. 18.05.030 Design and Cultural Intent-Public Murals. (1) Communicate the rich history, culture, environment, and people of Pasco. (2) Contribute to a well-designed and vibrant City of Pasco. (3) Elevate professional artists by expanding opportunities for high-quality public art. (4) Enliven and enrich the public realm in Pasco as experienced by people. 18.05.040 Arts and Culture Commission Review-Public Murals. All publicly funded murals are required to be reviewed by the Arts and Culture Commission at a public meeting to verify the mural is not considered a sign , and therefore regulated under PMC Title 17, and not considered obscene by a average person. All applicants are encouraged to use the Arts and Culture Commission as a resource in the planning, design, and implementation of murals. 18.05.050 Required Submittal Requirements-Public Murals. (1) Complete mural application. (2) Plan of the mural with scaled dimensions. (3) Photo and description of the proposed mural location. (4) Graphics depicting the proposed mural design including dimensions, colors, text and other graphic elements. 18.05.060 Voluntary Submittal Requirements. Page 132 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 19 (1) Description of the mural theme and relevance to Pasco. (2) Statement regarding how the proposed mural is consistent with the design principles, guidelines and review criteria. (3) The name and qualifications of the professional artist selected for the mural project. Mentorships between professional artists and youth or developing artists are encouraged. (4) Artist portfolio demonstrating professional experience and qualifications for public art murals. (5) Pictures and photos of completed murals. (6) Maintenance plan for the proposed mural. (7) Timeline and any phasing for implementation. 18.05.070 Public Notice and Review Process-Public Murals. (1) All publicly funded mural applications shall be reviewed by the City of Pasco Arts and Culture Commission at a public meeting. (2) Applicants are encouraged but not required to notify adjacent property owners and residents at least 14 days prior to the review meeting with the Arts and Culture Commission. Property owners and residents within 300’ of the property where the mural is proposed should be notified. Applicants may provide confirmation to the City that proper notice was given in accordance with these recommended options. (3) The Arts and Culture Commission shall review the application at a public meeting and allow for public comment. (4) The Arts and Culture Commission shall summarize the results of the meeting and a recommendation regarding whether the mural violates any of the review criteria to City staff. (5) The Community and Economic Development Department shall consider input from the Arts and Culture Commission and the public in denying any mural request for being obscene or constituting a sign and therefore regulated under PMC Title 17. Page 133 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 20 18.05.080 Review Criteria-Public Murals. (1) The mural does not include elements that would constitute a sign and be subject to the sign code. (2) The mural does not contain content considered to be obscene by an average person. 18.05.090 Guidelines-Public Murals. Mural projects shall be consistent with the following guidelines. The Arts and Culture Commission may provide input and recommendations on the design of the proposed mural but does not have approval or denial authority. (1) The mural contributes community and artistic value, is designed and created by or at the direction of, a professional public artist. Mentorship programs are encouraged with professional public artists and emerging artists. (2) The mural is visually interesting and expressive of the community’s history, culture, environment, and/or people. (3) The mural contributes positively to the experience in the public realm with an emphasis on the experience of pedestrians. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 7. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 134 of 169 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 21 PASSED by the City Council of the City of Pasco, Washington, on this 21st day of August, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 135 of 169 MEMO To:Jacob Gonzalez,Director of Community Development,City of Pasco From:Jeff Arango,AICP and Lesley Bain,Principals,Framework Cultural Placemaking Date:July 19,2023 Re:Mural Code +Paint Pasco -Public Mural Program Over view The City of Pasco desires to update the municipal code to decouple murals from the sign code, provide a simple process for review of murals to ensure they are not offensive or considered signs,and to implement a public mural program.This memo summarizes the proposed updates to the Pasco Municipal Code (PMC),guidance on the process for creating a mural,and funding for the public mural program. Pasco Municipal Code Updates The following summarizes the proposed updates to the PMC regarding murals: ■Remove all references to murals in the sign code contained in PMC Title 17. ■Establish a new section in PMC 21.177 for murals ■Add a new definition for murals in PMC 21.177 as follows:“Wall mural or artwork” means a mural or artwork painted on a building wall does not have a commercial message,name,or other advertisement incorporated.Murals are not considered signs and therefore are not subject to the standards in PMC Title 17.Exterior surface color alone is not considered a mural or artwork. ■Establishes the Arts Commission as the review body to ensure that proposed murals are not considered signs or offensive.Content of murals will not otherwise be regulated. However,publicly funded murals will have oversight from the Arts Commission. ■Establishes voluntary guidelines for privately funded murals for those interested in taking advantage of the expertise and resources of the arts commissioners.The voluntary guidelines are to encourage community collaboration on murals.The voluntary guidelines would be required for murals funded under the public program proposed as “Paint Pasco”. 