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HomeMy WebLinkAbout2024.03.04 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, March 4, 2024 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 (914) 614-3221 and use access code 347-125-017. 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 - 19 (a) Approval of Meeting Minutes for February 20th, 26th and 29th To approve the minutes of the Pasco City Council Regular Meeting held on February 20, 2024, the Regular Workshop held on February 26, 2024, and Community Listening Session held on February 29, 2024. 20 - 22 (b) Bills and Communications - Approving Claims in the Total Page 1 of 268 Amount of $3,616,476.76 and Write-off Totaling $ 29,549.00 (delinquent bad debt $29,549.00) To approve claims in the total amount of $3,616,476.76 ($2,935,543.67 in Check Nos. 262071 - 262338; $107,707.59 in Electronic Transfer Nos.844851 - 845124, 845141 - 845214, 845251: $25,138.77 in Check Nos. 46494 - 46516; $548,086.73 in Electronic Transfer Nos. 30066369 - 30068827). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $29,549.00 and, of that amount, authorize $29,549.00 to be turned over for collection. 23 - 82 (c) Resolution No. 4424 - Approval of Ecology Loan #WQC-2024- Pasco-00007 for Construction of WWTP Phase 2 Improvements To approve Resolution No. 4424, authorizing execution of the $26.3M Loan Agreement with The Department of Ecology for the Construction of the Waste Water Treatment Plant (WWTP) Improvements Phase 2 Project. 83 - 133 (d) Resolution No. 4425 - Approval of Ecology Loan #WQC-2024- Pasco-00091 for Construction of PWRF Phase 2 Improvements To approve Resolution No. 4425, authorizing execution of the $35M Loan Agreement with The Department of Ecology for the Process Water Reuse Facility Phase 2 Improvements. 134 - 158 (e) Resolution No.4426 - Ratification of Acquisition of USBR Parcel No. 113140039 To approve Resolution No. 4426, ratifying the purchase of land from the United States Department of the Interior Bureau of Reclamation (USBR) via contract no. 23-07-166-L6625 for parcel no. 113140039. 159 - 172 (f) Resolution No. 4427 - Sole Source for Caustic Soda Purchase To approve Resolution No. 4427, waiving the competitive bidding requirements and approving the purchase of Sodium Hydroxide 50% Solution (Caustic Soda) from Northstar Chemical, Inc. for the City of Pasco Wastewater Treatment Plant. 173 - 197 (g) Resolution No. 4428 - Supplement No. 1 with HDR, Inc. for Sylvester Street Safety Improvements To approve Resolution No. 4428, authorizing the City Manager to execute Supplemental No. 1 with HDR Engineering, Inc., for construction management support services for the Sylvester Street Safety Improvements project. Page 2 of 268 198 - 224 (h) Resolution No. 4429 - Purchase of Arizon Pool Air Dome System To approve Resolution No. 4429, authorizing the City Manager to execute and sign a purchase agreement with Arizona Structures Worldwide, LLC for the purchase of an Air Dome System for Memorial Pool. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 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 summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. Lastly, when called upon, please state your name and city or county residency into the microphone before providing your comments. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 225 - 255 (a) Ordinance No. 4708 & Resolution No. 4430 - Budget Amendment and Purchase Authorization for A Street Sports Complex Phase 1.5 - Sports Field Lighting MOTION: I move to adopt Ordnance No. 4708, amending the 2023- 2024 Biennial Capital Projects Budget (Ordnance No. 4620), By approving supplement thereto; to provide additional appropriation in the City's Park Development Fund, Community Park Division and, further, authorize publication by summary only. MOTION: I move to approve Resolution No. 4430, authorizing the City Manager to execute a purchase agreement with Musco Sports Lighting, LLC for the purchase and installation of field lighting at the A Street Sports Complex. Page 3 of 268 256 - 266 (b) Resolution No. 4431 - Setting a Public Hearing for Pasco School District No. 1 Orion High School Right-of-Way Vacation (VAC 2023-003) MOTION: I move to approve Resolution No. 4431, setting 7:00 p.m., Monday, April 1, 2024, as the time and date for a public hearing to consider the vacation of a portion of East Salt Lake Street right-of- way in Blocks 20 and 21 of Frey's Addition to Pasco, Washington, and waiving the requirements for an appraisal, title report, and payment of compensation. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. CLOSED SESSION (a) Discuss Collective Bargaining Unit Negotiations per RCW 42.30.140(4)(a) (5 minutes) 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 267 - 268 (b) Adopted Council Goals (Reference Only) 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 Page 4 of 268 business day's notice to the City Clerk to ensure availability.) Page 5 of 268 AGENDA REPORT FOR: City Council February 28, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 3/4/24 FROM: Debra Barham, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for February 20th, 26th and 29th I. REFERENCE(S): 02.20.2024, 02.26.2024, and 02.29.2024 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting held on February 20, 2024, the Regular Workshop held on February 26, 2024, and Community Listening Session held on February 29, 2024. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 268 MINUTES City Council Regular Meeting 7:00 PM - Tuesday, February 20, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers Attending Remotely: Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Bill Paramore, Police Captain; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for February 5th and February 12th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on February 5, 2024 and February 12, 2024 respectively. Bills and Communications - Approving Claims in the Total Amount of $11,263,823.62 To approve claims in the total amount of $11,236,823.62 ($10,035,973.51 in Check Nos.261560 - 262070; $6,107.65 in Check Nos.54652 -54656, 1,194,742.46 in Electronic Transfer Nos. 30203344 - 30204012). Page 1 of 8Page 7 of 268 Resolution No. 4419 - Project Acceptance for West Pasco Water Treatment Plant, Phase 1 Project To approve Resolution No. 4419, accepting work performed by Apollo, Inc. under contract for the West Pasco Water Treatment Plant Phase 1 Project. Resolution No. 4420 - Interlocal Agreement for Participation in the Benton- Franklin Council of Governments To approve Resolution No. 4420, authorizing an Interlocal Cooperation Agreement with the Benton-Franklin Council of Governments. Confirming Civil Service Commission/Personnel Board Reappointment of Ericka Garcia To confirm the City Manager's reappointment of Ericka Garcia to Position No. 3 on the Civil Service Commission/Personnel Board for a six-year term, from February 17, 2024, through February 17, 2030. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster to approve the Consent Agenda as read. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales PUBLIC COMMENTS Dallas Greene, Pasco resident, expressed opposition to the interlocal agreement for the Cable Bridge Lighting project. Also, he proposed pursuing the prosecution of the Downtown Pasco Development Authority (DPDA). Carl Holder, Pasco Downtown Business Owner, commented on the Downtown Pasco Development Authority (DPDA) and expressed support to retain the DPDA. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Ms. Blasdel reported on the Council District No. 1 Community Meeting hosted by the Pasco Police Department, the Fur Babies with Fuzz event located at the Tri- Cities Animal Control Animal Shelter, the Council District No. 2 Business Meeting (hosted by Pasco Police Department), and the Pasco Public Facilities District Board meeting. Mr. Grimm reported on the recent Tierra Vida Ribbon Cutting event, the Benton Page 2 of 8Page 8 of 268 Franklin Council of Governments (BFCOG) meeting and the swearing in of three new Pasco Police Officers. Mr. Harpster reported on the recent TRIDEC Annual Economic Outlook luncheon meeting and a meeting with a resident, Mayor Pro Tem Milne and other City staff regarding speeding vehicles on the west end of Court Street. Ms. Barajas reported on the Tierra Veda ribbon cutting event and the Colima - Pasco (COPA) Board Meeting. Mayor Pro Tem Milne also commented on the meeting held at Mr. Greene's residence regarding vehicles speeding along the west end of Court Street. Mayor Serrano reported on the Lodging Tax Advisory Committee meeting he recently attended. He commented on the recent Solid Waste Advisory Committee meeting. He commented on his recent trip to Olympia, WA noting that there is potential funding for the HAPO Center's HVAC system. Lastly, he commented on the recent send off for the Chiawana High School Wrestling Team who placed second in the State. Japanese Beetle Eradication Program Presentation Ms. Pashon introduced Camilo Acosta, Japanese Beetle Eradication Coordinator with the Washington State Department of Agriculture who provided a presentation on the eradication program of the Japanese Beetle. Council and Mr. Acosta continued to discuss what the Japanese Beetle destroys in its larva stage, the pesticide that is used to kill the beetles, the beetle traps, the focus areas are mainly the on turf areas, possibility of treating property where beetles are not detected. 2023 Community Survey Highlights Presentation Ms. Pashon provided a report on the 2023 Community Survey results. Mr. Harpster noted that the customer service has come up 20 percent in the past few years. He also commented on a homelessness slide and the percentage of the number of completed surveys compared to the population base. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4705 - Kelly Rezone from RS-12 to R-1 (Z 2023-009) Mr. Gonzalez provided a brief report for the proposed rezone. Mayor Serrano announced that the proposed rezone was a quasi-judicial action and asked Mr. Ferguson to explain the procedure for quasi-judicial items. Page 3 of 8Page 9 of 268 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. Mr. Harpster disclosed that his business involves land development; however, he does not know the applicant, property owners or the proposed development. Mr. Ferguson asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to adopt Ordinance No. 4705, amending the zoning classification of certain real property located on the Westside of Road 76, between Ter Ray Court and Queen Bee Court, Pasco, Franklin County, Washington, from RS-12 (residential Suburban) to R-1 (Low-Density Residential), and further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Ordinance No. 4706 - Jankelson Rezone from RS-12 to R-4 (Z 2023-011) Mayor Serrano announced that the proposed 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. Mr. Gonzalez provided a brief report for the proposed rezone. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster to adopt Ordinance No. 4706, amending the zoning classification of certain real property located at Lots 1 and 2 of Short Plat 81-82, Pasco, Franklin County, Washington, from RS-12 (Residential Suburban) to R-4 (High-Density Residential) and further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Page 4 of 8Page 10 of 268 Ordinance No. 4707 - Welch Rezone from RS-12 to R-1 (Z 2023-013) Mayor Serrano announced that the proposed 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. Mr. Gonzalez provided a brief report for the proposed rezone. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster to adopt Ordinance No. 4707, amending the zoning classification of certain real property located on the Southside of W. Henry Street, between Road 44 and Road 42, Pasco, Franklin County, Washington, from RS-12 (Residential Suburban) to R-1 (Low-Density Residential), and further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Resolution No. 4421 - Change Orders Nos. 28-36 for the Lewis Street Overpass Project Ms. Serra introduced Michael Uhlman, PE, HLA Project Manager who provided a brief report on the proposed Lewis Street Overpass project change orders. Council, Ms. Serra and Mr. Uhlman held a brief discussion regarding the project's change orders and the various funding sources for this project. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster to approve Resolution No. 4421, authorizing the City Manager to execute Change Orders Nos. 28-36 to the construction contract with Cascade Bridge, LLC. for the Lewis Street Overpass Project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Page 5 of 8Page 11 of 268 Resolution No. 4422 - Interlocal Agreement - Cable Bridge LED Lighting System Ms. Sigdel provided a brief recap of the report presented to Council at their February 12th Workshop and provided additional information based on the discussion at the Workshop. She noted that Mr. Lewis, CEO and President from Visit Tri-Cities was in the audience and available to answer any questions. Council, Mr. Lewis and Ms. Sigdel discussed the proposal to update the lighting on the Cable Bridge. They discussed the fundraising efforts for the implementation of the lighting project. Mayor Serrano suggested that when the community committee is seeking funding for the project that the City and the other partners be reimbursed for the upfront costs associated with the proposed Interlocal Agreement. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to postpone this item to the March 4th Council meeting. RESULT: DEFEATED. 3-4 AYES: Mayor Pro Tem Milne, Councilmember Barajas, and Councilmember Blasdel NAYS: Mayor Serrano, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales MOTION: Councilmember Harpster moved, seconded by Mayor Pro Tem Milne to reject Resolution No. 4422. RESULT: DEFEATED. 2-5 AYES: Councilmember Grimm and Councilmember Harpster NAYS: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, and Councilmember Perales MOTION: Councilmember Barajas moved, seconded by Councilmember Blasdel to continue this item to April 1st Council Meeting. RESULT: Motion carried. 5-2 AYES: Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Harpster, and Councilmember Perales NAYS: Mayor Serrano and Councilmember Grimm Resolution No. 4423 - Interagency Agreement with the Washington Traffic Safety Commission for the Law Enforcement Liaison Program Police Lt. Decker provided a brief report on the proposed Interagency Agreement for the Law Enforcement Liaison Program. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel Page 6 of 8Page 12 of 268 to approve Resolution No. 4423, authorizing the City Manager to execute the interagency agreement between the Washington Traffic Safety Commission and the City of Pasco for the Law Enforcement Liaison program. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales MISCELLANEOUS DISCUSSION Mr. Gonzalez shared the recent groundbreaking event for Hayden Homes residential development for housing under the new housing codes with more affordable prices in the $300K range. He announced that the City has been invited to participate in a Regional Land Use Round table meeting with the Benton Franklin Council of Governments (BFCOG) organization. Mr. Rice commented on the Fur Babies with Fuzz event, noting that $1,000 donation from the owner of the Chevron Gas Station located at Court St and Road 38, which covered the first 20 pet adoptions. Mr. Perales mentioned Mr. Holder's public comments and suggested that Council meet with the former and current DPDA Board members. Also, he noted speeding issues in his Council District. Mr. Harpster commented on Paul Whitemarsh's letter related to trash and human waste issues close to Mr. Whitemarsh's residence. Mr. Lincoln commented on the issues surrounding Mr. Whitemarsh's letter and noted that both the Pasco Police Department and Code Enforcement were notified upon receipt of the letter. He stated that is is a much larger issue facing communities across the state and noted ways to help mitigate these types of situations. EXECUTIVE SESSION Council adjourned into Executive Session at 9:13 PM for 10 minutes returning at 9:41 PM to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, and City Attorney. Mayor Serrano called the meeting back to order at 9:42 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:42 PM. Page 7 of 8Page 13 of 268 PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 8 of 8Page 14 of 268 MINUTES City Council Workshop Meeting 7:00 PM - Monday, February 26, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by David Milne, Mayor Pro Tem. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: Pete Serrano (arrived virtually at 7:05 PM) Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mr. Perales reported that he and Mr. Grimm held the second Water Rights Subcommittee meeting recently and noted that they will meet with staff next. Mr. Harpster and Mayor Pro Tem Milne commented on the 2023 Employee Recognition Banquet. Mr. Grimm attended two meetings with Ms. Blasdel, which included the Pasco Chamber of Commerce Business Roundtable Breakfast and the Council District No. 2 Police Listening Session. Page 1 of 4Page 15 of 268 ITEMS FOR DISCUSSION COPA - Colima Visit Presentation Ms. Sigdel introduced Stephen McFadden, Port of Pasco's Economic Development Director, Colima-Pasco (COPA) Board Chair Silvia Gonzalez, COPA Board Vice Chair Blanche Barajas, and COPA Board Treasurer and Health & Wellness Committee Chair Carl Holder, COPA Education Committee Chair Ruben Peralta and the Arts & Culture Committee Chair Jose Iniguez. Ms. Gonzalez and Ms. Barajas provided a brief history of the COPA organization from its inception in 2019 through 2023. Mr. Iniguez, reported on the efforts of the Tri-Cities Rotary Clubs in conjunction of Rotary international Global Grants to support of medical clinics in Colima, Mexico. He also reported on the delegation of 60 from Tri-Cities and the Colville Indian Reservation when they visited the State of Colima, Mexico in November 2023. Mr. McFadden reported on economic development between Colima, Mexico and Pasco, Washington, including the goals and objectives related to the upcoming visit of a delegation from Colima in June 2024. Mr. Peralta reported on the Education Committee efforts between the University of Colima and WSU Tri-Cities and Pasco School District. Mr. Holder reported on COPA's Health and Wellness Committee activities. Mr. McFadden ended the presentation by reporting on the 2023 COPA Financial Report. During the presentation, Council asked the COPA members various questions, which were answered. Resolution - Purchase of Arizon Pool Air Dome System Mr. Rice provided a brief reported related to the proposed purchase of a pool dome for Memorial Park Pool. Council asked questions, which Mr. Rice answered and included:  Rental Fees for swim teams use  Potential of damage of the structure as it is removed and stored  Vandalism  Storage of dome  Snow load - Engineered to meet snow, wind and power outages  Suggestion of adding pads for Food Trucks surrounding the pool Mayor Serrano commented about the COPA presentation. He noted the pending funding request for the Cable Bridge Lighting and the funding request for COPA's Page 2 of 4Page 16 of 268 June 2024 Arts & Culture event. He recommended that Council discuss and prioritize these funding requests. Ordinance & Resolution - Budget Amendment and Purchase Authorization for A Street Sports Complex Phase 1.5 - Sports Field Lighting Mr. Rice provided a brief report related to purchasing sports field lighting for the A Street Sports Complex. Downtown Public Space Code Mr. Gonzalez introduced Hope Freije, Urban Designer with Framework consulting firm who presented the proposed amendments needed to the Pasco Municipal Code (PMC) to public spaces, outdoor dining and mobile vending that was identified in the Downtown Pasco Master Plan. Council and Mr. Gonzalez discussed the the proposed amendments to the PMC related to public spaces, outdoor dining and mobile vending options within the downtown area. Resolution - Supplement No. 1 to PSA with HDR, Inc. for Sylvester Street Safety Improvements Ms. Serra provided a brief report on the proposed construction management agreement with HDR, Inc. for the Sylvester Street safety improvements project. Resolution - Approval of Ecology Loan #WQC-2024-Pasco-00007 for Construction of WWTP Phase 2 Improvements Ms. Serra introduced Senior Engineer Whitfield who provided a brief report related to the request for a loan from the Washington State Department of Ecology for the construction of the Waste Water Treatment Plant Phase 2 Improvements project. Resolution - Approval of Ecology Loan #WQC-2024-Pasco-00091 for Construction of PWRF Phase 2 Improvements Senior Engineer Whitfield provided a brief report related to the request for a loan from the Washington State Department of Ecology for the construction of Process Water Reuse Facility Phase 2 improvements project. Resolution - Ratification of Acquisition of USBR Parcel No. 113140039 Ms. Serra explained the request to ratify the acquisition of the United States Bureau of Reclamation property. Resolution - Sole Source for Caustic Soda Purchase Ms. Serra introduced Senior Engineer Clarke provided a brief report on the proposed sole source purchase of Caustic Soda for the Wastewater Treatment Page 3 of 4Page 17 of 268 Plant. MISCELLANEOUS COUNCIL DISCUSSION Ms. Buckley announced the City received an AA2 bond rating from Moody's Investor Services related to the upcoming bond issuance for the East Urban Growth Area (UGA) Sewer Local Improvement District (LID) No. 152. Also, for the LID No. 152 Bond Anticipation Notes, a short-term debt, a rate of MIG 1 was assigned. This is the highest possible rating and denotes superior credit quality. ADJOURNMENT There being no further business, the meeting was adjourned at 9:22 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 4 of 4Page 18 of 268 MINUTES Community Listening Session 6:00 PM - Thursday, February 29, 2024 Leo Center, 3713 East A Street, Pasco, WA 99301 ATTENDANCE Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Staff present: Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Maria Serra, Interim Public Works Director; and Sara Matzen, Human Resources Director COMMUNITY LISTENING SESSION This was the second of two Community Listening Sessions, and a quorum of Council attended this session. Community members consisting of a mixture of residents, Pasco business owners and other members from governmental / community organizations provided input of their needs and wants for Pasco. Council will consider the information received from the recent Pasco Chamber of Commerce Business Roundtable and the two Community Listening Sessions when forming their two-year goals at an upcoming goal setting retreat scheduled in March 2024. ADJOURNMENT The community listening session concluded at 7:30 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 1 of 1Page 19 of 268 AGENDA REPORT FOR: City Council February 29, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 3/4/24 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $3,616,476.76 and Write-off Totaling $ 29,549.00 (delinquent bad debt $29,549.00) I. REFERENCE(S): Accounts Payable 02.29.24 Bad Debt Write-off/Collection II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,616,476.76 ($2,935,543.67 in Check Nos. 262071 - 262338; $107,707.59 in Electronic Transfer Nos.844851 - 845124, 845141 - 845214, 845251: $25,138.77 in Check Nos. 46494 - 46516; $548,086.73 in Electronic Transfer Nos. 30066369 - 30068827). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $29,549.00 and, of that amount, authorize $29,549.00 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 20 of 268 REPORTING PERIOD: March 4, 2024 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 262071 - 262338 46494 - 46516 Total Check Amount $2,935,543.67 $25,138.77 Total Checks 2,960,682.44$ Electronic Transfer Numbers 844851 - 845124 30066369 - 30066827 845141 - 845214 845251 Total EFT Amount $107,707.59 $548,086.73 $0.00 $0.00 Total EFTs 655,794.32$ Grand Total 3,616,476.76$ Councilmember 100 724,071.56 110 6,009.96 140 57,088.38 145 1,699.74 150 724.97 160 7,877.64 165 17,984.49 168 18,123.22 170 889.57 180 1,363.95 185 14.85 189 109.33 190 16,317.73 194 1,723.59 195 6.53 196 HOTEL/ MOTEL EXCISE TAX 15,134.80 367 287,038.20 410 1,762,808.70 510 44,596.28 690 652,893.27 GRAND TOTAL ALL FUNDS:3,616,476.76$ February 15 to February 28, 2024 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 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 4th Day of March, 2024 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 CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/ SEWER RIVERSHORE TRAIL & MARINA MAIN LITTER ABATEMENT REVOLVING ABATEMENT PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING GOVERNMENTAL Page 21 of 268 BAD DEBT WRITE-OFF/COLLECTION February 7, 2024 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs under $20 with no current forwarding address or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off amounts are a result of a reduction in charges due to DSHS and Medicare customers and eligibility; the law requires that the City accept assignment in these cases. 3. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 4. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 5. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Page 22 of 268 AGENDA REPORT FOR: City Council February 28, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 3/4/24 FROM: Maria Serra, Interim Director Public Works SUBJECT: Resolution No. 4424 - Approval of Ecology Loan #WQC-2024-Pasco- 00007 for Construction of WWTP Phase 2 Improvements I. REFERENCE(S): Resolution Loan Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4424, authorizing execution of the $26.3M Loan Agreement with The Department of Ecology for the Construction of the Waste Water Treatment Plant (WWTP) Improvements Phase 2 Project. III. FISCAL IMPACT: The City of Pasco (City) was awarded a $26.5M loan to fund full construction of the Wastewater Treatment Plant (WWTP) Phase 2 Improvements. The loan is administered by the Washington State Department of Ecology (Ecology) as part of their Water Quality Combined Funding program. The loan has a 20-year term with an effective interest rate of 1.2% (0.9% interest, 0.3% agency administration). IV. HISTORY AND FACTS BRIEF: The City is growing rapidly, and the demands on its sewer system are increasing with population growth and local industries. The City operates a single wastewater treatment facility to treat the City’s municipal sewer, prior to the treated water being discharged to the Columbia River. While the facility can accommodate current and short-term peak demands, treatment capacity must increase to meet the City’s 20-year planning projections and maintain an adequate level of treatment for compliance with regulations and adequate service to users. Page 23 of 268 In 2019, a Wastewater Treatment Plant (WWTP) facility plan was finalized describing the series of improvements required to accommodate flows over the next 20 years. The 2021 Comprehensive Sewer Plan Amendment confirmed that the Wastewater Treatment Plant (WWTP) will be required over the next 20 years to increase its Average Daily Flow capacity from 5.6 Million Gallons per day (MGD) to 12.39 MGD. The improvements to the WWTP identified in the facility plan will need to be implemented promptly to maintain compliance with the City’s National Pollutant Discharge Elimination System (NPDES) permit issued through Ecology. In September of 2022, Resolution No. 4248 was approved to authorize the City to apply for an Ecology low-interest loan through the Clean Water State Revolving Fund (CWSRF) program. The program provides low-interest wastewater municipal publicly-owned systems. to loans construction fund These loans cover capital improvements that enable municipalities to maintain compliance with municipal wastewater regulations. The City was selected as a recipient of the CWSRF 20-year construction loan for the WWTP Phase 2 Improvements project. The loan from Ecology will be used 2B Phase and 2A Phase the construction full the fund to of improvements, which include solids handling process upgrades, ultraviolet disinfection control systems, and electrical associated improvements, installation of a new 42-inch diameter outfall pipe within the Columbia River, and removal of the existing 24-inch diameter outfall pipe. Additional on-site includes agreement loan the within covered scope construction construction management and inspection services, plant commissioning, and any subsequent environmental permitting necessary to comply with federal loan administration requirements. V. DISCUSSION: This item was presented to Council at the February 26, 2024, Council Workshop meeting. Staff recommends approval of the low-interest loan agreement from the Washington State Department of Ecology CWSRF program for the construction of the WWTP Phase 2 Improvements project. Page 24 of 268 Resolution - Ecology Loan WQC-2024-Pasco-00007 - 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING EXECUTION OF THE $26.3M LOAN AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT (WWTP) IMPROVEMENTS PHASE 2 PROJECT. WHEREAS, the City of Pasco (City) owns and operates a Wastewater Treatment Plant (WWTP) that provides physical and biological treatment of the collected incoming wastewater prior to discharge of disinfected water to the Columbia River; and WHEREAS, the WWTP, originally constructed in 1954 and subsequently renovated in the 1970s, 1990s, 2000s, and 2010s, is in need of further upgrades, improvements, and modifications to provide capacity for the projected flows due to future growth identified in the 2019 WWTP Facility Plan; and WHEREAS, the proposed WWTP enhancements for Phases 2A and 2B include construction of a solids handling building with thickening and dewatering equipment, centrate pump station, intermediate clarifier upgrade (centrate storage tank), waste activated sludge pump system improvements, ultraviolet disinfection improvements, associated electrical and control systems, existing facility demolition, site work, installation of a new 42-inch diameter outfall pipe within the Columbia River, removal of the existing 24-inch diameter outfall pipe, associated riverbed restoration, and other appurtenances as necessary to complete the project; and WHEREAS, to finance these improvements, the City applied for and received a loan award from the Washington State Department of Ecology (Ecology) Water Quality Combined Funding Program - Fiscal Year 2024 Funding Cycle; and WHEREAS, the award is composed of a 20-year Clean Water State Revolving Fund (CWSRF) Standard Loan at a 1.2% interest rate; and WHEREAS, to make the Ecology loan funds available to the City, execution of an approved Loan Agreement is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council hereby authorizes the City Manager to execute the Loan Agreement with the Department of Ecology, 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. Be It Further Resolved, that this Resolution shall take effect immediately. Page 25 of 268 Resolution - Ecology Loan WQC-2024-Pasco-00007 - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _________, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 26 of 268 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements Agreement No. WQC-2024-Pasco-00007 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PASCO This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Pasco, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project improves water quality in the Columbia River through the construction of wastewater treatment facilities at the Pasco municipal Wastewater Treatment Plant (WWTP) in the City of Pasco. Benefits include, replacing aging infrastructure, improved plant performance, increased capacity, higher efficiency resulting in energy savings, and an increased outfall sized to accommodate future growth. Project Long Description: This project improves water quality in the Columbia River through the construction of wastewater treatment facilities at the Pasco municipal Wastewater Treatment Plant (WWTP) in the City of Pasco. Benefits include, replacing aging infrastructure, improved plant performance, increased capacity, higher efficiency resulting in energy savings, and an increased outfall sized to accommodate future growth. $26,475,055.00 $26,475,055.00 $26,475,055.00 $0.00 01/01/2023 12/31/2025 Wastewater Facility EXHIBIT A Page 27 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 2 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: This project is phase 2 of the municipal WWTP project plan and is split into two sub phases . Phase 2A includes upgrades to the thickening and dewatering system, and the UV system. These systems have reached the end of their useful life and need to be replaced to improve treatment, energy efficiency and improve the plants long term reliability . Phase 2B is the replacement of the in- water portion of the outfall. Based on the rate of growth, replacing the undersized outfall piping and multiport diffuser is necessary for the City of Pasco to accommodate the expected increase in flows . Restoration of permanent riparian buffer will be performed along the banks of the Columbia River within the project footprint. Additionally, measures will be taken to minimize impacts of the new outfall installation, including installing a layer of fish mix gravel on top of the in-water portions of the trench to increase ecological recovery of the riverbed post-construction. The existing outfall, including rip-rap armor rock cover and diffuser will be removed rather than being abandoned in place, and the disturbed areas will be covered with fish mix gravel. This will allow for the permanent ecological recovery the of the area impacted by the original outfall. Overall Goal: To improve water quality in the Columbia River through the construction of improvements to the City of Pasco 's municipal Wastewater Treatment Facility. The project will replace components of the plant that have exceeded their useful life and expand the facility to meet the projected demand for forecasted population growth. Template Version 12/10/2020 Page 28 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 3 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT INFORMATION Organization Name: Federal Tax ID: Mailing Address: Contacts Organization Email: Organization Fax: City of Pasco 91-6001264 PO Box 293 Pasco, WA 99301 worleys@pasco-wa.gov (509) 543-5728 Billing Contact Authorized Signatory Project Manager Maria Laura Serra Interim Public Works Director 525 N Third Ave Pasco, Washington 99301 Email: serram@pasco-wa.gov Phone: (509) 544-4125 Hollie Geiger Public Works Financial Analyst 525 N Third Ave Pasco, Washington 99301 Email: geigerh@pasco-wa.gov Phone: (509) 543-5738 Brittany Whitfield 525 N Third Ave Pasco, Washington 99301 Email: whitfieldb@pasco-wa.gov Phone: (509) 543-5738 Template Version 12/10/2020 Page 29 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 4 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Contacts ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Project Manager Financial Manager Technical Advisor Greg Dobb 4601 N Monroe Street Spokane, Washington 99205-1295 Email: GDOB461@ecy.wa.gov Phone: (509) 329-3440 Tammie McClure PO Box 47600 Olympia, Washington 98504-7600 Email: tmcc461@ecy.wa.gov Phone: (360) 628-4315 Diana Washington 4601 N Monroe Street Spokane, Washington 99205-1295 Email: DWAS461@ecy.wa.gov Phone: (509) 329-3519 Template Version 12/10/2020 Page 30 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 5 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:1 Task Cost: $10,000.00 Task Title:Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements . Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement , contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and two-page outcome summary report. * Properly maintained project documentation. Deliverables Grant and Loan Administration Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) Template Version 12/10/2020 Page 31 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 6 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:2 Task Cost: $14,226,917.00 Task Title:Project Construction Phase 2A Plant Improvements Task Description: A. The RECIPIENT will execute a contract with a contractor selected in compliance with state law . The RECIPIENT will include ECOLOGY’s specification insert in the contract documents . The RECIPIENT will submit Bid Tabs, the Notice of Award, and a copy of the executed contract before ECOLOGY will provide reimbursement for work performed under this task. B. The RECIPIENT will complete the construction in accordance with the approved Plans and Specifications . The construction project will include: a. New solids handling building b. Thickening and dewatering equipment c. Centrate pump station and storage tank d. WAS pump system improvements e. UV system improvements f. Programming and control services g. Carryover from phase 1; 42” pipe demolition and paving C. This project includes appropriate and approved mitigation measures necessary to offset clearly identified impacts and allow this water quality project to proceed. No alternative is available. The following specific mitigation work is included in the project scope: a. Monitoring plan b. Archaeological Monitor on site during ground disturbance D. As a condition of receiving this funding, the RECIPIENT will conduct an Investment Grade Efficiency Audit (IGEA). The RECIPIENT will review their energy use looking for cost effective energy savings . The recipient may also submit documentation of an energy efficiency review conducted within the last 5 years. E. The RECIPIENT will conduct a pre-construction conference and will invite ECOLOGY staff to the meeting . F. All mitigation measures committed to in documents developed in the SERP process , such as the environmental mitigation plan, environmental checklist, environmental report, SEPA environmental impact statement (EIS), the finding of no significant impact/environmental assessment, or record of decision/federal EIS will become revolving fund loan agreement conditions. All recipients of funding for water pollution control facility projects must comply with the SERP in accordance with WAC 173-98-720. Task Goal Statement: See overall goal. Task Expected Outcome: See overall goal. Template Version 12/10/2020 Page 32 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 7 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Deliverables Project Construction Phase 2A Plant Improvements Number Description Due Date 2.1 Documentation of the RECIPIENTS procurement process. 2.2 Documentation of project elements that meet the EPA green project reserve criteria. 2.3 Bid Tabs, the Notice of Award, and a copy of the executed construction contract. 2.4 Copy of the notice to proceed. 2.5 Minutes of the pre-construction meeting. 2.6 Certification that the asset management program (fiscal sustainability plan) has been developed and is being implemented. 2.7 Complete SERP EID. 2.8 Ecology Cultural Resources Review Form. 2.9 Inadvertent Discovery Plan (IDP). 2.10 Cultural Resource Monitoring Plan. Template Version 12/10/2020 Page 33 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 8 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:3 Task Cost: $6,796,558.00 Task Title:Project Construction Phase 2B Outfall Task Description: A. The RECIPIENT will execute a contract with a contractor selected in compliance with state law . The RECIPIENT will include ECOLOGY’s specification insert in the contract documents . The RECIPIENT will submit Bid Tabs, the Notice of Award, and a copy of the executed contract before ECOLOGY will provide reimbursement for work performed under this task. B. The RECIPIENT will complete the construction in accordance with the approved Plans and Specifications . The construction project will include: a. Approximately 1600 LF of new 42-inch outfall piping including upland and in water. b. New multiport diffuser c. Demolition of approximately 1250 LF of 24” existing outfall piping including upland and in water. C. The project includes the following items that meet the EPA green project reserve criteria : Green infrastructure; 1.2-7 Riparian buffer will be restored along the Columbia River within the project footprint . Fish mix gravel will be used to cap areas of in-water work. The existing outfall will be removed. D. This project includes appropriate and approved mitigation measures necessary to offset clearly identified impacts and allow this water quality project to proceed. No alternative is available. The following specific mitigation work is included in the project scope: See Mitigation Requirements Summary for SERP Information Packet. E. The RECIPIENT will conduct a pre-construction conference and will invite ECOLOGY staff to the meeting . F. All mitigation measures committed to in documents developed in the SERP process , such as the environmental mitigation plan, environmental checklist, environmental report, SEPA environmental impact statement (EIS), the finding of no significant impact/environmental assessment, or record of decision/federal EIS will become revolving fund loan agreement conditions. All recipients of funding for water pollution control facility projects must comply with the SERP in accordance with WAC 173-98-720. Task Goal Statement: See overall goal. Task Expected Outcome: See overall goal. Template Version 12/10/2020 Page 34 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 9 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Deliverables Project Construction Phase 2B Outfall Number Description Due Date 3.1 Documentation of the RECIPIENTS procurement process. 3.2 Documentation of project elements that meet the EPA green project reserve criteria. 3.3 Bid Tabs, the Notice of Award, and a copy of the executed construction contract. 3.4 Copy of the notice to proceed. 3.5 Minutes of the pre-construction meeting. 3.6 Certification that the asset management program (fiscal sustainability plan) has been developed and is being implemented. 3.7 Complete SERP EID. 3.8 Ecology Cultural Resources Review Form. 3.9 Inadvertent Discovery Plan (IDP). 3.10 Environmental Mitigation Plan. Template Version 12/10/2020 Page 35 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 10 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:4 Task Cost: $4,400,000.00 Task Title:Construction Management for 2A & 2B Task Description: A. The RECIPIENT will provide adequate and competent construction management and inspection for the Project . This may involve procuring the professional services. If professional services are procured, the RECIPIENT will procure them in accordance with state law. The RECIPIENT will include ECOLOGY’s specification insert in the contract documents . The RECIPIENT must submit all contracts for construction management services before ECOLOGY will provide reimbursement for work performed under this task. B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240-075) and submit it to ECOLOGY for approval prior to any ground disturbing activities . This plan will describe the activities which the RECIPIENT will undertake to achieve adequate and competent oversight of all construction work. C. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion dates indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major changes occur and resubmit to ECOLOGY. A significant change in the scope of work may trigger a SERP review and should be discussed and coordinated with ECOLOGY. In the absence of any major changes, the RECIPIENT will describe progress of the construction in the monthly/quarterly progress reports. D. Upon completion of construction, the RECIPIENT will provide ECOLOGY’s Project Manager with a set of "as-built" plans by the expiration date of this agreement (i.e., record construction drawings which reflect changes, modifications, or other significant revisions made to the project during construction). E. Upon substantial completion, the recipient will notify ECOLOGY and coordinate the project’s closeout with ECOLOGY’s Project Manager. F. Upon project completion, the RECIPIENT will submit the Declaration of Construction Completion form to ECOLOGY in accordance with WAC 173-240-090. The form, when signed by a professional engineer, indicates that the project was completed in accordance with the plans, specifications, and major change orders approved by ECOLOGY, and is accurately shown on the as-built plans. Task Goal Statement: See overall goal. Task Expected Outcome: See overall goal. Template Version 12/10/2020 Page 36 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 11 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Deliverables Construction Management for 2A & 2B Number Description Due Date 4.1 Executed contract for construction management services. 4.2 Documentation of the RECIPIENT’s process for procuring engineering services. 4.3 Construction Quality Assurance Plan. 4.4 “As-built” plans. 4.5 Declaration of Construction Completion. Template Version 12/10/2020 Page 37 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 12 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:5 Task Cost: $711,345.00 Task Title:Change Order Allowance for Phase 2A Task Description: A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the project. B. The RECIPIENT will submit the change orders to ECOLOGY for approval. Change orders that are a significant deviation from the approved plans/specifications will be submitted for approval, prior to execution. A significant deviation shall be as defined in the Water Quality Program Orange Book, section G1-4.2.6 and mean a change in the selected treatment process, facility size, design criteria, or performance standards that result in changes in expected facility performance or environmental impacts. All other change orders will be executed and submitted to ECOLOGY within 30 days of execution. If the change order contains engineering content a P.E stamp is required. Task Goal Statement: See overall goal. Task Expected Outcome: See overall goal. Deliverables Change Order Allowance for Phase 2A Number Description Due Date 5.1 A copy of all change orders. Template Version 12/10/2020 Page 38 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 13 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:6 Task Cost: $330,235.00 Task Title:Change Order Allowance for Phase 2B Task Description: A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the project. B. The RECIPIENT will submit the change orders to ECOLOGY for approval. Change orders that are a significant deviation from the approved plans/specifications will be submitted for approval, prior to execution. A significant deviation shall be as defined in the Water Quality Program Orange Book, section G1-4.2.6 and mean a change in the selected treatment process, facility size, design criteria, or performance standards that result in changes in expected facility performance or environmental impacts. All other change orders will be executed and submitted to ECOLOGY within 30 days of execution. If the change order contains engineering content a P.E stamp is required. Task Goal Statement: See overall goal. Task Expected Outcome: See overall goal. Deliverables Change Order Allowance for Phase 2B Number Description Due Date 6.1 A copy of all change orders. Template Version 12/10/2020 Page 39 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 14 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Title: State CWSRF-SFY24 (State) Type: Funding Source %: Description: 100% The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State administers the program under Chapter 173-98 WAC. The portion of this project funded with this funding distribution comes from non-federal source and are not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single Audit Act (SAA). However, this project is subject to the federal requirements outlined in Section 4 and 5 of agreement terms and conditions. Fund: FD0727 Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 30% 0% No No No BUDGET Funding Distribution EF240576 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SRF Forgivable Principal 01/01/2023 12/31/2025 Forgivable Loan SRF Forgivable Principal Task Total Project Construction Phase 2B Outfall 191,860.00$ 191,860.00$Total: Template Version 12/10/2020 Page 40 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 15 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Title: State CWSRF-SFY24 (State) Type: Funding Source %: Description: 100% The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State administers the program under Chapter 173-98 WAC. The portion of this project funded with this funding distribution comes from non-federal source and are not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single Audit Act (SAA). However, this project is subject to the federal requirements outlined in Section 4 and 5 of agreement terms and conditions. Fund: FD0727 Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 30% 0% No No No Effective Interest Rate: 1.2% Interest Rate: 0.9% Admin Charge: 0.3% Terms:20 years Project Start Date: 01/01/2023 Project Completion Date: 12/31/2024 Estimated Initiation of Operation date: Loan Security: Final Accrued Interest: Final Loan Amount: Repayment Schedule Number: 08/12/2025 Revenue Secure Lien Obligation of the Recipient $ $ 803 BUDGET Funding Distribution EL240577 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SRF Loan - Phase 2B Outfall (State) 01/01/2023 12/31/2024 Loan Template Version 12/10/2020 Page 41 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 16 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SRF Loan - Phase 2B Outfall (State)Task Total Project Construction Phase 2B Outfall 6,604,698.00$ Change Order Allowance for Phase 2B 330,235.00$ 6,934,933.00$Total: Template Version 12/10/2020 Page 42 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 17 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Title: State CWSRF-SFY24 (State) Type: Funding Source %: Description: 100% The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State administers the program under Chapter 173-98 WAC. The portion of this project funded with this funding distribution comes from non-federal source and are not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single Audit Act (SAA). However, this project is subject to the federal requirements outlined in Section 4 and 5 of agreement terms and conditions. Fund: FD0727 Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 30% 0% No No No Effective Interest Rate: 1.2% Interest Rate: 0.9% Admin Charge: 0.3% Terms:20 years Project Start Date: 01/01/2023 Project Completion Date: 12/31/2025 Estimated Initiation of Operation date: Loan Security: Final Accrued Interest: Final Loan Amount: Repayment Schedule Number: 08/12/2025 Revenue Secure Lien Obligation of the Recipient $ $ 804 BUDGET Funding Distribution EL240578 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SRF Loan Phase 2A Plant Const., CM, Admin. (State) 01/01/2023 12/31/2025 Loan Template Version 12/10/2020 Page 43 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 18 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SRF Loan Phase 2A Plant Const., CM, Admin. (State)Task Total Grant and Loan Administration 10,000.00$ Project Construction Phase 2A Plant Improvements 14,226,917.00$ Construction Management for 2A & 2B 4,400,000.00$ Change Order Allowance for Phase 2A 711,345.00$ 19,348,262.00$Total: Template Version 12/10/2020 Page 44 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 19 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%191,860.00 191,860.000.000.00SRF Forgivable Principal $$$%6,934,933.00 6,934,933.000.000.00SRF Loan - Phase 2B Outfall (State) $$$%19,348,262.00 19,348,262.000.000.00SRF Loan Phase 2A Plant Const., CM, Admin. (State) Total $$0.00 26,475,055.00 $26,475,055.