7/19/23 |1 Page 136 of 169 Paint Pasco -Public Mural Program The City of Pasco desires to kickstart and manage a public mural program.To be successful, the program must establish the program purpose,the connection to City and community interests and goals,and the process for soliciting interests,reviewing design proposals,and allocating funding.Murals are also addressed in a new section in the Pasco Municipal Code under PMC 21.177 and this section is intended to guide the public mural program. Mural Program Purpose +Intent 1.To celebrate the people,history,and culture of Pasco 2.To promote the arts and opportunities for professional artists 3.To support a thriving economy in Pasco 4.To support the activity and investment in Downtown and other neighborhoods in Pasco 5.To encourage collaboration in the community and with the City Arts Commission on murals 6.To ensure the mural program is constitutional and protects 1st Amendment rights Mural Process Murals under this program can be implemented in several different ways and generally at the discretion of the Arts Commission.Examples include the Arts Commission leading development of a mural on a public building,the Arts Commission issuing a call for design proposals/applications with funding through the Arts Commission,or a design competition led by the Arts Commission.Privately funded murals are not subject to the requirements of the public mural program but are subject to applicable sections of PMC 21.177.However,all murals funded under this program must meet the following requirements: 1.Murals funded under this program must be approved by the Arts Commission and will be reviewed based on the required and voluntary standards in PMC 21.177.The Arts Commission has the full authority to deny funding for projects that do not meet the criteria or otherwise are not in the interest of the City of Pasco and the community. 2.The mural must be maintained on the property for a minimum of 10 years unless a replacement is approved by the Arts Commission. 3.A signed indemnification must be provided from property owners where the mural is located to the City of Pasco. The following section summarizes some of the key strategies for implementing murals under this program: 7/19/23 |2 Page 137 of 169 Murals on City or Publicly Owned Property The Arts Commission may choose to directly solicit a mural design from a professional artist for public locations such as on City owned buildings.The Arts Commission may establish a theme or design parameters for any mural solicitation process.The review and selection process shall be conducted at a public meeting by the Arts Commission. Murals on Private Property Murals can be funded through this program for locations on private property.The Arts Commission may issue a call for proposals where people can apply to have their mural funded through the program.Solicitations for mural applications under the program may include a specific theme,elements,or approach for the mural by the Arts Commission.All murals on private property shall be selected through a solicitation process from the Arts Commission that is publicly noticed and allows multiple applicants to apply.The Arts Commission may choose to allow applications on a rolling basis. Mural Costs The cost of a mural includes the following,all of which have a range of costs depending on the mural and conditions: ■paying for the artist concept and the approval process ■preparing the wall for the paint ■scaffolding ■paint and materials ■Installation The cost will vary depending on the artist engaged and the amount of detail in the mural. However,there is a range that generally falls between $25 and $50 per square foot of wall painted. We recommend an allotment of $24,000 from the City of Pasco,which would cover the cost of two murals located in highly visible locations.Assuming $40 per square foot,this would allow completion of two 300 sf murals (i.e.each 12 feet high and 25 feet long). Attachments: 1.PMC Code Amendments -Draft 7/19/23 |3 Page 138 of 169 AGENDA REPORT FOR:City Council August 16, 2023 TO:Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM:Steve Worley, Director Public Works SUBJECT:Ordinance No. 4679 & Resolution No. 4369 - Bid Award Process Water Reuse Facility Ph 2: Winter Storage I.REFERENCE(S): Resolution Vicinity Map II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4679, amending the 2023-2034 Biennial Capital Project Budget (Ordinance No. 4620) of the City of Pasco, Washington, additional provide to supplement providing by thereto; appropriation in the City's Process Water Reuse Facility Utility Fund, and, further, authorize publication by summary only. MOTION: I move to approve Resolution No. 4369, awarding the Process Water Reuse Facility Phase 2 Winter Storage project to Tapani, Inc. of Battle Ground, Washington, in the amount of $31,588,246.92, including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. III.FISCAL IMPACT: PWRF Ph 2 Winter Storage Construction Contract: $31,588,246.92 Funding Sources for this project: Low Interest Loan, Department of Ecology: $52.27 million maximum loan amount. The Loan Agreement is currently in negotiation and will be presented to Council once a final draft is available. Debt service on the construction contract loan amount over twenty years, with an interest rate of 1.20% produces an average annual payment of $1.785M. Page 139 of 169 This payment amount will be included with other PWRF Pretreatment Improvement project costs and distributed to PWRF food processors based on winter storage needs and operational requirements. Darigold will be responsible for approximately 60% of the total cost based on their original winter storage volume request. Twin City Foods, Reser's Fine Foods, and Simplot will be responsible for 15% of the total cost based on their winter storage volume request. Grimmway, Pasco Processing, and Freeze Pack have all revised their original winter storage volume requests and the impacts of these changes are being evaluated in terms of cost impacts to all processors. The distribution of costs for this project, and all other PWRF Pretreatment Improvement project phases, are included in a rate study developed by FCS in coordination with the PWRF processors. Estimated processor costs are being updated in the rate model based on recent bids. Final payment will be determined upon completion of all four phases of the Pretreatment Improvement project. IV.HISTORY AND FACTS BRIEF: The referenced construction project encompasses Phase 2 of the planned improvements and modifications to the City's existing Process Water Reuse Facility (PWRF) located just north of the City limits. The PWRF provides pretreatment and final disposal via land application (irrigation) of food processing wastewater, significantly reducing the load on the City's municipal wastewater treatment plant and protecting Columbia River water quality. The PWRF stores process wastewater in on-site storage ponds during the winter and pumps both new and stored process wastewater for irrigation in the spring, summer, and fall. The proposed project will construct 3 storage ponds, each with an approximate capacity of 100 million gallons, and associated site infrastructure to provide additional storage for the expansion of existing processors and for new food processing plants, such as Darigold, within the PWRF service area. The storage ponds will be located on land currently owned by the US Bureau of Reclamation on an 80-acre parcel to the north of the existing PWRF site. The City is in the process of obtaining fee title for this site and anticipates transfer of ownership in September 2023. V.DISCUSSION: As part of a competitive formal bidding process, the City solicited sealed public bids for the PWRF Phase 2 Winter Storage project beginning June 2, 2023. Bids for the project were received electronically and opened at 2:00 PM on Page 140 of 169 August 4, 2023, at Pasco City Hall. A total of four (4) sealed bids were received. The lowest apparent bid was submitted by Tapani, Inc. of Battle Ground, Washington, in the amount of $31,588,246.92, including Washington State Sales Tax. The Engineer's Estimate for the project is $ 45,407,761.73. Tapani, Inc. was deemed to be a responsive and responsible bidder. Bid Tabulation: Tapani, Inc.$ 31,588,246.92 Rotschy, Inc.$ 33,065,684.21 Apollo, Inc.$ 37,808,731.70 Goodfellow Bros LLC $ 38,623,049.00 City staff and the City’s Consultant reviewed Tapani's bid submittal and finds no exceptions or irregularities. City staff recommends award of the bid by resolution to Tapani, Inc. of Battle Ground, Washington, in the amount of $31,588,246.92, including Washington State Sales Tax. As authorized by Resolution No. 4258, staff submitted an application to the State Fiscal Year 2024 Water Quality Combined Funding Program to finance the construction phase of the Project. The Project ranked No. 31 on the State Fiscal Year 2024 Final Water Quality Funding Offer List. The City is currently negotiating the contract for the low interest Revolving Fund Standard Loan to fund the construction phase. When the loan documents are finalized, staff will return to ask Council to amend the 2023-2024 Biennial Capital Projects Budget to reflect the total construction loan amount for the Project. FCS Group has been engaged to perform a cost of service rate study to evaluate food the from requirements revenue and PWRF needed rate processors. This work has been ongoing for many months and has been done with direct coordination with the food processors. The cost of service rate study, which is the basis for each processors wastewater treatment agreement (WTA), includes regular cost elements such as operational costs, debt service, rate funded capital, and required debt service coverage. As such, included in the rate study are the financial impacts of the debt issuance for the subject Phase 2 project. Also included in the rate study are the additional capital and operational costs associated with the Phase 3 LRAD/RNG/RAB project currently under construction as well as the completed Phase 1 (potable water/electrical upgrades) project and the upcoming Phase 4 (farm irrigation system upgrade) project. Council's approval of the WTAs, which will be based on the rate study, and forthcoming municipal code amendments will be necessary to ensure sufficient Page 141 of 169 fund revenue requirements from the processors. Page 142 of 169 Ordinance – 2023 – 2024 Biennial Capital Projects Budget Amendment - 1 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE 2023-2024 BIENNIAL CAPITAL PROJECTS BUDGET (ORDINANCE NO. 4620) OF THE CITY OF PASCO, WASHINGTON, BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S PROCESS WATER REUSE FACILITY UTILITY FUND. WHEREAS, on November 28, 2022, the Pasco City Council approved Ordinance No. 4620, adopting the 2023-2024 Biennial Capital Projects Budget; and WHEREAS, the 2023-2024 Biennial Capital Projects Budget included the Process Water Reuse Facility (PWRF) Phase 2 Winter Storage Project (Project) in the amount of $29,300,000; and WHEREAS, the City of Pasco submitted a funding application in 2022 to the State Fiscal Year 2024 Water Quality Combined Funding Program for the Project; and WHEREAS, the Project ranked No. 