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS WQC-2024—Water Quality Program Special Terms and Conditions (Update June 2023) SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. “Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Accrued Interest” means the interest incurred as loan funds are disbursed. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and establishes a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022. “Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater infrastructure. “Centennial Clean Water Program” means the state program funded from various state sources . “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives; or Template Version 12/10/2020 Page 45 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 20 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: non-permanent products) that is or consists primarily of, non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), (including optic glass), lumber, and drywall. “Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. “Davis Bacon Prevailing Wage Act” means the federal law mandating on -site workers on public works projects be paid certain wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction, alteration, and repair projects. “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred . “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge . “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT . “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount and the estimated schedule for completion of the project . “Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA grant to Ecology. “Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive federal funding and meet additional federal requirements. “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued . “Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount and the initiation of operation or completion date, whichever comes first. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower . “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate for its intended purpose. (For loans only) “Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: lined or unlined Template Version 12/10/2020 Page 46 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 21 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan . “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan . “Loan Term” means the repayment period of the loan . “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes . “Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous metals such as aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concreate; glass, including optical fiber; and lumber. “Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial melting state through the application of coatings, occurred in the Untied States. “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents . “Prevailing Wage” means hourly wage, usual benefits, and overtime paid in the largest city in each county , to the majority of workers, laborers, and mechanics performing the same work. The rate is established separately for each county. “Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed and is the last day eligible costs can be incurred. This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. “Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project . “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution . “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement . “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. Template Version 12/10/2020 Page 47 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 22 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. “Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for ECOLOGY grant or loan funding. “Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity doing business with or receiving funds from the federal government. This number replaces the DUNS number. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .” B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington ) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY , on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and Template Version 12/10/2020 Page 48 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 23 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and /or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring . f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website . E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved Template Version 12/10/2020 Page 49 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 24 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Contact your Ecology Project Team to determine the appropriate recognition for your project . H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request . J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. K. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as part of this assessment. L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes , ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY : 1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program website and must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only) 2. “Section 319 Initial Data Reporting” form must be completed in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA . B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager . To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) Template Version 12/10/2020 Page 50 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 25 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319, State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANT (OSG) A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/. C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural Resources Review Form, coordination with Ecology Cultural Resources staff , and receipt of the Ecology Final Determination prior to any property acquisition and above and below ground disturbing activities. D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter 11&edition=prelim). E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects only): The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all federal requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act (“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited to, the following requirements: that all the iron and steel, manufactured products, and construction materials used in the Project are to be produced in the United States (“Build America, Buy America Requirements”) unless (i) the RECIPIENT has requested and obtained a waiver from the cognizant Agency pertaining to the Project or the Project is otherwise covered by a general applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the RECIPIENT in writing that the Build America, Buy America Requirements are not applicable to the project . RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities , including any reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables, information on costs and project progress. The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding , Template Version 12/10/2020 Page 51 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 26 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default hereunder that results in a repayment of the assistance agreement in advance of termination and/or repayment of assistance, and/or other remedial actions. EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section 70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings provision for existing statutory requirements that meet or exceed BABA requirements . The statutory American Iron and Steel (AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has previously applied to SRF projects and will continue to do so as part of BABA requirements . Where manufactured products used in the project are required to be produced in the United States, manufactured product shall mean manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. The manufactured products included cover the majority of potential water infrastructure products, including complex products made up of a variety of material types and components. For water infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors, blowers, aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment equipment, dewatering equipment, actuators, and many other mechanical and electrical items. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) 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 and Government RECIPIENTs , this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) 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. 3) 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 shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in Template Version 12/10/2020 Page 52 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 27 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request . Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin, or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections . The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor will 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 or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Template Version 12/10/2020 Page 53 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 28 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act and make such records available for review upon request . Wage determinations and instructions for their use can be found at https://sam.gov/. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request . Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act prevailing wage requirements the more stringent requirement shall govern. Washington State prevailing wage rates can be found at https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public in the System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their UEI Number under their organization’s information in EAGL . The UEI number must be entered into EAGL before a funding agreement is signed. SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY : 1. Financial Capability Assessment Documentation (upon request) 2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL. 3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL. 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF Equivalency projects – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL. 5. CWSRF Federal Reporting Information form – Must be completed in EAGL. 6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes construction of a wastewater or stormwater facility construction) – Must be completed in EAGL. 7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must be completed in EAGL. 8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must be uploaded to the Environmental and Cultural Review form in EAGL. A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or which Template Version 12/10/2020 Page 54 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 29 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means 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. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency . The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds . This includes all the requirements in Section 4 and this Section. E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website . F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to enhance public awareness of EPA assistance agreements nationwide . Signage guidance can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility- project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan Template Version 12/10/2020 Page 55 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 30 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a 365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over the term of this loan “Loan Term” as outlined in this agreement . J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all the covenants , agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT . 4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever . 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it . 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan . Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies , the payment shall be due on the next business day for Washington State agencies . Payments shall be mailed to: Department of Ecology Template Version 12/10/2020 Page 56 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 31 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager . No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement . 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office . K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations . Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in Template Version 12/10/2020 Page 57 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 32 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act and make such records available for review upon request . The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request . O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of Ecology. This includes but is not limited to: - The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc. - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33 - The American Iron and Steel Act (Buy American) - The Build America Buy America Act (BABA) (equivalency projects only)” P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan , have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion Template Version 12/10/2020 Page 58 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 33 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system . 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges . Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the Template Version 12/10/2020 Page 59 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 34 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property . Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all the termination or default remedies provided in this agreement , the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined . T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user-charge system will include provisions for a connection charge . In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, Template Version 12/10/2020 Page 60 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 35 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $30,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1.Procure or obtain; 2.Extend or renew a contract to procure or obtain; or 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 Template Version 12/10/2020 Page 61 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 36 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf> , section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 Page 62 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 37 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement , providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered , disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements . * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). Template Version 12/10/2020 Page 63 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 38 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site . • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site . c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted . b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure . d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk . To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and Template Version 12/10/2020 Page 64 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 39 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement 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. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request . b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such Template Version 12/10/2020 Page 65 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 40 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 Page 66 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 41 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to Template Version 12/10/2020 Page 67 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 42 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS Template Version 12/10/2020 Page 68 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 43 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 Page 69 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 44 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments . Template Version 12/10/2020 Page 70 of 268 WQC-2024-Pasco-00007 City of Pasco WWTP Phase 2A & 2B: Outfall Replacement & Plant Improvements City of Pasco Page 45 of 45State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 Page 71 of 268 Estimated loan repayment schedule Loan number:EL240577 Agreement #:WQC-2024-Pasco-00007 Recipient name:PASCO CITY OF Amortization method:Compound-365 D/Y Initiation of Operations:6/30/2024 Project Completion:12/31/2024 Schedule number:AS-000000803 Loan amount:$6,934,933.00 Term of loan:20 Years Effective interest rate:1.200% Interest compounded:Monthly Loan date:6/30/2025 Schedule creation date:2/15/2024 Payment number Due date Payment amount Principal amount Interest amount Admin amount Balance amount 1 6/30/2025 196,760.61 113,082.18 62,758.82 20,919.61 6,821,850.82 Subtotal FY 2025 196,760.61 113,082.18 62,758.82 20,919.61 6,821,850.82 2 12/30/2025 196,760.61 155,727.04 30,775.18 10,258.39 6,666,123.78 3 6/30/2026 196,760.61 156,663.74 30,072.65 10,024.22 6,509,460.04 Subtotal FY 2026 393,521.22 312,390.78 60,847.83 20,282.61 6,509,460.04 4 12/30/2026 196,760.61 157,606.08 29,365.90 9,788.63 6,351,853.96 5 6/30/2027 196,760.61 158,554.08 28,654.90 9,551.63 6,193,299.88 Subtotal FY 2027 393,521.22 316,160.16 58,020.80 19,340.26 6,193,299.88 6 12/30/2027 196,760.61 159,507.79 27,939.61 9,313.21 6,033,792.09 7 6/30/2028 196,760.61 160,467.23 27,220.03 9,073.35 5,873,324.86 Subtotal FY 2028 393,521.22 319,975.02 55,159.64 18,386.56 5,873,324.86 8 12/30/2028 196,760.61 161,432.44 26,496.13 8,832.04 5,711,892.42 9 6/30/2029 196,760.61 162,403.46 25,767.86 8,589.29 5,549,488.96 Subtotal FY 2029 393,521.22 323,835.90 52,263.99 17,421.33 5,549,488.96 10 12/30/2029 196,760.61 163,380.32 25,035.22 8,345.07 5,386,108.64 11 6/30/2030 196,760.61 164,363.06 24,298.16 8,099.39 5,221,745.58 Subtotal FY 2030 393,521.22 327,743.38 49,333.38 16,444.46 5,221,745.58 12 12/30/2030 196,760.61 165,351.71 23,556.67 7,852.23 5,056,393.87 13 6/30/2031 196,760.61 166,346.30 22,810.73 7,603.58 4,890,047.57 Subtotal FY 2031 393,521.22 331,698.01 46,367.40 15,455.81 4,890,047.57 14 12/30/2031 196,760.61 167,346.88 22,060.30 7,353.43 4,722,700.69 15 6/30/2032 196,760.61 168,353.47 21,305.35 7,101.79 4,554,347.22 Subtotal FY 2032 393,521.22 335,700.35 43,365.65 14,455.22 4,554,347.22 16 12/30/2032 196,760.61 169,366.12 20,545.87 6,848.62 4,384,981.10 17 6/30/2033 196,760.61 170,384.86 19,781.81 6,593.94 4,214,596.24 Subtotal FY 2033 393,521.22 339,750.98 40,327.68 13,442.56 4,214,596.24 Page 72 of 268 Payment number Due date Payment amount Principal amount Interest amount Admin amount Balance amount 18 12/30/2033 196,760.61 171,409.73 19,013.16 6,337.72 4,043,186.51 19 6/30/2034 196,760.61 172,440.76 18,239.89 6,079.96 3,870,745.75 Subtotal FY 2034 393,521.22 343,850.49 37,253.05 12,417.68 3,870,745.75 20 12/30/2034 196,760.61 173,478.00 17,461.96 5,820.65 3,697,267.75 21 6/30/2035 196,760.61 174,521.47 16,679.35 5,559.79 3,522,746.28 Subtotal FY 2035 393,521.22 347,999.47 34,141.31 11,380.44 3,522,746.28 22 12/30/2035 196,760.61 175,571.22 15,892.04 5,297.35 3,347,175.06 23 6/30/2036 196,760.61 176,627.29 15,099.99 5,033.33 3,170,547.77 Subtotal FY 2036 393,521.22 352,198.51 30,992.03 10,330.68 3,170,547.77 24 12/30/2036 196,760.61 177,689.70 14,303.18 4,767.73 2,992,858.07 25 6/30/2037 196,760.61 178,758.51 13,501.57 4,500.53 2,814,099.56 Subtotal FY 2037 393,521.22 356,448.21 27,804.75 9,268.26 2,814,099.56 26 12/30/2037 196,760.61 179,833.74 12,695.15 4,231.72 2,634,265.82 27 6/30/2038 196,760.61 180,915.45 11,883.87 3,961.29 2,453,350.37 Subtotal FY 2038 393,521.22 360,749.19 24,579.02 8,193.01 2,453,350.37 28 12/30/2038 196,760.61 182,003.66 11,067.71 3,689.24 2,271,346.71 29 6/30/2039 196,760.61 183,098.41 10,246.65 3,415.55 2,088,248.30 Subtotal FY 2039 393,521.22 365,102.07 21,314.36 7,104.79 2,088,248.30 30 12/30/2039 196,760.61 184,199.75 9,420.64 3,140.22 1,904,048.55 31 6/30/2040 196,760.61 185,307.72 8,589.67 2,863.22 1,718,740.83 Subtotal FY 2040 393,521.22 369,507.47 18,010.31 6,003.44 1,718,740.83 32 12/30/2040 196,760.61 186,422.35 7,753.69 2,584.57 1,532,318.48 33 6/30/2041 196,760.61 187,543.68 6,912.70 2,304.23 1,344,774.80 Subtotal FY 2041 393,521.22 373,966.03 14,666.39 4,888.80 1,344,774.80 34 12/30/2041 196,760.61 188,671.76 6,066.64 2,022.21 1,156,103.04 35 6/30/2042 196,760.61 189,806.63 5,215.48 1,738.50 966,296.41 Subtotal FY 2042 393,521.22 378,478.39 11,282.12 3,760.71 966,296.41 36 12/30/2042 196,760.61 190,948.32 4,359.22 1,453.07 775,348.09 37 6/30/2043 196,760.61 192,096.88 3,497.80 1,165.93 583,251.21 Subtotal FY 2043 393,521.22 383,045.20 7,857.02 2,619.00 583,251.21 38 12/30/2043 196,760.61 193,252.34 2,631.20 877.07 389,998.87 39 6/30/2044 196,760.61 194,414.76 1,759.39 586.46 195,584.11 Subtotal FY 2044 393,521.22 387,667.10 4,390.59 1,463.53 195,584.11 40 12/30/2044 196,760.55 195,584.11 882.33 294.11 0.00 Subtotal FY 2045 196,760.55 195,584.11 882.33 294.11 0.00 Page 73 of 268 Grand total 7,870,424.34 6,934,933.00 701,618.47 233,872.87 0.00 Page 74 of 268 Estimated loan repayment schedule Loan number:EL240578 Agreement #:WQC-2024-Pasco-00007 Recipient name:PASCO CITY OF Amortization method:Compound-365 D/Y Initiation of Operations:8/12/2025 Project Completion:12/31/2025 Schedule number:AS-000000804 Loan amount:$19,348,262.00 Term of loan:20 Years Effective interest rate:1.200% Interest compounded:Monthly Loan date:8/12/2026 Schedule creation date:2/15/2024 Payment number Due date Payment amount Principal amount Interest amount Admin amount Balance amount 1 8/12/2026 548,956.39 315,496.00 175,095.29 58,365.10 19,032,766.00 2 2/12/2027 548,956.39 434,473.92 85,861.85 28,620.62 18,598,292.08 Subtotal FY 2027 1,097,912.78 749,969.92 260,957.14 86,985.72 18,598,292.08 3 8/12/2027 548,956.39 437,087.29 83,901.82 27,967.28 18,161,204.79 4 2/12/2028 548,956.39 439,716.38 81,930.01 27,310.00 17,721,488.41 Subtotal FY 2028 1,097,912.78 876,803.67 165,831.83 55,277.28 17,721,488.41 5 8/12/2028 548,956.39 442,361.28 79,946.33 26,648.78 17,279,127.13 6 2/12/2029 548,956.39 445,022.09 77,950.72 25,983.58 16,834,105.04 Subtotal FY 2029 1,097,912.78 887,383.37 157,897.05 52,632.36 16,834,105.04 7 8/12/2029 548,956.39 447,698.91 75,943.11 25,314.37 16,386,406.13 8 2/12/2030 548,956.39 450,391.83 73,923.42 24,641.14 15,936,014.30 Subtotal FY 2030 1,097,912.78 898,090.74 149,866.53 49,955.51 15,936,014.30 9 8/12/2030 548,956.39 453,100.95 71,891.58 23,963.86 15,482,913.35 10 2/12/2031 548,956.39 455,826.36 69,847.52 23,282.51 15,027,086.99 Subtotal FY 2031 1,097,912.78 908,927.31 141,739.10 47,246.37 15,027,086.99 11 8/12/2031 548,956.39 458,568.16 67,791.17 22,597.06 14,568,518.83 12 2/12/2032 548,956.39 461,326.46 65,722.45 21,907.48 14,107,192.37 Subtotal FY 2032 1,097,912.78 919,894.62 133,513.62 44,504.54 14,107,192.37 13 8/12/2032 548,956.39 464,101.35 63,641.28 21,213.76 13,643,091.02 14 2/12/2033 548,956.39 466,892.92 61,547.60 20,515.87 13,176,198.10 Subtotal FY 2033 1,097,912.78 930,994.27 125,188.88 41,729.63 13,176,198.10 15 8/12/2033 548,956.39 469,701.29 59,441.32 19,813.78 12,706,496.81 16 2/12/2034 548,956.39 472,526.56 57,322.37 19,107.46 12,233,970.25 Subtotal FY 2034 1,097,912.78 942,227.85 116,763.69 38,921.24 12,233,970.25 17 8/12/2034 548,956.39 475,368.81 55,190.68 18,396.90 11,758,601.44 18 2/12/2035 548,956.39 478,228.17 53,046.16 17,682.06 11,280,373.27 Page 75 of 268 Payment number Due date Payment amount Principal amount Interest amount Admin amount Balance amount Subtotal FY 2035 1,097,912.78 953,596.98 108,236.84 36,078.96 11,280,373.27 19 8/12/2035 548,956.39 481,104.72 50,888.75 16,962.92 10,799,268.55 20 2/12/2036 548,956.39 483,998.57 48,718.36 16,239.46 10,315,269.98 Subtotal FY 2036 1,097,912.78 965,103.29 99,607.11 33,202.38 10,315,269.98 21 8/12/2036 548,956.39 486,909.83 46,534.92 15,511.64 9,828,360.15 22 2/12/2037 548,956.39 489,838.61 44,338.33 14,779.45 9,338,521.54 Subtotal FY 2037 1,097,912.78 976,748.44 90,873.25 30,291.09 9,338,521.54 23 8/12/2037 548,956.39 492,785.00 42,128.54 14,042.85 8,845,736.54 24 2/12/2038 548,956.39 495,749.11 39,905.46 13,301.82 8,349,987.43 Subtotal FY 2038 1,097,912.78 988,534.11 82,034.00 27,344.67 8,349,987.43 25 8/12/2038 548,956.39 498,731.05 37,669.00 12,556.34 7,851,256.38 26 2/12/2039 548,956.39 501,730.93 35,419.09 11,806.37 7,349,525.45 Subtotal FY 2039 1,097,912.78 1,000,461.98 73,088.09 24,362.71 7,349,525.45 27 8/12/2039 548,956.39 504,748.85 33,155.65 11,051.89 6,844,776.60 28 2/12/2040 548,956.39 507,784.92 30,878.60 10,292.87 6,336,991.68 Subtotal FY 2040 1,097,912.78 1,012,533.77 64,034.25 21,344.76 6,336,991.68 29 8/12/2040 548,956.39 510,839.26 28,587.85 9,529.28 5,826,152.42 30 2/12/2041 548,956.39 513,911.97 26,283.31 8,761.11 5,312,240.45 Subtotal FY 2041 1,097,912.78 1,024,751.23 54,871.16 18,290.39 5,312,240.45 31 8/12/2041 548,956.39 517,003.16 23,964.92 7,988.31 4,795,237.29 32 2/12/2042 548,956.39 520,112.94 21,632.59 7,210.86 4,275,124.35 Subtotal FY 2042 1,097,912.78 1,037,116.10 45,597.51 15,199.17 4,275,124.35 33 8/12/2042 548,956.39 523,241.43 19,286.22 6,428.74 3,751,882.92 34 2/12/2043 548,956.39 526,388.74 16,925.74 5,641.91 3,225,494.18 Subtotal FY 2043 1,097,912.78 1,049,630.17 36,211.96 12,070.65 3,225,494.18 35 8/12/2043 548,956.39 529,554.98 14,551.06 4,850.35 2,695,939.20 36 2/12/2044 548,956.39 532,740.26 12,162.10 4,054.03 2,163,198.94 Subtotal FY 2044 1,097,912.78 1,062,295.24 26,713.16 8,904.38 2,163,198.94 37 8/12/2044 548,956.39 535,944.71 9,758.76 3,252.92 1,627,254.23 38 2/12/2045 548,956.39 539,168.42 7,340.98 2,446.99 1,088,085.81 Subtotal FY 2045 1,097,912.78 1,075,113.13 17,099.74 5,699.91 1,088,085.81 39 8/12/2045 548,956.39 542,411.53 4,908.64 1,636.22 545,674.28 40 2/12/2046 548,956.52 545,674.28 2,461.68 820.56 0.00 Subtotal FY 2046 1,097,912.91 1,088,085.81 7,370.32 2,456.78 0.00 Grand total 21,958,255.73 19,348,262.00 1,957,495.23 652,498.50 0.00 Page 76 of 268 Department of Ecology Construction Loan Agreement - WWTP Phase 2 Pa g e 7 7 o f 2 6 8 Ecology Loan Agreement WQC-2024-Pasco-00007 Construction Loan for WWTP Imp Phase 2 TOTAL AWARD: $ 26,283,195 Terms: 20-year loan term at 1.2% interest Agreement scope includes Ecology loan administration Fully funded construction of Phase 2A Plant Improvements Fully funded construction of Phase 2B Outfall Replacement Construction Management (CM) and on-site inspection services Davis Bacon Wage Compliance Change order review and authorization Pa g e 7 8 o f 2 6 8 WWTP Phase 2 Improvements Overview Phase 2A Plant Improvements Phase 2B Outfall Replacement Phase 1 Plant Improvements WWTP Milestones •Phase 1 Completion – Q2 2024 •Phase 2A Completion – Q4 2025 •Phase 2B Completion – Q3 2024 Pa g e 7 9 o f 2 6 8 WWTP Phase 2 Improvements Overview WWTP Phase 1 - Primary and Secondary Treatment Improvements WWTP Phase 2B - Outfall Improvements WWTP Phase 2A – Solids Handling and UV Disinfection Improvements Pa g e 8 0 o f 2 6 8 WWTP Phase 2B Outfall Construction Pa g e 8 1 o f 2 6 8 Questions? Pa g e 8 2 o f 2 6 8 AGENDA REPORT FOR: City Council February 28, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 3/4/24 FROM: Maria Serra, Interim Director Public Works SUBJECT: Resolution No. 4425 - Approval of Ecology Loan #WQC-2024-Pasco- 00091 for Construction of PWRF Phase 2 Improvements I. REFERENCE(S): Resolution Loan Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4425, authorizing execution of the $35M Loan Agreement with The Department of Ecology for the Process Water Reuse Facility Phase 2 Improvements. III. FISCAL IMPACT: The City was awarded a $34.9M loan to fund full construction of the Process Water Reuse Facility (PWRF) Phase 2 Winter Storage Pond Improvements. The loan is administered by the Washington State Department of Ecology (Ecology) as part of their Water Quality Combined Funding program. The loan has a 20-year term with an effective interest rate of 1.2% (0.9% interest, 0.3% agency administration). IV. HISTORY AND FACTS BRIEF: The PWRF is a 25-year-old industrial facility owned & operated by the City that receives industrial wastewater from five agricultural food processors in the region and pretreats, stores and lastly applies treated water through irrigation pivots to leased farm circles for final treatment and disposal. The facility is currently undersized and outdated for the needs of the Processors and the facility needs significant upgrades to effectively continue for another 25+ years. To accommodate the desire of the existing food processors to grow their Page 83 of 268 operations and future system users, such as the Darigold plant, winter storage capacity needs to be added at the PWRF. The existing PWRF facility has three storage lagoons totaling 165 million gallons of winter storage. The final design approved by Ecology addresses the current and future system needs and determines that approximately 350 million gallons of winter storage need to be added. This additional winter storage will help ensure that surplus industrial wastewater can be stored onsite at the PWRF and will not need to be diverted to the municipal sewer plant. In October of 2022, Resolution No. 4258 was approved to authorize the City to apply for an Ecology low-interest loan through the Clean Water State Revolving Fund (CWSRF) program. The program provides low-interest construction loans to fund publicly-owned municipal wastewater systems. These loans cover capital improvements that enable municipalities to maintain compliance with municipal wastewater regulations. The City was selected as a recipient of the CWSRF 20-year construction loan for the PWRF Phase 2 Improvements project. The loan from Ecology will be used for the full construction of the storage pond and associated infrastructure upgrades. This includes on-site construction management and inspection services, commissioning and start-up, and any subsequent environmental permitting necessary to comply with federal loan administration requirements. V. DISCUSSION: This item was discussed at the February 26, 2024, Council Workshop meeting. Staff recommends approval of the low-interest loan agreement from the Washington State Department of Ecology CWSRF program for the construction of the PWRF - Phase 2 project. Page 84 of 268 Resolution - Ecology Loan WQC-2024-Pasco-00091 - 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING EXECUTION OF THE $35M LOAN AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR THE PROCESS WATER REUSE FACILITY PHASE 2 IMPROVEMENTS. WHEREAS, the Process Water Reuse Facility (PWRF) is a 25-year-old industrial facility that receives industrial wastewater from five local agricultural food processors in the region and pretreats, stores and then land applies through irrigation pivots to leased farm circles for final treatment and disposal; and WHEREAS, the PWRF is in need of significant upgrades to expand winter storage capacity and effectively ensure that surplus industrial wastewater from current and future users can be stored onsite for another 25+ years; and WHEREAS, to help fund these improvements, the City applied for and received a $35 million dollar loan from the Washington State Department of Ecology to help pay for construction of these improvements at the PWRF; and WHEREAS, these funds will be used to fully construct and commission the facility modifications for the purpose of increasing winter storage pond capacity at the PWRF; and WHEREAS, to make the Ecology loan funds available to the City, execution of an approved Loan Agreement is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council hereby authorizes the City Manager to execute the Loan Agreement with the Department of Ecology, 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 shall take effect immediately. Page 85 of 268 Resolution - Ecology Loan WQC-2024-Pasco-00091 - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 86 of 268 PWRF PH2 - Winter Storage Ponds Agreement No. WQC-2024-Pasco-00091 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PASCO This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Pasco, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project improves water quality in the Columbia River through the construction of wastewater treatment facilities at the Pasco Process Water Reuse Facility (PWRF) in the City of Pasco. Benefits include increased storage and processing capacity to handle a significant increase in industrial wastewater and reducing the burden of treatment of industrial wastewater at the RECIPIENT’s municipal plant. Project Long Description: This project improves water quality in the Columbia River through the construction of wastewater treatment facilities at the Pasco Process Water Reuse Facility (PWRF) in the City of Pasco. Benefits include increased storage and processing capacity to handle a significant increase in industrial wastewater and reducing the burden of treatment of industrial wastewater at the RECIPIENT’s municipal plant. $34,934,159.00 $34,934,159.00 $34,934,159.00 $0.00 01/01/2023 06/30/2026 Wastewater Facility EXHIBIT A Page 87 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 2 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: The RECIPIENT owns and operates the PWRF located just north of the City limits and east of State Route (SR) 395. The PWRF was constructed to provide centralized pretreatment and land application (irrigation) of food processing wastewater from various food processors (processors) in the area to nearby lease-holding farmers as final treatment and disposal of the wastewater. Fourteen (14) center-pivot irrigated fields distribute the process water to 1,856 acres for land application. 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 PWRF site is preparing for expansion as an existing processor (Reser’s Fine Foods) expands their operations and new processors have come to the area, including Darigold, Inc. By directing industrial process wastewater to the city owned and operated industrial facility, the burden caused by the high strength and seasonal variation of the industrial wastewater is diverted away from the City's Municipal wastewater treatment facility. This project is Phase 2 and will construct three storage ponds, each with an approximate capacity of 100 million gallons. The storage ponds will be located on land currently owned by the US Bureau of Reclamation an 80-acre parcel to the north of the existing PWRF site. The RECIPIENT is in the process of obtaining fee title for this site and anticipates transfer of ownership by the end of August 2023. Phase 2 construction is scheduled to begin in the Winter of 2023 Overall Goal: The overall goal of this project is to develop a green, sustainable pretreatment and land application solution for disposing of food processing wastewater without causing ground or surface water pollution and preventing further burden on the RECIPIENT’s municipal wastewater treatment plant (WWTP). Template Version 12/10/2020 Page 88 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 3 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT INFORMATION Organization Name: Federal Tax ID: Mailing Address: Contacts Organization Email: Organization Fax: City of Pasco 91-6001264 PO Box 293 Pasco, WA 99301 worleys@pasco-wa.gov (509) 543-5728 Billing Contact Authorized Signatory Project Manager Maria Laura Serra Interim Public Works Director 525 N Third Ave Pasco, Washington 99301 Email: serram@pasco-wa.gov Phone: (509) 544-4125 Hollie Geiger Public Works Financial Analyst 525 N Third Ave Pasco, Washington 99301 Email: geigerh@pasco-wa.gov Phone: (509) 543-5738 Brittany Whitfield 525 N Third Ave Pasco, Washington 99301 Email: whitfieldb@pasco-wa.gov Phone: (509) 543-5738 Template Version 12/10/2020 Page 89 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 4 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Contacts ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Project Manager Financial Manager Technical Advisor Greg Dobb 4601 N Monroe Street Spokane, Washington 99205-1295 Email: GDOB461@ecy.wa.gov Phone: (509) 329-3440 Tammie McClure PO Box 47600 Olympia, Washington 98504-7600 Email: tmcc461@ecy.wa.gov Phone: (360) 628-4315 Diana Washington 4601 N Monroe Street Spokane, Washington 99205-1295 Email: DWAS461@ecy.wa.gov Phone: (509) 329-3519 Template Version 12/10/2020 Page 90 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 5 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:1 Task Cost: $10,000.00 Task Title:Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements . Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement , contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and two-page outcome summary report. * Properly maintained project documentation. Deliverables Grant and Loan Administration Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) Template Version 12/10/2020 Page 91 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 6 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:2 Task Cost: $31,718,247.00 Task Title:Project Construction Task Description: A. The RECIPIENT will execute a contract with a contractor selected in compliance with state law . The RECIPIENT will include ECOLOGY’s specification insert in the contract documents . The RECIPIENT will submit Bid Tabs, the Notice of Award, and a copy of the executed contract before ECOLOGY will provide reimbursement for work performed under this task. B. The RECIPIENT will complete the construction in accordance with the approved Plans and Specifications . The construction project will include: a. Three winter storage ponds at approximately 100 million gallons each b. Programming and control services C. This project includes appropriate and approved mitigation measures necessary to offset clearly identified impacts and allow this water quality project to proceed. No alternative is available. The following specific mitigation work is included in the project scope: a.City of Pasco Process Water Reuse Facility Improvements Migratory Bird Treaty Act Conservation Plan (July 2023) D. As a condition of receiving this funding, the RECIPIENT will conduct an Investment Grade Efficiency Audit (IGEA). The RECIPIENT will review their energy use looking for cost effective energy savings . The recipient may also submit documentation of an energy efficiency review conducted within the last 5 years. E. The RECIPIENT will conduct a pre-construction conference and will invite ECOLOGY staff to the meeting . F. This project has been identified as an Equivalency project under the State Revolving Fund Capitalization Grants (CFDA-66.458) and is subject to all federal requirements EPA applies to Clean Water State Revolving Funds . In addition to the federal requirements outlined in Section 4 of agreement terms and conditions, the RECIPIENT will maintain documentation of compliance with all single audit act, federal cross cutters, and federal procurement requirements for architectural and engineering services (Chapter 11 of Title 40, U.S.C). G. All recipients of funding for water pollution control facility projects must comply with the SERP in accordance with WAC 173-98-720. Task Goal Statement: See overall goal. Task Expected Outcome: See overall goal. Template Version 12/10/2020 Page 92 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 7 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Deliverables Project Construction Number Description Due Date 2.1 Documentation of the RECIPIENTS procurement process. 2.2 Bid Tabs, the Notice of Award, and a copy of the executed construction contract. 2.3 Copy of the notice to proceed. 2.4 Minutes of the pre-construction meeting. 2.5 Complete SERP EID. 2.6 Ecology Cultural Resources Review Form. 2.7 Inadvertent Discovery Plan (IDP). 2.8 Environmental Mitigation Plan. Template Version 12/10/2020 Page 93 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 8 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:3 Task Cost: $1,620,000.00 Task Title:Construction Management Task Description: A. The RECIPIENT will provide adequate and competent construction management and inspection for the Project . This may involve procuring professional services. If professional services are procured, the RECIPIENT will procure them in accordance with state law. The RECIPIENT will include ECOLOGY’s specification insert in the contract documents . The RECIPIENT must submit all contracts for construction management services before ECOLOGY will provide reimbursement for work performed under this task. B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240-075) and submit it to ECOLOGY for approval prior to any ground disturbing activities . This plan will describe the activities which the RECIPIENT will undertake to achieve adequate and competent oversight of all construction work. C. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion dates indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major changes occur and resubmit to ECOLOGY. A significant change in the scope of work may trigger a SERP review and should be discussed and coordinated with ECOLOGY. In the absence of any major changes, the RECIPIENT will describe progress of the construction in the monthly/quarterly progress reports. D. Upon completion of construction, the RECIPIENT will provide ECOLOGY’s Project Manager with a set of "as-built" plans by the expiration date of this agreement (i.e., record construction drawings which reflect changes, modifications, or other significant revisions made to the project during construction). E. Upon substantial completion, the recipient will notify ECOLOGY and coordinate the project’s closeout with ECOLOGY’s Project Manager. F. Upon project completion, the RECIPIENT will submit the Declaration of Construction Completion form to ECOLOGY in accordance with WAC 173-240-090. The form, when signed by a professional engineer, indicates that the project was completed in accordance with the plans, specifications, and major change orders approved by ECOLOGY, and is accurately shown on the as-built plans. G. The RECIPIENT will submit the results of leak detection surveys for each winter storage pond . Task Goal Statement: See overall goal. Task Expected Outcome: See overall goal. Template Version 12/10/2020 Page 94 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 9 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Deliverables Construction Management Number Description Due Date 3.1 Executed contract for construction management services. 3.2 Documentation of the RECIPIENT’s process for procuring engineering services. 3.3 Construction Quality Assurance Plan. 3.4 “As-built” plans. 3.5 Declaration of Construction Completion. 3.6 Leak Detection Survey Results. Template Version 12/10/2020 Page 95 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 10 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:4 Task Cost: $1,585,912.00 Task Title:Change Order Allowance Task Description: A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the project. B. The RECIPIENT will submit the change orders to ECOLOGY for approval. Change orders that are a significant deviation from the approved plans/specifications will be submitted for approval, prior to execution. A significant deviation shall be as defined in the Water Quality Program Orange Book, section G1-4.2.6 and mean a change in the selected treatment process, facility size, design criteria, or performance standards that result in changes in expected facility performance or environmental impacts. All other change orders will be executed and submitted to ECOLOGY within 30 days of execution. If the change order contains engineering content a P.E stamp is required. Task Goal Statement: See overall goal. Task Expected Outcome: See overall goal. Deliverables Change Order Allowance Number Description Due Date 4.1 A copy of all change orders. Template Version 12/10/2020 Page 96 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 11 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Title: Federal CWSRF-SFY24 (Federal-Base) Type: Funding Source %: Description: 100% The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State administers the program under Chapter 173-98 WAC. This project has been identified as a Designated Equivalency project (DEP) and is subject to all federal requirements EPA applies to Clean Water State Revolving Funds. In addition to the federal requirements outlined in Section 4 and 5 of agreement terms and conditions, the RECIPIENT must maintain documentation of compliance with all federal cross cutters, federal procurement requirements for architectural and engineering services (Chapter 11 of Title 40, U.S.C) and Build America, Buy America Act (BABA). The portion of the project funded by this funding distribution is subject to the Single Audit Act (SAA) and Federal Funding Accountability and Transparency Act (FFATA) and funds disbursed using this funding distribution should be tracked and reported as federal funds on the recipients Schedule of Expenditures of Federal Awards (SEFA) reporting form. Fund: FD0727 BUDGET Funding Distribution EL240557 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SRF Loan (Federal) 01/01/2023 06/30/2026 Loan Template Version 12/10/2020 Page 97 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 12 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Federal Awarding Agency: Federal Awarding Agency Contact: Federal Awarding Agency Phone: Federal Awarding Agency Email: Federal Awarding Agency Address: CFDA Catalog Name: CFDA Number: FAIN: Research Grant: Federal Award Date: Total Federal Award Amount: EPA David Carcia 206-533-0890 carcia.david@epa.gov 66.458 No 7/1/2023 $20,122,000.00 Capitalization Grants for Clean Water State Revolving Funds 1200 Sixth Avenue, Suite 900, Seattle, WA 98101 Federal Funds Obligated To Recipient: $34,934,159.00 Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 30% 0% No No No Effective Interest Rate: 1.2% Interest Rate: 0.9% Admin Charge: 0.3% Terms:20 years Project Start Date: 01/01/2023 Project Completion Date: 06/30/2026 Estimated Initiation of Operation date: Loan Security: Final Accrued Interest: Final Loan Amount: Repayment Schedule Number: 12/31/2025 Revenue Secure Lien Obligation of the Recipient $ $ 796 SRF Loan (Federal)Task Total Grant and Loan Administration 10,000.00$ Project Construction 31,718,247.00$ Construction Management 1,620,000.00$ Change Order Allowance 1,585,912.00$ 34,934,159.00$Total: Template Version 12/10/2020 Page 98 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 13 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%34,934,159.00 34,934,159.000.000.00SRF Loan (Federal) Total $$0.00 34,934,159.00 $34,934,159.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS WQC-2024—Water Quality Program Special Terms and Conditions (Update June 2023) SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. “Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Accrued Interest” means the interest incurred as loan funds are disbursed. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and establishes a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022. “Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater infrastructure. “Centennial Clean Water Program” means the state program funded from various state sources . “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives; or non-permanent products) that is or consists primarily of, non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), (including optic glass), lumber, and drywall. “Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. Template Version 12/10/2020 Page 99 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 14 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: “Davis Bacon Prevailing Wage Act” means the federal law mandating on -site workers on public works projects be paid certain wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction, alteration, and repair projects. “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred . “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge . “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT . “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount and the estimated schedule for completion of the project . “Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA grant to Ecology. “Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive federal funding and meet additional federal requirements. “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued . “Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount and the initiation of operation or completion date, whichever comes first. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower . “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate for its intended purpose. (For loans only) “Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: 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. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable. Template Version 12/10/2020 Page 100 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 15 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan . “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan . “Loan Term” means the repayment period of the loan . “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes . “Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous metals such as aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concreate; glass, including optical fiber; and lumber. “Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial melting state through the application of coatings, occurred in the Untied States. “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents . “Prevailing Wage” means hourly wage, usual benefits, and overtime paid in the largest city in each county , to the majority of workers, laborers, and mechanics performing the same work. The rate is established separately for each county. “Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed and is the last day eligible costs can be incurred. This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. “Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project . “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution . “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement . “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. “Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for ECOLOGY grant or loan funding. “Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity doing Template Version 12/10/2020 Page 101 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 16 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: business with or receiving funds from the federal government. This number replaces the DUNS number. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .” B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington ) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY , on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing Template Version 12/10/2020 Page 102 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 17 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and /or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring . f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website . E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other Template Version 12/10/2020 Page 103 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 18 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Contact your Ecology Project Team to determine the appropriate recognition for your project . H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request . J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. K. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as part of this assessment. L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes , ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY : 1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program website and must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only) 2. “Section 319 Initial Data Reporting” form must be completed in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA . B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager . To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute Template Version 12/10/2020 Page 104 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 19 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319, State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANT (OSG) A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/. C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural Resources Review Form, coordination with Ecology Cultural Resources staff , and receipt of the Ecology Final Determination prior to any property acquisition and above and below ground disturbing activities. D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter 11&edition=prelim). E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects only): The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all federal requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act (“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited to, the following requirements: that all the iron and steel, manufactured products, and construction materials used in the Project are to be produced in the United States (“Build America, Buy America Requirements”) unless (i) the RECIPIENT has requested and obtained a waiver from the cognizant Agency pertaining to the Project or the Project is otherwise covered by a general applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the RECIPIENT in writing that the Build America, Buy America Requirements are not applicable to the project . RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities , including any reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables, information on costs and project progress. The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding , understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default hereunder that results in a repayment of the assistance agreement in advance of termination and/or repayment of assistance, and/or other remedial actions. EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section Template Version 12/10/2020 Page 105 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 20 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings provision for existing statutory requirements that meet or exceed BABA requirements . The statutory American Iron and Steel (AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has previously applied to SRF projects and will continue to do so as part of BABA requirements . Where manufactured products used in the project are required to be produced in the United States, manufactured product shall mean manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. The manufactured products included cover the majority of potential water infrastructure products, including complex products made up of a variety of material types and components. For water infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors, blowers, aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment equipment, dewatering equipment, actuators, and many other mechanical and electrical items. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) 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 and Government RECIPIENTs , this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) 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. 3) 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 shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request . Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin, or sex in the Template Version 12/10/2020 Page 106 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 21 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections . The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor will 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 or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. Template Version 12/10/2020 Page 107 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 22 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act and make such records available for review upon request . Wage determinations and instructions for their use can be found at https://sam.gov/. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request . Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act prevailing wage requirements the more stringent requirement shall govern. Washington State prevailing wage rates can be found at https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public in the System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their UEI Number under their organization’s information in EAGL . The UEI number must be entered into EAGL before a funding agreement is signed. SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY : 1. Financial Capability Assessment Documentation (upon request) 2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL. 3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL. 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF Equivalency projects – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL. 5. CWSRF Federal Reporting Information form – Must be completed in EAGL. 6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes construction of a wastewater or stormwater facility construction) – Must be completed in EAGL. 7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must be completed in EAGL. 8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must be uploaded to the Environmental and Cultural Review form in EAGL. A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron Template Version 12/10/2020 Page 108 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 23 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency . The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds . This includes all the requirements in Section 4 and this Section. E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website . F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to enhance public awareness of EPA assistance agreements nationwide . Signage guidance can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility- project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a Template Version 12/10/2020 Page 109 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 24 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over the term of this loan “Loan Term” as outlined in this agreement . J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all the covenants , agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT . 4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever . 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it . 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan . Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies , the payment shall be due on the next business day for Washington State agencies . Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager . No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment Template Version 12/10/2020 Page 110 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 25 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement . 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office . K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations . Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for Template Version 12/10/2020 Page 111 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 26 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act and make such records available for review upon request . The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request . O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of Ecology. This includes but is not limited to: - The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc. - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33 - The American Iron and Steel Act (Buy American) - The Build America Buy America Act (BABA) (equivalency projects only)” P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan , have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. Template Version 12/10/2020 Page 112 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 27 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system . 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges . Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property . Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, Template Version 12/10/2020 Page 113 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 28 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all the termination or default remedies provided in this agreement , the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined . T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user-charge system will include provisions for a connection charge . In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. Template Version 12/10/2020 Page 114 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 29 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $30,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1.Procure or obtain; 2.Extend or renew a contract to procure or obtain; or 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf> , section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or Template Version 12/10/2020 Page 115 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 30 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 Page 116 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 31 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement , providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered , disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements . * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). Template Version 12/10/2020 Page 117 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 32 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site . • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site . c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted . b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure . d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk . To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and Template Version 12/10/2020 Page 118 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 33 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement 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. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request . b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such Template Version 12/10/2020 Page 119 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 34 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 Page 120 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 35 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to Template Version 12/10/2020 Page 121 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 36 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS Template Version 12/10/2020 Page 122 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 37 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 Page 123 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 38 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments . Template Version 12/10/2020 Page 124 of 268 WQC-2024-Pasco-00091 PWRF PH2 - Winter Storage Ponds City of Pasco Page 39 of 39State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 Page 125 of 268 Estimated loan repayment schedule Loan number:EL240557 Agreement #:WQC-2024-Pasco-00091 Recipient name:PASCO CITY OF Amortization method:Compound-365 D/Y Initiation of Operations:12/31/2025 Project Completion:6/30/2026 Schedule number:AS-000000796 Loan amount:$34,934,159.00 Term of loan:20 Years Effective interest rate:1.200% Interest compounded:Monthly Loan date:12/31/2026 Schedule creation date:2/6/2024 Payment number Due date Payment amount Principal amount Interest amount Admin amount Balance amount 1 12/31/2026 991,165.51 569,642.25 316,142.44 105,380.82 34,364,516.75 2 6/30/2027 991,165.51 784,462.25 155,027.44 51,675.82 33,580,054.50 Subtotal FY 2027 1,982,331.02 1,354,104.50 471,169.88 157,056.64 33,580,054.50 3 12/30/2027 991,165.51 789,180.81 151,488.52 50,496.18 32,790,873.69 4 6/30/2028 991,165.51 793,927.75 147,928.32 49,309.44 31,996,945.94 Subtotal FY 2028 1,982,331.02 1,583,108.56 299,416.84 99,805.62 31,996,945.94 5 12/30/2028 991,165.51 798,703.24 144,346.70 48,115.57 31,198,242.70 6 6/30/2029 991,165.51 803,507.46 140,743.54 46,914.51 30,394,735.24 Subtotal FY 2029 1,982,331.02 1,602,210.70 285,090.24 95,030.08 30,394,735.24 7 12/30/2029 991,165.51 808,340.57 137,118.70 45,706.24 29,586,394.67 8 6/30/2030 991,165.51 813,202.75 133,472.07 44,490.69 28,773,191.92 Subtotal FY 2030 1,982,331.02 1,621,543.32 270,590.77 90,196.93 28,773,191.92 9 12/30/2030 991,165.51 818,094.19 129,803.49 43,267.83 27,955,097.73 10 6/30/2031 991,165.51 823,015.04 126,112.85 42,037.62 27,132,082.69 Subtotal FY 2031 1,982,331.02 1,641,109.23 255,916.34 85,305.45 27,132,082.69 11 12/30/2031 991,165.51 827,965.49 122,400.01 40,800.01 26,304,117.20 12 6/30/2032 991,165.51 832,945.72 118,664.84 39,554.95 25,471,171.48 Subtotal FY 2032 1,982,331.02 1,660,911.21 241,064.85 80,354.96 25,471,171.48 13 12/30/2032 991,165.51 837,955.90 114,907.21 38,302.40 24,633,215.58 14 6/30/2033 991,165.51 842,996.23 111,126.96 37,042.32 23,790,219.35 Subtotal FY 2033 1,982,331.02 1,680,952.13 226,034.17 75,344.72 23,790,219.35 15 12/30/2033 991,165.51 848,066.86 107,323.99 35,774.66 22,942,152.49 16 6/30/2034 991,165.51 853,168.00 103,498.13 34,499.38 22,088,984.49 Subtotal FY 2034 1,982,331.02 1,701,234.86 210,822.12 70,274.04 22,088,984.49 17 12/30/2034 991,165.51 858,299.83 99,649.26 33,216.42 21,230,684.66 18 6/30/2035 991,165.51 863,462.52 95,777.24 31,925.75 20,367,222.14 Page 126 of 268 Payment number Due date Payment amount Principal amount Interest amount Admin amount Balance amount Subtotal FY 2035 1,982,331.02 1,721,762.35 195,426.50 65,142.17 20,367,222.14 19 12/30/2035 991,165.51 868,656.26 91,881.94 30,627.31 19,498,565.88 20 6/30/2036 991,165.51 873,881.25 87,963.19 29,321.07 18,624,684.63 Subtotal FY 2036 1,982,331.02 1,742,537.51 179,845.13 59,948.38 18,624,684.63 21 12/30/2036 991,165.51 879,137.66 84,020.89 28,006.96 17,745,546.97 22 6/30/2037 991,165.51 884,425.69 80,054.86 26,684.96 16,861,121.28 Subtotal FY 2037 1,982,331.02 1,763,563.35 164,075.75 54,691.92 16,861,121.28 23 12/30/2037 991,165.51 889,745.53 76,064.98 25,355.00 15,971,375.75 24 6/30/2038 991,165.51 895,097.37 72,051.10 24,017.04 15,076,278.38 Subtotal FY 2038 1,982,331.02 1,784,842.90 148,116.08 49,372.04 15,076,278.38 25 12/30/2038 991,165.51 900,481.39 68,013.09 22,671.03 14,175,796.99 26 6/30/2039 991,165.51 905,897.81 63,950.77 21,316.93 13,269,899.18 Subtotal FY 2039 1,982,331.02 1,806,379.20 131,963.86 43,987.96 13,269,899.18 27 12/30/2039 991,165.51 911,346.80 59,864.03 19,954.68 12,358,552.38 28 6/30/2040 991,165.51 916,828.57 55,752.70 18,584.24 11,441,723.81 Subtotal FY 2040 1,982,331.02 1,828,175.37 115,616.73 38,538.92 11,441,723.81 29 12/30/2040 991,165.51 922,343.31 51,616.65 17,205.55 10,519,380.50 30 6/30/2041 991,165.51 927,891.23 47,455.71 15,818.57 9,591,489.27 Subtotal FY 2041 1,982,331.02 1,850,234.54 99,072.36 33,024.12 9,591,489.27 31 12/30/2041 991,165.51 933,472.51 43,269.75 14,423.25 8,658,016.76 32 6/30/2042 991,165.51 939,087.37 39,058.60 13,019.54 7,718,929.39 Subtotal FY 2042 1,982,331.02 1,872,559.88 82,328.35 27,442.79 7,718,929.39 33 12/30/2042 991,165.51 944,736.00 34,822.13 11,607.38 6,774,193.39 34 6/30/2043 991,165.51 950,418.60 30,560.18 10,186.73 5,823,774.79 Subtotal FY 2043 1,982,331.02 1,895,154.60 65,382.31 21,794.11 5,823,774.79 35 12/30/2043 991,165.51 956,135.39 26,272.59 8,757.53 4,867,639.40 36 6/30/2044 991,165.51 961,886.56 21,959.21 7,319.74 3,905,752.84 Subtotal FY 2044 1,982,331.02 1,918,021.95 48,231.80 16,077.27 3,905,752.84 37 12/30/2044 991,165.51 967,672.33 17,619.88 5,873.30 2,938,080.51 38 6/30/2045 991,165.51 973,492.90 13,254.46 4,418.15 1,964,587.61 Subtotal FY 2045 1,982,331.02 1,941,165.23 30,874.34 10,291.45 1,964,587.61 39 12/30/2045 991,165.51 979,348.48 8,862.77 2,954.26 985,239.13 40 6/30/2046 991,165.36 985,239.13 4,444.67 1,481.56 0.00 Subtotal FY 2046 1,982,330.87 1,964,587.61 13,307.44 4,435.82 0.00 Grand total 39,646,620.25 34,934,159.00 3,534,345.86 1,178,115.39 0.00 Page 127 of 268 Department of Ecology Construction Loan Agreement - PWRF Phase 2 Pa g e 1 2 8 o f 2 6 8 Ecology Loan Agreement WQC-2024-Pasco-00091 Construction Loan for PWRF Imp. Phase 2 TOTAL AWARD: $ 34,934,159.00 20-year loan term at 1.2% interest Agreement scope includes Ecology loan administration Fully funded construction, including CM services and inspection Pa g e 1 2 9 o f 2 6 8 Project Location PWRF Phase 2 Project Site E Foster Wells Road Existing PWRF facilityPhase 3 Site Pa g e 1 3 0 o f 2 6 8 Phase 2 Winter Storage Improvements 106MG Pond 103MG Pond 120MG Pond Existing PWRF facility PWRF Improvements Phase 3 Phase 2 site Pa g e 1 3 1 o f 2 6 8 Existing Storage Ponds Pa g e 1 3 2 o f 2 6 8 Questions? Pa g e 1 3 3 o f 2 6 8 AGENDA REPORT FOR: City Council February 28, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 3/4/24 FROM: Maria Serra, Interim Director Public Works SUBJECT: Resolution No.4426 - Ratification of Acquisition of USBR Parcel No. 113140039 I. REFERENCE(S): Resolution Exhibit - USBR Quit Claim Deed Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4426, ratifying the purchase of land from the United States Department of the Interior Bureau of Reclamation (USBR) via contract no. 23-07-166-L6625 for parcel no. 113140039. III. FISCAL IMPACT: Contract No. 23-07-16-L6625 was structured to provide a one-time lump-sum payment, utilizing a purchase price of $1,500.00 per acre (containing 160 acres more or less). The lump sum payment of $240,000.00 was issued in December 2023 to finalize the land purchase process with the United States Department of the Interior Bureau of Reclamation (USBR). IV. HISTORY AND FACTS BRIEF: Through Council's approval of Resolution No. 4367 on August 21, 2023, the City Manager was authorized to contract with the United States Department of the Interior, Bureau of Reclamation (USBR) for the purchase of lands (Parcel Nos. 113090058 and 124710054) in the total amount of $360,000.00. This land acquisition was conveyed through a quitclaim deed to the City of Pasco in association with the Process Water Reuse Facility (PWRF) Phase 2 - Winter Storage Pond project. Since the abovementioned USBR parcel acquisitions occurred, The City then Page 134 of 268 entered into Contract No. 23-07-16-L6625 with USBR on December 19, 2023, for the quitclaim deed acquisition of the third and final parcel (No. 113140039) in the amount of $240,000.00. The referenced construction project will install three additional winter storage ponds on one of the parcels, with significant quantities of excess materials generated by the pond excavation activities being hauled to and placed on the remaining parcels. The acquisition of this land was a pivotal milestone for the recent initiation of construction activities for the PWRF Phase 2 Improvements project. Securing advanced approval for purchasing of these lands became a strategic necessity to avert unwarranted delays in the project timeline. However, a procedural oversight in real property acquisition was discovered after proceeding with the execution of Contract No. 23-07-16-L6625 with USBR. delegated Manager’s the exceeds City contract total The value authority to acquire real property on behalf of the City for Council-approved capital projects in accordance with Resolution No. 3995 adopted on November 2, 2020. To remedy this procedural oversight immediately, the approval of Contract No. 23-07-16-L6625 of No. Parcel acquisition 113140039 for USBR with the being plan action preventative is Council. by ratification requires A implemented to ensure this type of procedural error does not occur during the execution of other capital projects in the future. V. DISCUSSION: This item was discussed at the February 26, 2024, Council Workshop meeting. Staff associated approval the recommends ratification Council with of execution of Contract No. 23-07-16-L6625 with USBR for purchase of lands used to support timely construction of the PWRF - Phase 2 Winter Storage Pond project. Page 135 of 268 Resolution – USBR Land Purchase for PWRF - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, RATIFYING PURCHASE OF LAND FROM UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION (USBR) VIA CONTRACT NO. 23-07-16-L6625 FOR PARCEL NO. 113140039. WHEREAS, the City of Pasco (City) owns, operates, and maintains the Process Water Reuse Facility (PWRF) and 14 nearby farm circles for the treatment and disposal