31 on the State Fiscal Year 2024 Final Water Quality Funding Offer List and Intended Use Plan Draft Combined Summary List; and WHEREAS, the City is currently negotiating the contract specifics with the Department of Ecology for a Clean Water State Revolving Fund Standard Loan in the amount of $52,267,352 to fund the Project; and WHEREAS, in acknowledgment of the anticipated offered funding, the City desires the 2023-2024 Biennial Capital Projects Budget to reflect the total construction costs of the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.200(1)(d), as follows: Fund EXPENDITURE REVENUE PWRF Utility Fund $22,967,352 $22,967,352 Total $22,967,352 $22,967,352 Page 143 of 169 Ordinance – 2023 – 2024 Biennial Capital Projects Budget Amendment - 2 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above, and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4620 as previously adopted heretofore shall remain unchanged. Section 4. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of Ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _________ 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 144 of 169 Resolution PWRF Phase 2 Winter Storage Bid Award - 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AWARDING BID NO. 21298, THE PROCESS WATER REUSE FACILITY PHASE 2: WINTER STORAGE PROJECT, TO TAPANI, INC. OF BATTLE GROUND, WASHINGTON. WHEREAS, the City of Pasco (City) has an identified capital improvement public works project described as the Process Water Reuse Facility (PWRF) Phase 2: Winter Storage Project ; and WHEREAS, the City solicited sealed public bids for this capital improvement public works project, identified as Bid No. 21298, PWRF Phase 2: Winter Storage Project beginning June 2, 2023; and WHEREAS, on August 4, 2023, at 2:00 p.m., four (4) bids were received and opened by the City; and WHEREAS, the low bid was from Tapani, Inc. of Battle Ground, Washington, in the amount of $31,588,246.92, including Washington State Sales Tax, and the Engineer’s Construction Cost Estimate was $45,488,837.00, including Washington State Sales Tax; and WHEREAS, the bid documentations were reviewed, and the lowest bidder was determined to be responsible and responsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City hereby awards the construction contract for Bid No. 21298, PWRF Phase 2: Winter Storage, to Tapani, Inc. of Battle Ground, Washington, in the amount of $31,588,246.92, including Washington State Sales Tax and further authorizes the City Manager to execute the contract documents; and Be It Further Resolved, that this Resolution shall take effect and be in full force immediately upon passage by the City Council. PASSED by the City Council of the City of Pasco, Washington this 21st day of August, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 145 of 169 DRAWING IS FULL SCALE WHEN BAR MEASURES 1” Vicinity MapN This map is a graphic representation derived from the City of Pasco Geographic Information System. It was designed and intended for City of Pasco staff use only; it is not guaranteed to survey accuracy. This map is based on the best information available on the date shown on this map. Any reproduction or sale of this map, or portions thereof, is prohibited without express written authorization by the City of Pasco. This material is owned and copyrighted by the City of Pasco. 0 1,000 2,000500 Feet J:\DATA\PSC\21-0236\06 AGENCY\CITY\FIGURES\FIG1_PROJECT_PHASING_MAP.PDF BY: NBLOXTON PLOT DATE: JUL 5, 2023 COORDINATE SYSTEM: NAD 1983 HARN STATEPLANE WASHINGTON SOUTH FIPS 4602 FEET Figure 1 City of PascoCity of Pasco Project Footprint and Phasing Map Process Water Reuse Facility ImprovementsProcess Water Reuse Facility Improvements 1 inch : 2,000 feet E V i n e y a r d D r NFeedLotRdN F e e d L o t R d F e e d L o t R d E F o s t e r W e l l s R d NCapitolAveBlasdelRdE F o s t e r W e l l s R d Legend PWRF Improvements Project Footprint PWRF Improvements Project Haul Routes PWRF Phase 1 Project Alignment PWRF Phase 2 Project Footprint PWRF Phase 3 Project Footprint PWRF Future Expansion Project Footprint Parcels USA BUREAU OF RECLAMATION 113090058 CITY OF PASCO 113090086 CITY OF PASCO 113090087 USA 113090058 USA 113140039 USA 124710054 USA 124710045 USA 113080014 CITY OF PASCO 113160017 CITY OF PASCO 113070025 BPA ROW Corridor Phase 2 Potential Haul Routes PWRF PHASE 2 WINTER STORAGE VICINITY MAP SITE FILL SITE FILL SITE Page 146 of 169 AGENDA REPORT FOR: City Council August 15, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM: Steve Worley, Public Works Director Public Works SUBJECT: Ordinance No. 4677 & Resolution No. 4366 - Budget Adjustment & Bid Award for GESA Stadium Improvements I. REFERENCE(S): Ordinance Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4677, amending the 2023 -2024 Biennial Capital Projects Budget, by providing supplement thereto; to provide additional appropriation in the City's stadium fund and, further, authorize publication by summary only. MOTION: I move to approve Resolution No. 4366, awarding Bid No. 19-997 for the GESA ImprovementsStadium Kennewick of Inc. Apollo project to Washington; and further authorize the City manager to execute the contract documents and allowing all necessary budget adjustments. III. FISCAL IMPACT: Proposed contract award: $1,705,265.10 Proposed Budget amendment: $1,109,000.00 Project Revenue: Adopted Budget Requested Budget Amendment Total Estimated Project Cost Stadium Fund (fund 195): $991,104.00 $1,109,000.00 $2,100,104.00 A total budget amendment in the amount of $1,109,000.00 is requested to provide full funding for the project, accounting for construction, construction Page 147 of 169 administration, and contingency. The City is in the process of issuing a general obligation bond to support the budget