of industrial wastewater from several local agricultural processors; 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 land identified by the Franklin County Auditor as Parcel No. 113140039 (containing 160 acres more or less); and WHEREAS, the City and the USBR entered into Contract No. 23-07-16-L6625 on December 13, 2023, for a total price of $240,000.00 for the purchase of the above identified parcel; and WHEREAS, City Council adopted Resolution 3995 granting the City Manager, or his/her designee, the authority to acquire real property on behalf of the City up to an amount of $150,000.00 for approved capital projects specified in the adopted Capital Improvement Program (CIP) or approved budget; and WHEREAS, execution of Contract No. 23-07-16-L6625 exceeds the City Manager’s authority as stipulated within Resolution 3995 and thus requires Council’s ratification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the execution of Contract No. 23-07-16-L6625 with the United States Department of the Interior Bureau of Reclamation, incorporated herein by this reference as Exhibit A, is hereby ratified by City Council. Be It Further Resolved, that this Resolution shall take effect immediately. Page 136 of 268 Resolution – USBR Land Purchase for PWRF - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 137 of 268 EXHIBIT A Page 138 of 268 Page 139 of 268 Page 140 of 268 Page 141 of 268 Page 142 of 268 Page 143 of 268 Page 144 of 268 Page 145 of 268 Page 146 of 268 Page 147 of 268 Page 148 of 268 Page 149 of 268 Page 150 of 268 Page 151 of 268 Page 152 of 268 Page 153 of 268 Ratification of USBR Parcel No. 113140039 Acquisition February 26, 2024 Pa g e 1 5 4 o f 2 6 8 PWRF - USBR Parcel Location Map Pa g e 1 5 5 o f 2 6 8 Overview of USBR Land Acquisitions USBR Parcel Purchase Price Breakdown* Previously approved$240,000.00Parcel No. 113090058 (160 acres more or less) Previously approved$120,000.00Parcel No. 124710054 (80 acres more or less) $240,000.00Parcel No. 113140039 (160 acres more or less) *Evaluated at a purchase price of $1500 per acre. Pa g e 1 5 6 o f 2 6 8 Overview of USBR Land Acquisitions Summary Executed Agreements with USBR •Contract No. 23-07-16-L6276 •Adopted by Resolution No. 4367 on August 21, 2023 •Purchase of Parcel Nos. 113090058 and 124710054 •Contract No. 23-07-16-L6625 (Requires Council Ratification) •Purchase of Parcel No. 113140039 Pa g e 1 5 7 o f 2 6 8 Questions? Pa g e 1 5 8 o f 2 6 8 AGENDA REPORT FOR: City Council February 28, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 3/4/24 FROM: Maria Serra, Interim Director Public Works SUBJECT: Resolution No. 4427 - Sole Source for Caustic Soda Purchase I. REFERENCE(S): Resolution Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4427, waiving the competitive bidding requirements and approving the purchase of Sodium Hydroxide 50% Solution (Caustic Soda) from Northstar Chemical, Inc. for the City of Pasco Wastewater Treatment Plant. III. FISCAL IMPACT: Sodium uses (WWTP) Treatment Plant Pasco of City The Wastewater Hydroxide 50% Solution (Caustic Soda). The current cost of Sodium Hydroxide 50% Solution (Caustic Soda) is $0.2275 per pound. The WWTP anticipates purchasing 1,200,000 pounds per calendar year. As a note, in 2023, the City of Pasco Public Works Department spent $420,462.85 purchasing Caustic Soda for the WWTP. IV. HISTORY AND FACTS BRIEF: The City of Pasco Wastewater Treatment Plant (WWTP) at 1015 S. Grey Avenue, Pasco, WA 99301 needs Sodium Hydroxide 50% Solution (Caustic Soda) for wastewater pH treatment at the WWTP. The WWTP has a caustic soda by owned pad containment storage and tank Northstar secondary Chemical Inc. City of Pasco purchases the caustic soda from Northstar Chemical, Inc. Page 159 of 268 V. DISCUSSION: This item was presented to Council at the February 26, 2024, Council Workshop meeting. Staff recommends approval of the attached resolution and agreement authorizing purchase of Sodium Hydroxide 50% Solution (Caustic Soda) from Northstar Chemical, Inc for the City's Public Works Department. Page 160 of 268 Resolution Sole Source Purchase of Caustic Soda - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND APPROVING THE PURCHASE OF SODIUM HYDROXIDE 50% SOLUTION (CAUSTIC SODA) FROM NORTHSTAR CHEMICAL, INC. FOR THE CITY OF PASCO WASTEWATER TREATMENT PLANT. WHEREAS, it is critical for the City of Pasco (City) to have proper chemicals to perform wastewater treatment at the Wastewater Treatment Plant (WWTP); and WHEREAS, the City has the need to purchase Sodium Hydroxide 50% solution (caustic soda) on a regular basis; and WHEREAS, the City currently uses Sodium Hydroxide 50% solution (caustic soda) supplied by Northstar Chemical, Inc. and Northstar Chemical-owned tanks; and WHEREAS, the Council of the City of Pasco hereby determines that the paramount considerations in the acquisition of Sodium Hydroxide 50% solution (caustic soda) is compatible with existing equipment, inventory and systems; and WHEREAS, the use of Sodium Hydroxide 50% solution (caustic soda) equipment is clearly and legitimately limited to a single source of supply, as detailed in the Sole Source Worksheet attached hereto as Exhibit A, to support current operation standards, this purchase becomes subject to waiving competitive bidding requirements per RCW 35.23.352(9) competitive bidding requirements and RCW 39.04.280(1)(a) sole source and RCW 39.04.280 (1)(b) special market conditions; and WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source exemption the City Council must first adopt a Resolution reciting the factual basis supporting the exemption; and WHEREAS, the City Council pursuant to 39.04.280(2)(a) finds that such factual basis as described herein and detailed in the Sole Source Worksheet does support application of the sole source exemption as pertaining to the purchase of Sodium Hydroxide 50% solution (caustic soda) for the WWTP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: The City Council of Pasco hereby find the above-described circumstance is justification for the waiver of bidding requirements under the authority of RCW 35.23.352(9) and pursuant to sole source provider (RCW 39.04.280(1)(a)) and special facilities or market conditions (RCW 39.04.280(1)(b)) and, therefore, the bidding requirement is hereby waived for the purchase of Sodium Hydroxide 50% solution (caustic soda) from Northstar Chemical, Inc. Page 161 of 268 Resolution Sole Source Purchase of Caustic Soda - 2 Be It Further Resolved, that the City of Pasco Public Works Department purchase Sodium Hydroxide 50% solution (caustic soda) from Northstar Chemical, Inc for a minimum amount of 48,000 pounds throughout the 5-year agreement. As a note, in 2023 the City of Pasco Public Works Department spent $420,462.85 purchasing Sodium Hydroxide 50% solution (caustic soda) for the Wastewater Treatment Plant. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this ____ day of _________, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 162 of 268 Resolution Sole Source Purchase of Caustic Soda - 3 Exhibit A SOLE SOURCE WORKSHEET Requisition Item: Sodium Hydroxide 50% Solution (Caustic Soda) Requisition No. Prior Purchase Order Number (if item had been approved previously): signed agreement October 29, 2014. 1. Please describe the items and its function: Chemical used in wastewater treatment for at the City Wastewater Treatment Plant (WWTP). 2. This is a sole source because: ☒ sole provider of a licensed or patented good or service ☒ sole provider of items that are compatible with existing equipment, inventory, systems, programs or services ☒ sole provider of goods and services for which the City has established a standard ☐ sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or in an attachment) ☐ the vendor/distributor is a holder of a used item that would represent good value and is advantageous to the City (please attach information on market price survey, availability, etc.) 3. What necessary features does this vendor provide which are not available from other vendors? Please be specific. The vendor owns & provides the chemical tank and equipment necessary onsite for storing the chemical (sodium hydroxide 50% solution/caustic soda). 4. What steps were taken to verify that these features are not available elsewhere? ☐ Other brands/manufacturers were examined (please list phone numbers and names and explain why these were not suitable). ☐ Other vendors were contacted (please list phone numbers and names and explain why these were not suitable). X Vendor owns existing equipment and is replacing failed equipment. 5. Sole source vendor certifies that the City is getting the lowest price offered for the item. Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source purchases are normally not allowed except when based upon strong technological grounds such as operational compatibility with existing equipment and related parts or upon a clearly unique and cost effective feature requirement. Page 163 of 268 Resolution Sole Source Purchase of Caustic Soda - 4 Certification of Need This recommendation for sole source is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part of personal involvement in any way with this request. No gratuities, favors or comprising actions have been taken. Neither has my personal familiarity with particular brands, types or equipment, materials or firm been a deciding influence on my request to sole source this purchase. By: Puna Clarke, PE - Public Works Senior Engineer Date: 01-31-2024 Page 164 of 268 PRODUCT & EQUIPMENT AGREEMENT The agreement made by and between City of Pasco, WA, Wastewater Treatment Plant (WWTP), 1015 S. Grey Avenue, Pasco, WA 99301 , hereafter referred to as “Buyer”, and NORTHSTAR CHEMICAL INC., 14200 SW Tualatin-Sherwood Road, Sherwood, OR 97140, hereafter referred to as NORTHSTAR CHEMICAL and, or “Seller”. 1) Buyer agrees to purchase and receive from said Seller the Product herein described for a period of five (5) years from the later of the signed acceptance dates below with five (5) year renewal term periods, subject to termination by Buyer or Seller upon sixty (60) days prior written notice to the end of each term; and subject to the terms and conditions below and on the attached paged. Material Quantity Additional Notes Sodium Hydroxide 50% solution Minimum 48,000 pound deliveries Current price is $0.2275 per pound Approximately 1,200,000 pounds per calendar year. FOB: WWTP facility Deliveries are to be made with a minimum three-business day lead-time and in approximately equal installments throughout the term of this Agreement. The buyer agrees to order a minimum of 48,000 pounds. 2) Terms shall be Net 30 days from the date of delivery. 3) Seller agrees to provide the following equipment to Buyer subject to terms & conditions below, and on the reverse side. Tank Size Specifics Secondary Containment Size Specifics 7,030 gallons Single wall IMFO tank (engineered bottom outlet). Foam insulated. Tank pad 4 inches thick. Seismic Tie Down kit unless current kit can be used. 8,976 gallons Immersion heater, 480-volt/3-phase/30-amp (existing on 6650 SafeTank). Two inch tank adaptor for top fill. Reverse Level Indicator. 3-inch vent pipe. ½-inch well pipe with foot valve 6 inches off bottom tank. Telemetry device (existing unit on 6650 gallon Safetank) 4) The buyer agrees to use the said Storage Tank(s) only for the storage of Product(s) listed above obtained from Northstar Chemical. Northstar Chemical makes no warranty (including expressed or implied warranties) of any kind and does not accept any liability for damages to persons and property, resulting from any other party, person or entity, including Buyer or its agents, filling the Storage Tank(s), improperly storing material or filling the Storage Tank(s) with incompatible material, or mishandling the Storage Tank(s) and Equipment. 5) The buyer agrees to keep any secondary containment vessel clean and dry of all materials and any drain valve on containment closed at all times except with respect to monitored removal of accumulated materials. The buyer is responsible for complying with all federal, state or local regulations in the treatment or disposal of such materials. 6) Storage Tank(s) and Equipment will remain the sole property of NORTHSTAR CHEMICAL while in Buyer’s possession. No party other than NORTHSTAR CHEMICAL or its agent(s) may fill said Storage Tank(s). The buyer shall do all things reasonably necessary to protect the title of NORTHSTAR CHEMICAL to said Storage Tank(s) and Equipment. 7) Buyer agrees to notify NORTHSTAR CHEMICAL immediately by telephone, (and in writing within 24 hours) of any defects, problems or complaints related to the Storage Tank(s) and Equipment and agrees that it will have no remedy against NORTHSTAR CHEMICAL unless such notice is given. NORTHSTAR CHEMICAL may enter Buyer's premises to maintain and / or repair said Storage Tank(s) and Equipment at a reasonable time and when scheduled with Buyer. NORTHSTAR CHEMICAL will carry a General Liability Insurance policy of $1,000,000 per occurrence for damages, which result from any incident caused by NORTHSTAR CHEMICAL related to filling of the Storage Tank(s), or damage to or maintenance or repair of the Storage Tank(s) by NORTHSTAR CHEMICAL. NORTHSTAR CHEMICAL’S responsibility is limited to maintenance and repair of the Storage Tank(s). The buyer will maintain and repair any air abatement device including proper solution level and/or pH, site tube, pumps, piping or any other equipment. The buyer also agrees to maintain prudent levels of public liability and property damage insurance throughout the term of the Agreement. 8) Buyer shall assist NORTHSTAR CHEMICAL and take full responsibility in the determination of the locations of said Storage Tank(s) and Equipment on the property of Buyer and shall be responsible for acquiring and complying with any required permits for the equipment or installation. The buyer shall not move Storage Tank(s) and Equipment without the prior written consent of NORTHSTAR CHEMICAL. Page 165 of 268 9) Should Buyer decide to discontinue purchase of NORTHSTAR CHEMICAL Product(s), in accordance with the terms of this Agreement, Buyer shall purge and clean the Storage Tank(s) of all Product and residue and return to NORTHSTAR CHEMICAL freight prepaid, or allow NORTHSTAR CHEMICAL free access to remove said Storage Tank(s) and Equipment with Buyer to pay for reasonable transportation, pump- out and disposal costs. Accepted (for Buyer): Accepted (for Seller): Northstar Chemical, Inc. Print Name Print Name Signature Signature Date Date CONDITIONS TO PRODUCT/EQUIPMENT AGREEMENT A. If, during the period covered by this Product and Equipment Agreement (hereafter referred to as the “Agreement”), Buyer can purchase Product of equal quality and quantity, and for a like use from a manufacturer located within the United States at lower prices than specified herein, Seller shall from month to month upon presentation of satisfactory written evidence thereof, either meet said lower prices during the time in which they continue to be lower or permit Buyer to purchase such comparable Product elsewhere during such time. Quantities so purchased shall be deducted from the quantity otherwise deliverable hereunder. B. When in the opinion of Seller there is a period of shortage of supply of said Product for any reason, Seller may allocate its available supply among any or all of its various customers upon such basis as it shall deem fair and practicable with no liability on its part for failure to deliver the quantity or any portion thereof herein specified. C. Prices are subject to change with written notification by Seller. D. Either Seller or Buyer shall be excused from performance of their obligations hereunder when and to the extent that such performance is delayed or prevented by any circumstances reasonably beyond its control or by fire, explosion, any strike or labor dispute or any act or omission of any Governmental authority (including, in Buyer's case, if its need for the Material or Work is reduced or eliminated, and in Seller's case, if there is a shortage of Material or Seller is unable to obtain (on terms and conditions deemed economically and commercially practicable by Seller) any raw material (including energy), equipment or transportation. Additionally, if either party determines that it will incur economic hardship at any time during the term of the agreement because of a change in circumstances from those which existed at the time the agreement started, including but not limited to cost increases sustained by Seller (for example, costs related to energy and transportation) which Seller cannot immediately pass through to Buyer, said party incurring economic hardship may terminate the agreement with respect to future purchases if the other party cannot or will not agree to grant relief from such economic hardship within seven (7) days from the date the party to incur such hardship requests relief. E. Seller holds the right to remove the storage tank in the event that the Seller determines that the Buyer is not handling, storing or applying the Product in a safe, lawful or responsible manner and if the Customer’s purchase of the product is below the Buyer’s stated Total Annual Requirement. F. If Seller shall be unable, by reason of any governmental decision, order, or law, to sell the Product at the prices herein specified or at such other prices as it may desire to establish under the provisions of paragraph "C" aforesaid, Seller may terminate this Agreement by mailing written notice to Buyer. G. All payments due under this Agreement shall be made in lawful money of the United States at the office of the Seller. A security interest in all goods sold under this Agreement, and in any proceeds therefrom, remains in the Seller until the full purchase price shall have been paid in cash. On request, Buyer shall execute and deliver or cause to be executed and delivered, to Seller, any and all documents or financial statements which the Seller will reasonably require to perfect and/or protect Seller's security interest in the goods or proceeds. H. If Buyer shall fail to make payments when same becomes due or if Seller shall become dissatisfied as to Buyer's financial responsibility or if Buyer files a voluntary petition under any Federal or State Bankruptcy Act or is adjudicated bankrupt, Seller may decline to make deliveries under this Agreement, except upon receipt of cash or satisfactory security. I. Seller makes no warranty of any kind whatsoever, either expressed or implied, except the warranty that the Product sold shall be meet specifications attached hereto and be of merchantable quality. Buyer assumes complete responsibility for and agrees to hold Seller and its officers and employees harmless and defend and indemnify them from all results, including damage to and loss of property and injury to or death of persons, arising out of the handling, storage or use of said Product or Equipment by Buyer or any other person or entity, whether or not said Product or Equipment is handled, stored, transported, disposed or used singly or in conjunction with other products. Further, Seller does not guarantee that the Product shall be free from patent infringements. (based on buyers use). J. The buyer shall be entitled to only rely on the manufacturer’s warranty for the Equipment. NORTHSTAR CHEMICAL specifically disclaims all guarantees and warranties, expressed or implied, including warranties of fitness for a particular purpose or performance of the primary and secondary tank bottom outlet system. The buyer agrees to assert any warranty claims against the manufacturer of the equipment and agrees not to assert any such claim against NORTHSTAR CHEMICAL. Buyer agrees to indemnify, defend and hold harmless NORTHSTAR CHEMICAL from any claim or demand relating to damages from anything other than NORTHSTAR Chemical’s maintenance or repair of the Storage Tank and NORTHSTAR CHEMICAL being found to be negligent, except as indicated in condition U. This indemnification will include any reasonable attorney’s fees and costs. K. NORTHSTAR CHEMICAL specifically disclaims all guarantees and warranties, expressed or implied, including warranties of fitness for a particular purpose. To the extent permitted by the Oregon Constitution and Oregon tort Claims Act, the Buyer agrees to indemnify, defend and hold harmless NORTHSTAR CHEMICAL from any claim or demand relating to damages from anything other than NORTHSTAR CHEMICAL’s filling, maintenance or repair of the Storage Tank. This indemnification will include any reasonable attorney’s fees and costs L. Seller shall not be liable for any failure to perform this Agreement where such failure is due to circumstances beyond its control. Circumstances beyond the control of the Seller shall be deemed to include but shall not be limited to the following: Act of God, fire, flood, war, government action, accident, labor trouble and inability to obtain Product, equipment or transportation. M. Prices herein specified are based upon present taxes (other than sales taxes), freight rates, Internal Revenue charges, United States Tariff classifications, and import duties. Any increased costs resulting from changes in the aforesaid or from Buyer's selection of means of transportation shall be charged to Buyer. Further, Buyer shall reimburse Seller for all taxes or other charges by any national, state or municipal government upon the sale, use, production, or transportation of materials, which Seller shall be required to pay. All war-risk insurance, harbor charges, tolls, wharfage, demurrage, wharf handling or warehousing, together with any increase over current rates on marine or other insurance, shall be charged to Buyer as an addition to prices specified. Page 166 of 268 N. No claim of any kind, whether as to Product delivered or for non-delivery of goods, shall be greater in amount than this Agreements purchase price of the Products in respect of which such damages are claimed, and failure to give notice of claim within ten (10) days from date of delivery, or the date fixed for delivery, whichever date is applicable, shall constitute a waiver by the Buyer of all claims in respect of such Product. The product shall not be returned to Seller without Seller's permission. No claim shall be allowable after goods have been processed in any manner. O. For mini-bulk deliveries, the obligation of Seller to deliver Product shall be deemed fulfilled when it has delivered the same in the merchantable condition into the Storage Tanks(s) at Buyer’s location. For mini-bulk deliveries, risk and expense of loss or damage to all Product sold hereunder shall pass to Buyer upon delivery into Storage Tank(s) at Buyer’s location. P. For full tank truck or railcar quantities, the obligation of seller to deliver Product shall be deemed fulfilled when it has delivered the same in good condition to a carrier at shipping point, the carrier acting as an agent of Buyer, or to Buyer’s location if Seller delivers directly thereto. Risk and expense of loss or damage to all Product sold hereunder shall pass to Buyer upon Seller’s delivery to a carrier at shipping point, or to Buyer’s location if Seller delivers directly thereto. Q. Seller's weights taken at the shipping point shall govern for full tank truck quantity. Seller’s small bulk truck delivery will be determined by the volume unloaded at the delivery point. R. Buyer shall not assign its rights or delegate its duties under this Agreement, in whole or in part, without the prior written consent of Seller. S. It is expressly understood that any technical advice furnished by Seller with reference to the use of its Product is given gratis and as a courtesy and Seller assumes no obligation or liability for the advice given or results obtained, all such advice being given and accepted at Buyer's risk. T. The waiver of any breach of the terms and conditions of this Agreement shall not be deemed to be a waiver of any subsequent breach of the terms and conditions hereof. U. This Agreement constitutes the entire contract between the parties for sale and purchase of Equipment specified herein. It shall not be altered or amended, nor its terms waived, except by an instrument in writing, signed by the parties to be bound thereby. No terms or conditions other than those contained in this Agreement, and no agreement or understanding in any way modifying, conflicting with or changing the terms and conditions of the Agreement, shall be binding on Seller or otherwise alter, or restrict the terms of this Agreement unless specifically agreed to in writing by the Seller. V. The Agreement shall be binding upon and inure to the benefit of Buyer and Seller and their respective successors. If any provision in this Agreement is invalid or unenforceable in any respect, the validity or enforceability of the remaining provisions of this Agreement shall not be affected. The Agreement shall be governed by the laws of the State of Oregon. W. Northstar Chemical responsibility is specifically limited only to damages which result from Northstar Chemical filling the equipment and if Northstar Chemical is found to be solely negligent. Accepted By (initial): Date Page 167 of 268 Pasco City Council Workshop Meeting February 26, 2024 Pa g e 1 6 8 o f 2 6 8 Sole Source for Caustic Soda Purchase & Delivery for Wastewater Treatment Plant WWTP Pa g e 1 6 9 o f 2 6 8 Sole Source for Caustic Soda Purchase & Delivery for Wastewater Treatment Plant Caustic Soda Tank and pad Pa g e 1 7 0 o f 2 6 8 Sole Source for Caustic Soda Purchase & Delivery for Wastewater Treatment Plant •Sodium Hydroxide 50% Solution (Caustic Soda) Purchase & Delivery •Northstar Chemical, Inc. currently owns existing equipment and is replacing equipment •Minimum 48,000 pounds •Current price $0.2275/pound •Anticipated 1,200,000 pounds per calendar year Pa g e 1 7 1 o f 2 6 8 Questions? Pa g e 1 7 2 o f 2 6 8 AGENDA REPORT FOR: City Council February 27, 2024 TO: Adam R. Lincoln, City Manager City Council Regular Meeting: 3/4/24 FROM: Maria Serra, Interim Director Public Works SUBJECT: Resolution No. 4428 - Supplement No. 1 with HDR, Inc. for Sylvester Street Safety Improvements I. REFERENCE(S): Resolution Exhibit A - Professional Service Agreement (PSA) Supplemental Agreement No. 1 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: City authorizing 4428, No. the approve to move Resolution I Manager to execute Supplemental No. 1 with HDR Engineering, Inc., for construction management support services for the Sylvester Street Safety Improvements project. III. FISCAL IMPACT: Original Professional Services Agreement (PSA): $671,854.61 Proposed Supplement No. 1: $174,437.66 New PSA Total: $846,292.27 Revenues City of Pasco Funds $702,200 HSIP $1,522,900 Ped/Bike Program $2,675,800 Total Project Funds $4,900,900 IV. HISTORY AND FACTS BRIEF: The consultant selection process for engineering services for this project was performed including qualifications for design, permitting and construction Page 173 of 268 management experience in projects of similar scope and complexity. The original Professional Services Agreement (PSA) with HDR Engineering, Inc. was authorized on January 3, 2022, via Resolution No. 4136 with scope and fee for the design and project administration of the Sylvester Street Safety Improvements project. Previous agenda report can be accessed here: Weblink. The original PSA provided the possibility of construction support services. Staff recommends engaging HDR for full construction management services in this project based on staff availability, the extents of the project and level of documentation needed to meet federal and state requirements imposed by the funding sources for this project. Total estimated cost for Construction Management (CM) Services is $363,147.79. The current PSA has remaining budget (unspent from design and project administration). Ultimately reducing the amount of the amendment to $174.437.66. HDR for fee and scope No. will 1 Supplement provide Engineering, Inc. to perform full CM services. The Scope of Services, Basis of Fee, and Schedule are included within the attached Exhibit A. V. DISCUSSION: This item was presented to Council at the February 26, 2024, Workshop as a discussion item. Supplement No. 1 addressed the additional scope of work requested by the City for the Construction Management services for Sylvester Street Safety Improvements project. Staff recommends approval of PSA Supplement No. 1 with HDR Engineering, Inc. in the amount of $174,437.66. Page 174 of 268 Resolution – Sylvester Street Safety Improvements Agreement - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE SUPPLEMENT NO. 1 FOR THE PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR SYLVESTER STREET SAFETY IMPROVEMENTS PROJECT. WHEREAS, the City of Pasco (City) and HDR Engineering, Inc. entered into a Professional Services Agreement (PSA) on January 5, 2022, in the amount of $671,854.61 to provide project management services for the design of the Sylvester Safety Improvement Project; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into PSA Supplement No. 1 with HDR Engineering, Inc. for providing Construction Management Support Services for said project, remaining funds from the original PSA with an additional $174,437.66 from Supplement No. 1 will be used for this effort. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the PSA Supplement No.1 between the City of Pasco and HDR Engineering, Inc. as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said PSA Supplement No. 1 on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Supplement. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of ______________, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 175 of 268 Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on DQGLGHQWL¿HGDV$JUHHPHQW1R $OOSURYLVLRQVLQWKHEDVLFDJUHHPHQWUHPDLQLQHႇHFWH[FHSWDVH[SUHVVO\PRGL¿HGE\WKLVVXSSOHPHQW The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II 6HFWLRQ,97,0()25%(*,11,1*$1'&203/(7,21LVDPHQGHGWRFKDQJHWKHQXPEHURIFDOHQGDUGD\V for completion of the work to read: III 6HFWLRQ93$<0(17VKDOOEHDPHQGHGDVIROORZV DVVHWIRUWKLQWKHDWWDFKHG([KLELW$DQGE\WKLVUHIHUHQFHPDGHDSDUWRIWKLVVXSSOHPHQW If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate VSDFHVEHORZDQGUHWXUQWRWKLVRႈFHIRU¿QDODFWLRQ By:By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 City of Pasco HDR Engineering, Inc. January 5, 2022 22-001 Construction management (CM) services are added. See "Exhibit B" January 31, 2026 Additional supplemental budget. See Exhibit "A" summary below and Exhibit "D" Prime Consultant Cost Computations attached hereto and made a part of this agreement. 1 22-001 HDR Engineering, Inc. 929 108th Avenue NE Suite 1300 Bellevue, WA 98004 425-450-6200 21227 January 31, 2026 Sylvester Street Safety Improvements $846,292.27 Lane reconfiguration (road diet) along the corridor with bike and pedestrian facilities on both sides of the roadway. Rectangular rapid flashing beacons, marked crosswalk, ADA curb ramp retrofit, audible pedestrian signal, signal adjustments. ADA curb ramp retrofits, and pedestrian countdown signal. The crossing over US-395 is not included. Fed Aid No. HSIP-HLP 3528(003) -- WSDOT Agreement No. LA10149 -- City of Pasco Project No. 21227 Rob Berman Page 176 of 268 Exhibit “A” Summary of Payments Basic Agreement Supplement #1 Total 'LUHFW6DODU\&RVW Overhead (Including Payroll Additives) 'LUHFW1RQ6DODU\&RVWV Fixed Fee Total DOT Form 140-063 Revised 09/2005 $178,240.11 $294,096.18 $177,572.22 $21,946.10 $671,854.61 $58,747.07 $96,932.67 $5,504.45 $13,253.47 $174,437.66 $236,987.18 $391,028.85 $183,076.67 $35,199.57 $846,292.27 Page 177 of 268 City of Pasco | Sylvester Street Safety Improvements Construction Management Services – Supplement #1 hdrinc.com 835 N Post Street, Suite 101, Spokane, WA 99201-2126 (509) 343-8500 1 Exhibit “B” Scope of Services Construction Management Services Sylvester Street Safety Improvements City Project No. 21227 January 2024 Background and Overview HDR Engineering, Inc. (HDR) and team previously completed tasks 1 through 10, and no further services are anticipated under those tasks. Under this supplemental agreement HDR will provide construction management services for the Sylvester Street Safety Improvements project (PROJECT). HDR will work under the direction of the City of Pasco (CITY). The HDR Resident Engineer will be in responsible charge of the project daily. HDR will not be responsible for the means and methods of work at the site and will not possess stop-work authority. The HDR Team will not be responsible for health or safety issues at the construction site. The following services will be included in Task 11 CONSTRUCTION MANAGEMENT SERVICES: TASK 11 CONSTRUCTION MANAGEMENT Scope of Services Overall Assumptions The project is estimated to physically begin May 2024 and to be completed by December 2024 with 110 working days allotted, and allowance for suspension of work to procure critical materials (traffic signal equipment and RRFBs). These services are assumed to be full time for 5 months for one lead inspector and part time for 8 months for one resident engineer, and part time for one inspector for 3 months. Invoicing will be completed monthly. Engineer of record office support including RFI responses, change management services, design revisions, and associated correspondence and support are estimated at the hours included in the negotiated labor estimate. If these services exceed the hours listed a supplemental service may be required. The engineer and construction management team have no control over contractor quality of submittals and number of RFI’s they submit. Submittals will be received and returned electronically in pdf format only. Hard copies will not be required. Record drawings are not included in this scope and will be considered a supplemental services amendment, if desired. There are no planned subconsultants. Surveying or Geotechnical services will be additional supplemental services if required. Exhibit "B" Page 178 of 268 City of Pasco | Sylvester Street Safety Improvements Construction Management Services – Supplement #1 hdrinc.com 835 N Post Street, Suite 101, Spokane, WA 99201-2126 (509) 343-8500 2 There are no materials testing services included in this agreement. All materials testing services will be completed by the CITY’s independent materials testing firm. The project will be constructed in accordance with the WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2023 edition (wsdot.wa.gov/publications/manuals/fulltext/M41-10/SS2023.pdf), the City of Pasco Design and Construction Standards and Specifications for Public Works Improvements, March 2022 (pasco-wa.gov/DocumentCenter/View/63756/Pasco-Design-and- Construction-Standards-May-2022), as modified by the Contract Documents, City Project No. 21227. The following services will be included in Task 11 Construction Management Services: 11.1 Project Management Objective The purpose of this task is to monitor, control and adjust scope, schedule, and budget as well as provide monthly status reporting, accounting, and invoicing of HDR’s work. HDR Services Prepare a Construction Management Plan (Project Guide) outlining the project scope, team organization, schedule, and communications information. Maintain Project Files o Each document, internal, incoming, or outgoing will be coded and filed in the appropriate file on the HDR ProjectWise server. The file codes include the HDR project number and the alphanumeric code for the folder the document is to be placed in. HDR will email the electronic files to the CITY or post on a OneDrive folder as requested by CITY. Coordinate and manage the project team. Prepare monthly status reports describing the following: o Services completed during the month o Services planned for the next month o Needs for additional information o Scope/schedule/budget issues o Schedule update and financial status summary Prepare monthly invoices formatted in accordance with contract terms. Meetings with City and general correspondence regarding the project. CITY Responsibilities Attend project management meetings. Timely processing and payment of invoices. Review and process contract change requests and amendments, if needed. Assumptions Project management meeting will be held three times, each lasting one hour with an additional hour of Project Manager time assumed for each meeting for preparation, follow-up, and notes. Invoices will be HDR standard invoice format in accordance with the contract terms. Expense backup will be provided in accordance with the contract terms. Exhibit "B" Page 179 of 268 City of Pasco | Sylvester Street Safety Improvements Construction Management Services – Supplement #1 hdrinc.com 835 N Post Street, Suite 101, Spokane, WA 99201-2126 (509) 343-8500 3 Deliverables Monthly reports and invoices (e-mailed PDF file) Monthly budget updates Project management meeting agenda and notes (e-mailed PDF files) 11.2 Engineer of Record Support Objective To provide support to the City and field staff for the review of Contractor developed questions, submittals, RFIs, change orders, and or design revisions to support the successful completion of the project. HDR Services HDR will review each RFI received from the Contractor for conformance with the contract document requirements and provide a response directing the Contractor to where the information can be found, or provide direction to clarify any ambiguity. HDR will review each submittal received from the Contractor for conformance with the contract document requirements for providing submittals (quantity, format, etc.); distribute copies to the appropriate reviewers; consolidate review comments; and return to the Contractor in accordance with the contract documents. HDR will review and evaluate changes for compliance with the design intent and provide documentation (technical data, sketches, revised drawings, etc.) for changes that affect the design of the project. HDR’s engineer of record will be available to answer questions and clarify the contract drawings and documents as needed throughout the duration of construction, as directed or requested by the City. City Responsibilities The City will support HDR if changes to the contract documents are needed by discussing options and providing direction when a response requires City input. Assumptions The number and quality of Contractor developed questions, submittals, RFIs, and/or change orders is outside the control of HDR and the estimated effort included in the labor breakdown may not be sufficient. If additional time is needed HDR will notify the City and any additional hours will be negotiated at that time and included in a future supplement if needed. Deliverables RFI responses for each submittal in pdf format sent via email or posted to OneDrive Revised Plan Sheets or Details in pdf format sent via email (only as needed) or posted to OneDrive in responses to any RFIs or Change Orders requiring it. Submittal reviews with stamps noting responses. (See Contract Administration task below for log and tracking) Informal Q&A responses and clarifications via email. Exhibit "B" Page 180 of 268 City of Pasco | Sylvester Street Safety Improvements Construction Management Services – Supplement #1 hdrinc.com 835 N Post Street, Suite 101, Spokane, WA 99201-2126 (509) 343-8500 4 11.3 Contract Administration Objective Provide construction administration management to capture, track, and report the status of project documents that provide for efficient retrieval of documents during the construction of the project. This section addresses letters, correspondence, Requests for Information, material management and submittals, meeting management, and scheduling. Documentation provided by HDR will meet WSDOT requirements for federally funded projects in accordance with the Local Agency Guidelines (LAG) manual. HDR Services HDR will conduct a project communication and project collaboration meeting with the City to identify communication chain of command, key participants, available infrastructure, infrastructure improvements, and software applications. HDR will receive, log, track and process correspondence and other forms of communication, and file communication for the project record. HDR will receive, log, track, and process Requests for Information. HDR will perform wage rate, intern, Condition of Award Disadvantaged Business Enterprise, and Commercially Useful Function (CUF) on site interviews. HDR will develop and manage all tracking logs, technical documents, shop drawings, data submittals, manuals, samples, request for information (RFI’s), etc., received as part of the construction process. HDR will provide digital photographs of the project and download photos on a (minimum) weekly basis. Materials documentation to support the ROM and show conformance with approved RAMS. HDR will update and maintain the Record of Materials (ROM) log. HDR will review the contract documents to confirm construction schedule requirements. HDR will review schedule updates for discrepancies and any reconciliation to maintain schedule as required by the contract. HDR will monitor and review the project schedule on a weekly basis with the contractor to monitor compliance and progress. Provide the City with a monthly report to identify the work completed during the prior month and work anticipated for the coming month. Provide pay estimate documentation. HDR will lead the preconstruction meeting with help from the City. HDR will prepare the agenda and meeting minutes based on the City’s format. HDR will lead a weekly meeting with the contractor for coordination and communication purposes. HDR will lead an internal weekly meeting to review issues, documentation, and progress with the City, as needed. HDR will facilitate meetings and communications with the contractor, engineer of record (internally), and independent testing services (contracted directly with the City), authorities having jurisdiction, utility owners, adjacent private property owners, and other applicable project stakeholders. City Responsibilities The City will organize, invite attendees, and host the preconstruction meeting. Exhibit "B" Page 181 of 268 City of Pasco | Sylvester Street Safety Improvements Construction Management Services – Supplement #1 hdrinc.com 835 N Post Street, Suite 101, Spokane, WA 99201-2126 (509) 343-8500 5 The City will provide all document standards for construction purposes including letter formatting and document management in the City’s preferred format where applicable. The City shall track all materials testing related correspondence and pay all materials testing invoicing. The City’s independent testing service will establish organized storage for samples and a tracking log for samples accessible by the inspection team. Any City staff working as part of the construction management team will be provided a copy of this scope and be expected to provide the same services as the HDR staff. The City will provide all contact names and contact information for all City staff working on the project and all utilities and stakeholders with interest in the project, if not included in the Special Provisions. The City will review and process all contractor pay applications in accordance with the Contract documents. Assumptions HDR will prepare project correspondence and other forms of communication in accordance with the City’s document standards. HDR’s review and recommendation for payment is not evidence of performance nor confirmation that the work is in conformance with the contract requirements. Progress payments serve only as a basis for partial payment. HDR may revise progress payment estimates at any time before final payment is made by the City. Corrections may be made to quantities and SOV amounts up through the final progress payment as allowed by the WSDOT Standard Specifications and Special Provisions. Pay estimates shall be completed and submitted to the City no more than 15 days after contractor submittal of progress report to HDR, or earlier if required by the Contract documents. No materials will be incorporated or accepted for payment until the appropriate certifications are received from the contractor. Deliverables Pre-construction conference agenda and meeting minutes Correspondence as required Photo documentation in jpeg format Complete interview reports as required Meeting notes from the weekly contractor meeting Reviews of the baseline schedule and schedule updates Tracking system for payment of bid items Monthly pay estimates with bid item backup meeting WSDOT requirements Monthly status Reports Review comments of Lump Sum Breakdowns ROM to guide anticipated submittals. Submittal Log RFI Log 11.4 Change Management Objective Process proposed changes in the Work to provide the contractor with clear direction for the efficient execution of the Work. Exhibit "B" Page 182 of 268 City of Pasco | Sylvester Street Safety Improvements Construction Management Services – Supplement #1 hdrinc.com 835 N Post Street, Suite 101, Spokane, WA 99201-2126 (509) 343-8500 6 HDR Services HDR will meet with the City to understand and document their requirements for processing changes to the work. HDR will develop a written procedure and flow chart to confirm the procedure. The procedure will identify the approvals needed for changes to the work, who in the City can sign change orders, and to what value they can sign. HDR will provide, monitor, track, and lead the preparation and continued maintenance of the Project Issue Log and the Change Order Log to identify possible issues and changes and then to track actual agreed changes. The logs will be reviewed weekly at both internal team meetings and weekly meetings with the Contractor. HDR will monitor and coordinate evaluation of requests for substitutions, value engineering proposals, and field directives. HDR will evaluate force account sheets provided by the contractor. HDR will review change proposals and VECP proposals submitted by the contractor and make recommendations to the City. HDR will prepare Change Order documentation including a written justification, record of negotiation, and independent cost estimate for each Change Order. HDR will assist the City in negotiating changes to the contract with the contractor. City Responsibilities Provide the forms and format that HDR will need to complete, initiate, and implement Change Orders. The City will review, evaluate and approve Value Engineering proposal request(s). Approve Change Orders. Review and comment on Change Order Log and status of the changes. Extend costs for force account sheets. Assumptions The City will review draft Change Orders and approve all final Change Orders. The City will review logs and assist HDR with resolving project issues. Deliverables Project Issue Log Change Order Log Change Order documentation: Summary, Record of Negotiation, Justification and Estimate of Cost. Force account tracking if needed. Disputed work tracking if needed 11.5 Quality Assurance and Inspection Objective The purpose of this section is to confirm the work performed by the contractor is in general conformance with the construction contract requirements by documenting observations, coordinating materials testing (by others), assembling and reviewing required paperwork, and inspection of the work. The contractor is responsible for their own construction Quality Control and HDR is responsible for providing Quality Assurance. WSDOT General Inspector Program certified inspectors will perform inspections. The frequency and scope of inspections will vary with the work activity being performed and will be in accordance with the City’s procedures, policies, and directives. Exhibit "B" Page 183 of 268 City of Pasco | Sylvester Street Safety Improvements Construction Management Services – Supplement #1 hdrinc.com 835 N Post Street, Suite 101, Spokane, WA 99201-2126 (509) 343-8500 7 HDR Services HDR will provide inspection and observation staff to monitor, report, and document the progress of the construction work and confirm that the work is in general accordance with the contract documents. HDR will perform observations in accordance with industry-recognized standards. Inspectors will prepare Inspector Daily Reports (IDRs) using approved City forms. HDR will document project activities on a daily basis by preparing daily reports. The daily reports will include weather conditions at the site, contractor’s personnel on site, major equipment on site used for the work, major equipment on site not being used for the work, activities performed by the contractor, major materials and equipment deliveries, non-conforming work and/or construction deficiencies, tests performed, visitors to the site, pertinent field conversations and/or decisions and other unusual activities on site. HDR will attend pre-activity construction meetings as agreed to with the contractor and as defined in the construction contract documents prior to the start of critical activities. HDR will review permits and monitor the contractor’s work for compliance with the permit requirements. HDR will observe contractor’s installation of materials and equipment and monitor compliance with approved submittals and the contract documents. HDR will document and report to the City, contractor, and Engineer of Record (internally) non-conforming work and issue Non-Conformance Reports (NCR) for deficiencies with corrective measures or corrective action plans; develop and maintain a log of the NCR and provide to the contractor; and as deficiencies are corrected, revise the log by indicating corrected status. HDR will review agreements between the City, contractor and other agencies, utilities and/or other parties. HDR will keep a copy of each agreement. HDR will monitor the conditions stated in the agreements to ascertain whether the contractor has met the agreement and permit conditions. HDR will provide daily quantity tracking sheets for materials installed in accordance with the contract. HDR will develop pay item reports for accepted work and resolve differences in quantities with the Contractor prior to forwarding quantities for payment. Coordinate with contractor to facilitate review of major deliveries prior to unloading and storage. Review storage facility with the City to confirm acceptability of the facility. Regularly review contractor's storage areas to determine compliance with the contract documents. Notify the contractor of any damaged or improperly stored materials. Adjust payments as applicable for damaged or improperly stored equipment. Establish procedures and protocols for communicating test result with testing service and contractor. Coordinate special inspections and field tests. Notify contractor of subsequent testing which may be required, due to failing tests. If requested by the City, review testing lab invoices to avoid City being charged for failed material tests. Provide documentation for reimbursement from contractor for failing tests. HDR will review the contractor’s record drawings on the project site. The record drawings will include actual changes made in the field due to existing conditions, RFIs and changes. HDR will track training hours (if required) and DBE work on a monthly basis to confirm contractor is adhering to the plan. HDR will perform contractor and subcontractor interviews as required. Exhibit "B" Page 184 of 268 City of Pasco | Sylvester Street Safety Improvements Construction Management Services – Supplement #1 hdrinc.com 835 N Post Street, Suite 101, Spokane, WA 99201-2126 (509) 343-8500 8 City Responsibilities The City and/or Contractor is responsible for securing permits for the project. The City will provide all materials testing and will transmit test results to HDR. The City and/or Contractor will provide copies of all permits and project requirements. The City will provide and/or approve the forms and format that HDR will need to complete, initiate, and implement IDRs. Assumptions HDR is not responsible for securing permits for the project. HDR is not responsible for the contractor’s compliance or non-compliance with permit conditions. HDR shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control, or have charge of construction. HDR will provide Safety Plan, Job Hazard Analyses (JHA’s), safety training, and personal protective equipment for the HDR staff. Any City staff performing inspections or quality assurance field work will be briefed in the safety protocols of HDR and requested to participate in all safety related activities. HDR’s observation or monitoring portions of the work performed under construction contracts shall not relieve construction contractor(s) from responsibility for performing work in accordance with applicable contract documents. HDR is not responsible for the contractor’s failure to comply with any permit requirement including compliance with environmental permits and/or requirements. HDR and its subconsultants shall be listed as an additional insured on the construction contractors’ commercial general liability insurance and shall be included in a waiver of subrogation endorsement under the construction contractors’ workers’ compensation and employer’s liability policies. It is assumed there are no hazardous materials on the site and HDR will not be tracking disposal of contaminated or hazardous materials. It is assumed no materials are to be salvaged, except where noted otherwise in the Special Provisions. One (1) IDR will be developed per on-site inspector, per day  Deliverables IDRs from Inspectors Non-Conformance Reports DBE Interviews as required. Wage Interviews per contractor and job classification. 