amendment. When the bonds are issued, the budget will be amended to increase both revenue and expense appropriation levels. Estimated Project Costs Engineering and Design $154,859.00 Construction Contract (Incl. Sales tax) $1,705,265.10 Construction Administration, inspections, & testing $239,979.90 Total EXPENSES: $2,100,104.00 IV. HISTORY AND FACTS BRIEF: As part of a long-term project to improve GESA Stadium, City staff worked with the Tri-Cities Dust Devils and Major League Baseball to identify improvements to the stadium to improve both player and fan experience. In 2019, fan seating and lighting upgrades were completed. In 2021 new batting cages were installed. In order to satisfy the standards for Minor League Baseball (MLB) Parks and preserve the presence of the Dust Devils team in the community, the proposed project consists of remodeling of the home team's and visiting team's clubhouses and the expansion of the home team's and visiting team's locker rooms. The project scope accounts for furnishing of all labor, materials, and equipment necessary for the remodeling and expansion of existing facilities. V. DISCUSSION: The bid for this project was divided into three parts; a Base bid, Bid alternate #1 and Bid alternate #2. A description of these three parts are as follows: Base Bid • Installation of a new fire line and fire sprinklers in both home team and visiting team clubhouses. • Expansion of the home team locker room and construction of a new visiting team locker room. • Renovating the current home team locker room into the training room. • Renovating the home team training room into a cafeteria area. • Renovating the home and visiting teams field managers offices. • Relocating and installing new HVAC and electrical in the renovated and expanded spaces. Page 148 of 169 Bid alternate #1 • Painting all existing painted surfaces in the home team and visiting team club houses. Bid alternate #2 • Installing new acoustical tiles in the home team and visiting team club houses. The project was originally advertised for bids in October 2022, and no bids were received. City staff worked with the design architect to repackage the bid and provide prospective bidders with an opportunity to tour the facility. The project was re-advertised for bids on July 7, 2023. On August 3, 2023 Bids were publicly opened. A total of six (6) bids were received. The lowest responsible bidder was Apollo Inc. of Kennewick, WA in the amount of $1,705,265.10. The engineer's estimate range was $1,900,000.00 to 2,200,000.00. Staff recommends award of the construction contract to Apollo Inc. of Kennewick, WA. Page 149 of 169 Ordinance – 2023 – 2024 Capital Projects Budget Amendment GESA Stadium Project - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE 2023-2024 BIENNIAL CAPITAL PROJECTS BUDGET (ORDINANCE NO. 4620), BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S STADIUM FUND. WHEREAS, on November 28, 2022, the Pasco City Council approved Ordinance No. 4620, adopting the 2023-2024 Biennial Capital Projects Budget; and WHEREAS, the 2023-2024 Biennial Capital Projects Budget included the GESA Stadium Refurbishment Project, also known as the GESA Stadium Improvements, in the amount of $991,104.00 for improvements to the GESA Stadium to improve both player and fan experience and satisfy the standards for minor league baseball parks; and WHEREAS, currently estimated project costs exceed the originally anticipated costs, due to market conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.200(3), the 2023-2024 Biennial Budget be and the same is hereby amended to provide for the following adjustments to revenues, transfers in, expenditures, and transfers out by providing authority for any necessary transfer of money within or between funds indicated, and their subsequent impact to end fund balance: as follows: Fund EXPENDITURE REVENUE Stadium Fund $1,109,000.00 Construction Fund $1,109,000.00 Total $1,109,000.00 $1,109,000.00 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above, and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No.4620 as previously adopted heretofore shall remain unchanged. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Page 150 of 169 Ordinance – 2023 – 2024 Capital Projects Budget Amendment GESA Stadium Project - 2 Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of ______, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 151 of 169 Resolution – GESA Stadium Bid Award - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AWARDING BID NO. 19997 FOR THE GESA STADIUM IMPROVEMENTS PROJECT TO APOLLO INC. OF KENNEWICK, WASHINGTON; AND FURTHER AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS AND ALLOWING ALL NECESSARY BUDGET ADJUSTMENTS. WHEREAS, the City of Pasco (City) has an identified capital improvements project described as the GESA Stadium Improvements project: and WHEREAS, this project includes expansion and remodel of the GESA Stadium home team and visiting team clubhouses, locker rooms, office areas, hallways, training rooms, dining areas, laundry areas, storage areas, the installation of a new fire line, and other work indicated in the contract documents; and WHEREAS, the City solicited sealed public bids for this project, identified as the GESA Stadium improvements project; and WHEREAS, on August 3, 2023, at 2:00 p.m., six (6) bids were received and opened by the City; and WHEREAS, the lowest responsive bidder was Apollo Inc. with a base bid of $1,671,070.00, bid alternate No. 1 for $17,424.00, and bid alternate No. 2 for $16,770.60 for a total of $1,705,265.10, including Washington State Sales Tax, the Engineer’s Estimate, Range was $1,900,000.00 to $2,200,000.00; and WHEREAS, the bid documentation was reviewed, and the bidder was determined to be responsible and responsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City hereby awards the GESA Stadium improvements project to Apollo Inc. of Kennewick, Washington in the amount of $1,705,265.10 including both alternates and Washington State Sales Tax; and further authorizes the City Manager to execute the contract documents. Be It Further Resolved, that this Resolution shall take effect and be in full force immediately. Page 152 of 169 Resolution – GESA Stadium Bid Award - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 153 of 169 AGENDA REPORT FOR: City Council August 2, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM: Steve Worley, Director Public Works SUBJECT: Ordinance No. 4676 & Resolution No.4365 - Budget Adjustment and Bid Award - Broadmoor Area Utility Improvements – Phase 1B I. REFERENCE(S): Ordinance Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4676, amending the 2023 -2024 Biennial Budget (Ordinance No. 4620) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Water/Sewer/Irrigation Utility Funds for the construction of Broadmoor Area Utility Improvements - Phase 1B project and, further, authorize publication by summary only. MOTION: I move to approve Resolution No. 4365, awarding Bid No. 22377 -1B for the Broadmoor Area Utility Improvements – Phase 1B project to Goodman & Mehlenbacher Enterprises, Inc. of Kennewick, Washington; and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. III. FISCAL IMPACT: Construction Contract: $4,499,476.43 The Sewer Fund has existing capital connection fee revenue reserves available to fund their portion of the budget. Revenue bond debt is in the process of being issued to provide cash flow to support project expenses for the other utilities. Typically, debt service for bonds is paid by rate revenues. Creation of Developer Latecomer Agreements are anticipated. This available cost recovery mechanism will serve to offset need for rate or connection fee revenue use for debt service payments. Page 154 of 169 A total budget amendment in the amount of $7,100,000 is necessary to cover construction and construction management/administration costs for this project. The proposed ordinance includes the following amendments to the project budget: • Sewer Fund (Fund 450) for $1,000,000.00 • Water Fund (Fund 411) for $3,300,000.00 • Stormwater Fund (Fund 470) for 1,400,000.00 • Irrigation Fund (Fund 420) for $1,400,000.00 IV. HISTORY AND FACTS BRIEF: The Broadmoor area has the opportunity, if developed properly, to serve as a significant economic engine for the Pasco community providing for increased tax revenues employment provide and significant City support to services opportunities for the residents of Pasco. In addition to the economic stimulus, the development of the Broadmoor area will provide the necessary residential units to meet the demands of the population growth projected for the area by the State of Washington. Council adopted Ordinance No. 4618, on October 31, 2022, designating a specific Tax Increment Finance (TIF) area of approximately 671 acres in the Broadmoor area. While the subject utility improvements fall within the scope of allowable Ordinance No.of as Section by defined work 4 staff 4618, with and rates utility improvements recommends these for paying utility reimbursement associated with a Developer Latecomer Agreement. This allows more Broadmoor Area TIF funds to be used for the remaining proposed infrastructure improvements. The Broadmoor Area Utility Improvements – Phase 1B project is the second project multia of -infrastructure key make to phased project planned improvements necessary to promote development in this area. V. DISCUSSION: The Phase 1 A project provided rough grading for the alignments of Road 108, Sandifur Parkway and a utility corridor, in anticipation of the construction of utilities and roadways, in subsequent phases. The property owner has dedicated the necessary rights -of-way and a utility easement necessary for this utility project. Large diameter pipe acquisition is still experiencing longer lead times. Notice to proceed will be issued after materials have been acquired. Page 155 of 169 Broadmoor Area Utility Improvements – Phase 1B project was advertised for bids on June 16, 2023, and June 23, 2023, respectively. On July 11, 2023, a public bid opening was held at 2:00 PM. A total of Eight (8) bids were received; of which one was deemed non-responsive. The lowest responsible, responsive bidder is Goodman & Mehlenbacher Enterprises, Inc. Kennewick, WA in the amount of $4.499.476.43. The Engineer's Estimate is $7,161,452.95. The seven (7) responsive bids are detailed below. Bid Tabulation Goodman & Mehlenbacher Enterprises, Inc. $4,499,476.43 Culbert Construction $4,686,754.96 Rotschy Inc. $4,853,735.67 Sharpe and Preszler $5,052,275.80 Premier Excavation $5,427,307.16 Tapani $5,517,871.55 DW Excavating $7,238,418.21 The Engineer of Record, PBS Engineering & Environmental Incorpo rated, and City staff completed the review of the bid submittal, and no exemptions or irregularities were found. Area Broadmoor for contract recommends of award Utility Staff the Improvements – Phase 1B project to Goodman & Mehlenbacher Enterprises, Inc. Kennewick, WA. Page 156 of 169 Ordinance – 2023-2024 Operating Budget Amendment 22 377 Broadmoor TIF – Utility Package Phase 1B - 1 ORDINANCE NO. ____ AN ORDINANCE AMENDING THE 2023-2024 BIENNIAL BUDGET (ORDINANCE NO. 4620) OF THE CITY OF PASCO, WASHINGTON, BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S WATER/SEWER/STORMWATER/ IRRIGATION UTILITY FUNDS FOR THE CONSTRUCTION OF BROADMOOR AREA TAX INCREMENT FINANCING IMPROVEMENTS – UTILITY PACKAGE PHASE 1B PROJECT. WHEREAS, on November 28, 2022, the Pasco City Council approved Ordinance No. 4620, adopting the 2023-2024 Biennial Budget; and WHEREAS, on October 31, 2022, City Council established a Tax Increment Financing (TIF) area to support infrastructure improvements including streets/roads, streetlights and other improvements; interchange improvements at I-182 and Road 100; and needed water and sewer improvements; and WHEREAS, the development of the 2022-2028 Capital Improvement Plan (CIP) was developed earlier than TIF area in 2022; and WHEREAS, the 2023-2024 Biennial Budget was developed based on the CIP and under the understanding TIF revenues would be used for all infrastructure to be designed and built by the City within the TIF area; and WHEREAS, the CIP and the Biennial Budget included roadway improvements in the Broadmoor Area in the amount of $29,307,500 with revenue anticipated from the Broadmoor TIF; and WHEREAS, the utility components of the Broadmoor TIF Area Improvements project were not identified within the respective utility funds in the Biennial Budget; and WHEREAS, utility fund allocations are proposed to cover construction costs in 2023 through 2024 for the Broadmoor TIF Area Improvements – Phase 1B (Utility Package) project. WHEREAS, all utility projects in the Broadmoor Area Improvements – Phase 1B are anticipated to be funded by 2023 bond proceeds, except the Sewer Utility Portion that will be funded by existing connection fee revenues, revenue budget will be adjusted with bond proceed receipt, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.200(3), the 2023-2024 Biennial Budget be and the same is hereby amended to provide for the following adjustments to revenues, transfers in, Page 157 of 169 Ordinance – 2023-2024 Operating Budget Amendment 22 377 Broadmoor TIF – Utility Package Phase 1B - 2 expenditures, and transfers out by providing authority for any necessary transfer of money within or between funds indicated, and their subsequent impact to end fund balance: FUND EXPENDITURE BUDGET END FUND BALANCE Water Utility Fund – Capital Budget $3,300,000 Sewer Utility Fund – Capital Budget $1,000,000 Stormwater Utility Fund – Capital Budget $1,400,000 Irrigation Utility Fund – Capital Budget $1,400,000 Utilities’ Ending Fund Balance $7,100,000 TOTAL $7,100,000 $7,100,000 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above, and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4620 as previously adopted heretofore shall remain unchanged. Section 4. Severability. If any one or more section, subsection, or sentence of this Ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this Ordinance, including the correction of scrivener’s errors, drafting errors, clerical errors; Ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. Page 158 of 169 Ordinance – 2023-2024 Operating Budget Amendment 22 377 Broadmoor TIF – Utility Package Phase 1B - 3 Section 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 159 of 169 Resolution – Bid Award - Broadmoor Area TIF Improvements Utility Package Phase 1B Project - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AWARDING BID NO. 22337 – 1B FOR THE BROADMOOR AREA TAX INCREMENT FINANCING IMPROVEMENTS – PHASE 1B PROJECT TO GOODMAN & MEHLENBACHER ENTERPRISES, INC. OF KENNEWICK, WASHINGTON; AND FURTHER, AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS AND ALLOWING ALL NECESSARY BUDGET ADJUSTMENTS. WHEREAS, the City of Pasco Council has approved the formation of a Tax Increment Financing (TIF) district in the Broadmoor area as a funding mechanism for key infrastructure to encourage orderly economic development; and WHEREAS, the City of Pasco’s approved Six-Year Capital Improvement Plan (CIP) identified multiple projects in the Broadmoor Area; and WHEREAS, the Broadmoor Area Tax Increment Financing (TIF) Improvements – Utility Package Phase 1B Project is encompassed by several projects listed in the Six-Year CIP; and WHEREAS, this project will be funded through tax increment financing and utility rates; and WHEREAS, this project involves the installation of water, sewer, irrigation, and storm water utilities in the Sandifur Parkway and Road 108 rights-of-way, as well as the installation of the water transmission main in an easement aligning with Road 103; and WHEREAS, the City solicited sealed public bids for this project, identified as the Broadmoor Area Tax Increment Financing (TIF) Improvements – Utility Package Phase 1B Project; and WHEREAS, on July 11, 2023, at 2:00 p.m., eight (8) bids were received and opened by the City, of which one was deemed non-responsive; and WHEREAS, the lowest responsive bidder was Goodman & Mehlenbacher Enterprises, Inc. with a bid of $4,499,476.00, the Engineer’s Estimate was $7,161,452.95; and WHEREAS, the bid documentation was reviewed, and the lowest bidder was determined to be responsible and responsive. Page 160 of 169 Resolution – Bid Award - Broadmoor Area TIF Improvements Utility Package Phase 1B Project - 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City hereby awards the Broadmoor Area Tax Increment Financing (TIF) Improvements – Utility Package Phase 1B Project to Goodman & Mehlenbacher Enterprises, Inc., Kennewick, Washington, in the amount of $4,449,476.00; and Be It Further Resolved that this Resolution shall take effect and be in full force immediately upon passage by the City Council. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of August, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 161 of 169 AGENDA REPORT FOR: City Council August 16, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/21/23 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: HAPO Center Update I. REFERENCE(S): Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On January 31, 1994, City Council approved Resolution No. 2109, where it was determined that it is in the best interests of the citizens of the City to join with the County in providing for the financing, acquisition, and operation of the HAPO Center (then called TRAC). On May 24, 1994, Franklin County and the City entered into an Interlocal Cooperation Agreement (ILA) for the acquisition, construction, installation, addition, improvements, replacement, repairs, maintenance, operation, and regulation of the HAPO Center. It was also deemed that not all of the land would be used for the HAPO Center and hence the City and the County entered into a lease agreement so that the City could build the sports fields on the land. On December 16, 2014, an amendment to the ILA was established. The amendment determined that each party would pay 50% of any operating costs that exceed Revenues from the operation of the HAPO Center in any calendar year. This ILA expires on May 24, 2024. V. DISCUSSION: Page 162 of 169 Staff will present of the current state of the facility and partnership with Franklin County. Page 163 of 169 HAPO Center UpdatePage 164 of 169 History ❖1994 - Franklin County and City of Pasco enter an interlocal agreement for financing, acquisition, and operation of the HAPO Center (TRAC). ❖Sports fields were leased to the City. ❖Expires on 5/24/2024. ❖2014 – Amendment to the interlocal agreement was established. ❖Each party pays 50% of any operating costs exceeding revenues. (Average $188,000 annually) ❖Franklin County Commissioners have legislative authority over the facility.Page 165 of 169 Current ❖Environmental assessment of the facility by Franklin County. Pasco is awaiting the assessment report. ❖Allocation of County’s ARPA funds $6 million for partial HVAC upgrades. ❖New firm selected for management of the venue. ❖County and City will be partnering to conduct additional assessment of the facility.Page 166 of 169 Future ❖New management performance. ❖Result of the additional assessment. ❖Future of partnership post 2024.Page 167 of 169 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure including, but not limited to: • Completion of Transportation System Master Plan and design standard updates to promote greater neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.; connectivity, walkability, aesthetics, sustainability, and community gathering spaces. • Completion of the Parks, Recreation and Open Space Plan and development of an implementation strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address the needs of the growing population. FINANCIAL SUSTAINABILITY Enhance the long-term viability, value, and service levels of services and programs, including, but not limited to: • Adopting policies and strategic investment standards to assure consistency of long-range planning to include update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new development, e.g.; schools, traffic, parks, and fire. COMMUNITY TRANSPORTATION NETWORK Promote a highly functional multi-modal transportation system including, but not limited to: • Application of the adopted Transportation System Master Plan including development of policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal systems, accessibility, efficiency, and safety. COMMUNITY SAFETY Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment including, but not limited to: • Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the current Washington State Rating Bureau Class 3 community rating. • Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance with legislative mandates. ECONOMIC VITALITY Promote and encourage economic vitality including, but not limited to: • Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. • Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use Plan such as Downtown and Broadmoor Master Plans. • Development of an Economic Development Plan, including revitalization efforts. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion, and image including, but not limited to: • Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities to further inclusivity, community engagement, and inter-agency and constituent coordination efforts. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events within the community. Page 168 of 169 CALIDAD DE VIDA Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a: • Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones comunitarias. • Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de implementación para mejorar tales servicios justamente a lo largo de la comunidad. • Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las necesidades del aumento en la población. SOSTENIBIILIDAD FINANCIERA Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no limitado a: • Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios. RED DE TRANSPORTACION COMUNITARIA Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a: • Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas, y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. SEGURIDAD COMUNITARIA Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo incluyendo, pero no limitado a: • Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de Washington. • Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud mental, el uso de programas para navegar los recursos, y otros esfuerzos. • Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el control de crímenes, y el cumplimiento con los mandatos legislativos. VITALIDAD ECONOMICA Promover y fomentar vitalidad económica incluyendo, pero no limitado a: • Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los estándares. • Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a los Planes del Centro y de Broadmoor. • Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no limitado a: • Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de coordinación de los constituyentes. • Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro de la comunidad. Page 169 of 169