11.6 Substantial Completion, Final Completion and Project Closeout Objective Work with the contractor, Engineer, and City to confirm the work is substantially complete and ready for use by the City. Confirm that closeout documents are submitted in accordance with the contract requirements. Exhibit "B" Page 185 of 268 City of Pasco | Sylvester Street Safety Improvements Construction Management Services – Supplement #1 hdrinc.com 835 N Post Street, Suite 101, Spokane, WA 99201-2126 (509) 343-8500 9 HDR Services Substantial Completion o Confirm the contract requirements for substantial completion. o After the contractor notifies HDR that the work is substantially complete, HDR will arrange for the City to review the project to confirm the work is substantially complete. o Conduct substantial completion inspections. Identify work remaining to be completed and document this in a punch list. o In collaboration with the Engineer and the City, confirm the work is substantially complete. o After the Engineer and the City agree the work is substantially complete, coordinate with the City the issuance of the substantial complete letter to the contractor. o Review the punch list and schedule for completing work with contractor. o Identify constraints to completing punch list work; review constraints with the Engineer, City, and contractor. o Confirm that work on the punch list is complete. Final Completion and Closeout o Work with City to provide notices to public agencies confirming the work is complete. o Confirm documentation required by the City and funding agencies has been submitted (e.g. Lien Waivers, costs per funding source). o Conduct Final Completion Inspection with City, Engineer, contractor and Regulatory/Permitting Agencies, if applicable. o Make recommendation for Final Payment. o Review project documents required by the City; gather and submit. City Responsibilities Participate in all activities identified above. The City will send all required project closure documentation to the WSDOT Local Programs engineer in accordance with the funding requirements. Assumptions Only one substantial completion site visit and one final/physical completion site visit will be required. Deliverables Substantial Completion and Physical Completion letters Punch list Delivery of final file folders. Exhibit "B" Page 186 of 268 FEE ESTIMATE City of Pasco: Sylvester St Safety Improvements Task # Task Description Total Labor Total Escalation Total Expenses Total Subconsultants Total For Proposal 11 Construction Management Services $318,529.59 $0.00 $44,969.80 $0.00 $363,499.39 N/A Remaining Budget from Design Tasks (Credit)-$149,596.38 $0.00 -$23.87 -$39,089.88 -$188,710.13 $168,933.21 $0.00 $44,945.93 -$39,089.88 $174,789.26 Exhibit "D" Pa g e 1 8 7 o f 2 6 8 EXPENSES City of Pasco:  Sylvester St Safety Improvements Mileage/mile (2024)Copies/Page 8.5x11 B&W Copies/Page 11x17 B&W Miscellaneous Miscellaneous Mileage Office Expenses Office Expenses IDAX Data Solutions Miscellaneous OTHER DIRECT COSTS Each Each Each Each Unit Cost $0.670 $0.050 $0.090 $2,200.000 ($23.870) 11 Quantity 23440 2000 2000 0 Task Total $15,704.80 $100.00 $180.00 $0.00 $0.00 $44,969.80 N/A Quantity 00001 Task Total $0.00 $0.00 $0.00 $0.00 ($23.87)($23.87) Total ODC 15,704.80$ 100.00$ 180.00$ -$ (23.87)$ 44,945.93$ *All mileage will be billed at the current IRS mileage rate To t a l O D C Construction Management Services Remaining Budget from Design Tasks (Credit) c:\pwworking\west01\d3550712\Sylvester St Safety Imprv_ESTIMATE_D_R3.xlsm Exhibit "D" Pa g e 1 8 8 o f 2 6 8 FEE ESTIMATE City of Pasco: Sylvester St Safety Improvements Task # Task Description Total Labor Total Escalation Total Expenses Total Subconsultants Total For Proposal 11 Construction Management Services $318,529.59 $0.00 $44,618.20 $0.00 $363,147.79 N/A Remaining Budget from Design Tasks (Credit)-$149,596.38 $0.00 -$23.87 -$39,089.88 -$188,710.13 $168,933.21 $0.00 $44,594.33 -$39,089.88 $174,437.66 Exhibit "D" Pa g e 1 8 9 o f 2 6 8 Pasco City Council Workshop Meeting February 26, 2024 Pa g e 1 9 0 o f 2 6 8 Sylvester Street Safety Improvements Overview PROJECT SCOPE •Center turn-lane •Multiuse pathway/ •Bike lanes •Sidewalks •Retained parking •Safe street Crossings Pa g e 1 9 1 o f 2 6 8 Sylvester Street Safety Improvements Overview West of US 395 East of US 395 PROPOSED CONFIGURATION Pa g e 1 9 2 o f 2 6 8 Sylvester Street Safety Improvements Original PSA •Professional Service Agreement (PSA) Approved 01/05/2022 •Includes scope and fee for 3 years for design and project administration with HDR Engineering, Inc. •Fee = $671,854.61 •Construction management (CM) services can be added to the scope. PSA Resolution 4136 Pa g e 1 9 3 o f 2 6 8 Sylvester Street Safety Improvements PSA Supplement No. 1 •Scope and fee change to add CM services to PSA. •HDR Engineering, Inc provided scope and fee for 110 working days for CM services. •Fee = $363,147 PSA Supplement 1 (CM) Services Project Management Engineer of record support Contract Administration Change Management Quality Assurance and Inspection Substantial completion, final completion, and project closeout. Other direct costs Pa g e 1 9 4 o f 2 6 8 Sylvester Street Safety Improvements PSA Supplement No. 1 PSA Resolution 4136 PSA Supplement 1 $671,854Design Budget for HDR $483,144Design Budget Used $188,710Design Budget Left $363,147Fee for CM Services -$188,710Design Budget Left $174,437PSA Supplement#1 Design Budget to be reprogrammed for Construction. Proposed amount to be added to PSA Pa g e 1 9 5 o f 2 6 8 Sylvester Street Safety Improvements PSA Supplement No. 1 FUNDING 1,522,900Federal HSIP Grant 2,675,800State Ped/Bike Grant 702,200Local funds 4,900,900TOTAL Expenditures 660,144Preliminary Engineering (PE) 15,000Right-of-Way (RW) 3,930,659Construction (CN) 4,605,804TOTAL Staff Recommends approval of change in scope and fee for construction management (CM) services by HDR Engineering, Inc. Increasing the PSA fee amount by $174,437.66. Pa g e 1 9 6 o f 2 6 8 Questions? Pa g e 1 9 7 o f 2 6 8 AGENDA REPORT FOR: City Council February 27, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 3/4/24 FROM: Jesse Rice, Director Parks & Recreation SUBJECT: Resolution No. 4429 - Purchase of Arizon Pool Air Dome System I. REFERENCE(S): Resolution - Purchase of Pool Bubble Arizon Pool Dome Quote & Purchase Agreement City of Pasco Participation Agreement for the Purchasing Cooperative at Greenbush PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: City the authorizing 4429, No. approve to move I Resolution Manager to execute and sign a purchase agreement with Arizona Structures Worldwide, LLC for the purchase of an Air Dome System for Memorial Pool. III. FISCAL IMPACT: Pool Dome Structure: $547,866  LTGO bond  $100k Pasco School District Construction Contribution Ongoing expense:  Approximately $15,000 annual cost to place & remove dome each fall & spring.  Approximately $35,000 in additional utility and chemical costs.  Additional Wage cost will be dependent on programing offered, much of which should be covered by participation fees. Revenue:  Additional Rental Revenue projected at approximately $50,000 Page 198 of 268 IV. HISTORY AND FACTS BRIEF: 2017 - Pasco School District formed their Girls and Boys Swim teams. The girls swim team began using the Memorial Aquatic Park lap pool for practices in the fall (Aug-Oct). 2018 - Began discussions with the district about the possibility of covering the pool to accommodate year-round use. 2019 - Project Included in 6-year CIP plan. 2023 - Bonded $1.25 Million for the installation of the pool dome and bulkhead divider to facility the to updates associated other all with together accommodate the conversion to year-round use. Staff presented the purchase of the Air Dome System for Memorial Pool at the February 26, 2024 workshop. V. DISCUSSION: Staff is recommending approval of the Resolution and the purchase agreement as quoted. Currently, Memorial Aquatic Park opens for lifeguard training and the Channel Cat Swim Team use around May 1 each year. The official summer swim season runs from June to August during which it is used for open swim, lap swim, swim lessons, recreation and Channel Cat swim teams, rentals, and a few special events. Then, in September and October, it is used by the Pasco School District girls high school swim teams and for a final fall session of swim lessons. The pool is then closed for the off season around the first of November. The current facility does not support hosting High School swim meets. As the high school boys swim season is a winter sport they are unable to use the pool. Indoor swim space in the Tri-Cities, especially in Pasco is very limited, with the Pasco School District boys teams needing to travel to Kia Ora in Kennewick for practices. The Pool Dome will make the Memorial Lap Pool a year-round facility capable of supporting all high school swim teams. Installing a bulkhead swim divider will make it possible to host high school swim meets and will double the swim team practice capacity. This is important with the Pasco School District set to open a third high school in fall of 2025. With the pool bubble, the City will be able to offer year-round swim lessons, Page 199 of 268 Lifeguard training classes, & lap swim. Expanding offerings is also a possibility through programs such as scuba lessons, water polo, paddleboard yoga, Dive- in Movies, etc. Page 200 of 268 Resolution – Memorial Pool Dome - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AND SIGN A PURCHASE AGREEMENT WITH ARIZON STRUCTURES WORLDWIDE, LLC FOR THE PURCHASE OF AN AIR DOME SYSTEM FOR MEMORIAL POOL. WHEREAS, the City of Pasco (City) has recognized the need for indoor year-round swimming opportunities; and WHEREAS, the City, has included the project in its Capital Improvement Plan and has approved and secured LTGO funding for the project; and WHEREAS, the City, as encouraged by its purchasing policy, will purchase the Arizon Air Dome System through a purchasing cooperative, the Purchasing Cooperative at Greenbush, of which the City became a member in September of 2023; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the Purchase Agreement with Arizon Structures Worldwide, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Purchase Agreement between the City of Pasco and Arizon Structures Worldwide, LLC as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Purchase Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Purchase Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Page 201 of 268 Resolution – Memorial Pool Dome - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _______________, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 202 of 268 City of Pasco 1520 Shoshone St. Pasco, WA 99301 Dan Dotta (509) 543-5759 dottad@pasco-wa.gov QUO-5228 Revision #:1 Pasco Aquatics Facility Dome Address: City, State, Zip: Contact: BUYER Company: Sales Engineer: Brandon Hudson | 314-605-0051 | bhudson@arizoncompanies.com ArizonBuildingSystems.com | 11880 Dorsett Rd., Maryland Heights, MO 63043 Sales Contact: Matt Polizzi | 314-754-2329 | mpolizzi@arizoncompanies.com Phone: Email: Date:2/15/2024 Quote: Seller: Arizon Structures Worldwide, LLC This quotation was prepared based on information provided by Dan Dotta of City of Pasco. Page 1 of 5 Page 203 of 268 Date: 02/15/2024 Quote: QUO-5228 Rev: 1 113'200' Pool Dome Sq Feet: ACCESSORIES & OTHER ITEMS COMPONENT INCLUDED/QTY DESCRIPTION Industrial Access Airlock 0 None Lighting 10 Light Poles (2 LED fixtures per pole) Double Emergency Exit Door 1 Double pressure-balanced emergency exit door with exit light Personnel Airlock 1 Personnel-sized airlock with exit light Main Entry Revolving Door 1 Three-leaf aluminum revolving door Emergency Exit Door 1 Pressure-balanced emergency exit door with exit light COMPONENT INCLUDED/QTY DESCRIPTION Cooling Capacity & Source NOT INCLUDED None Building Automation System INCLUDED Wind Sensor Snow Sensor Touch Screen/Online Controller Optional Items & Features NOT INCLUDED None The inflation system supplies internal air pressure to inflate and shape the structure envelope. The amount of make-up air (inflation) is minimal, and is a function of the installation fit and finish. The inflation system is designed to increase make-up air and building pressure significantly when needed for maximum building stabilization during inclement weather. The primary Heating and/or Air Conditioning unit shall be specifically designed, manufactured, and certified by Arizon. DOORS / AIRLOCKS & LIGHTING Backup System INCLUDED Generator sized to backup aux. inflation fan only. Heating Capacity & Source INCLUDED 1920 MBH, Natural Gas. Primary HVAC Inflation System INCLUDED Custom designed Make Up Air system. Cable System NOT INCLUDED Building Cables Perimeter Anchorage System INCLUDED Structural Continuous Aluminum Channel with lumber to anchor the building to Other's concrete work . Exterior will be structural-rated architectural fabric. Standard exterior fabric color is white but gray or custom colors are also available. Fabric shall be either: Translucent (to allow light to pass through the fabric and reduce or eliminate the need for artificial lighting during daytime use) or Opaque (to block light transmission through the fabric), as indicated above. The building will be manufactured in sections which will allow the complete envelope to be easily transported, installed, and dismantled. The fabric sections are mechanically-sealed with aluminum clamps. AIR HANDLING SYSTEM COMPONENT INCLUDED/QTY DESCRIPTION Architectural Fabric Envelope INCLUDED Structural PVDF Coated, Opaque with Skylight, Exterior Color: White Thermal Liner INCLUDED Double Wall, 14' Blue backdrop Project: Pasco Aquatics Facility Dome QUOTE SCOPE OF WORK COMPONENT INCLUDED/QTY DESCRIPTION DOME STRUCTURE Width:38'Height:Length: Application:Seasonality:22,600 Seasonal Page 2 of 5 This document is copyrighted and only for use between Arizon Building Systems and the Buyer named in this document. © Copyright Arizon Structures Worldwide LLC, 2014, All Rights Reserved. Buyer's Initials________ Page 204 of 268 Date: 02/15/2024 Quote: QUO-5228 Rev: 1 Additional days of supervision may be purchased for $1250/day plus travel, food, & lodging. Prevailing Wages are NOT included in Seller's pricing. Cleaning of the exterior of the building post-installation is not included. Preparation of the jobsite including Concrete, Electrical and Plumbing work is to be done by Buyer. Attaching utilities including gas, fuel, water, steam, and electrical connections for all equipment are the responsibility of the Buyer. All permits, licensing, or other fees are not included. Owner's Training INCLUDED Training on how to manage and operate the building and equipment. Owner's Manual INCLUDED Operational procedures / tools / needed install equipment / components. Permits & Fees NOT INCLUDED All permits, licensing, or local code approval fees. Final Walkthrough & Commissioning INCLUDED Final review of the installed building and components with Arizon's installation technician. Freight Coordination and Loading at Factory INCLUDED Seller will coordinate shipment of the Goods and will load the equipment on the truck. Shipping Terms: EXW (Incoterms 2000) Unloading Equipment Upon Delivery NOT INCLUDED Unloading of the Goods or Equipment at the jobsite with verification paperwork. Seller is not responsible for any lifting or rigging of the air structure and components. Installation Labor Force NOT INCLUDED Crew of temporary workers to assist with the installation. Prevailing Wages are NOT included. Construction Services NOT INCLUDED Preparation of the jobsite including Concrete, Electrical, Plumbing, Mechanical Piping, and Electrical hook-up services/work. Start-up Supervision INCLUDED Seller will provide a technician on-site to supervise the startup of the HVAC equipment for 1 day of supervision. Installation Equipment NOT INCLUDED Lifts and Tools required for installation of the air structure and components. Pre-Site Visit INCLUDED Seller will provide a technician on-site for project Site. The visit is to occur a few weeks prior to Arizon shipping the product. This proposal includes 1 day for the on- site visit Structural Engineering INCLUDED Structural Engineering of the dome and foundation is included. Design is based on the adopted version of the International Building Code (IBC) for the site location. Owner to verify local Code requirements. Any local modifications to the standard IBC must be given to Arizon for evaluation of the structural design. Local code differences from the national code may affect the design and cost of the dome and foundation. Architectural, Mechanical, Electrical or other professional Design Engineering Packages NOT INCLUDED It is recommended that the owner consult with an architect and the local municipality for project requirements. The fee for Arizon's Submittal Drawings (Engineering and Consulting Services) is payable at the time of execution of this agreement, is non-refundable, and shall be applied or credited to the purchase price of your Arizon Building. Additional Engineering and Consulting Services, or revisions or change orders to your Project may be provided at additional cost based on Arizon's prevailing hourly fees. These additional fees will not be credited or applied to the purchase price of your Project. Arizon's submittal drawings, engineering and design services do not include consulting services such as attendance at local code, building department meetings, zoning, city council meetings, bank and financing meetings, and the like. However, Arizon can provide these services for additional feels upon request. INSTALLATION SERVICES COMPONENT INCLUDED/QTY DESCRIPTION Project: Pasco Aquatics Facility Dome QUOTE SCOPE OF WORK STRUCTURAL ENGINEERING PACKAGE COMPONENT INCLUDED/QTY DESCRIPTION Page 3 of 5 This document is copyrighted and only for use between Arizon Building Systems and the Buyer named in this document. © Copyright Arizon Structures Worldwide LLC, 2014, All Rights Reserved. Buyer's Initials________ Page 205 of 268 Date: 02/15/2024 Quote: QUO-5228 Rev: 1 Date:Signature:Print Name & Title: WARRANTY Seller's standard Warranty and per Terms & Conditions of Sale attached. • 20 year pro-rated warranty on exterior fabric envelope material. • 1 year on HVAC components and other materials/components. LEAD TIME Submittal lead time is estimated at 3-5 weeks from order date. Shipment Lead Time is 34-40 weeks from Buyer's approval of Arizon's Submittal. Submittal and Ship dates are not guaranteed. *Consult Factory for special lead time requests. ACCEPTANCE Prices are firm for 30 days from Proposal date. Prices do not include any duties, federal state or local sales/use taxes. Sales Tax will be added to Seller's Base Price if Buyer is not tax exempt. Due to the current material pricing volatility, prices could change up until final submittal approval and release to production. If submittal approval exceeds 30 days from proposal date, pricing could change based on material cost increases up until full release to production. This Buyer’s Acceptance and the contract formed between Buyer and Arizon, upon Arizon’s acceptance and credit confirmation, is not contingent upon any condition or event unless listed in this Buyer’s Acceptance. In consideration of the receipt of this Quotation and Information related, the recipient agrees not to reproduce, copy, use or transmit this document and/or the information therein contained in whole or in part, or to suffer such action by others, for any purpose, except with the advanced written permission of Seller (including its Johnson, MarCraft, Arizon Structures, Gateway Frame Buildings, or Compass Construction divisions), and further agrees to surrender same to Arizon Companies upon demand. Copyright Arizon Companies 2014. All rights reserved. Unless otherwise stated, Quotations are valid for 30 days. Incorporated by reference into this Buyer’s Acceptance is Arizon’s Quotation, Submittal and Terms and Conditions of Sale (see www.arizonbuildingsystems.com). Acceptance of City of Pasco : The Buyer referenced above authorizes Seller to proceed with this order per this Quotation and Terms and Conditions of Sale incorporated herein. Upon acceptance of this ORDER by Seller, after approval of this Proposal and Acceptance of Buyer’s Credit Application, this Buyer’s Acceptance is final and binding on Buyer. Pool Cover Protective pool covering $26,019 Project: Pasco Aquatics Facility Dome ACCEPTANCE OF QUOTE BUYER’S ACCEPTANCE TOTAL BASE PRICE $503,091.00 ACCESSORIES OR OPTIONAL ITEMS COMPONENT ADD/DEDUCT BUYER'S INITIALSDESCRIPTION Jobsite Address:Requested Grand Opening Date: Installation Supervision Installation Supervision Budget. Does not including Equipment & Labor for installation of the dome and related products. This good-faith budget estimate is not a firm price for Installation Supervision. Upon a final post- construction site inspection development of the installation plan a formal proposal for installation supervision with a firm price or T&M structure can be provided. $14,670 Installation Budget Installation Budget including Supervision, Equipment, & Labor (Non- Prevailing Wage). This good-faith budget estimate is not a firm price for installaton. Upon a final post-construction site inspection development of the installation plan a formal proposal for installation with a firm price or T&M structure can be provided. $46,600 Deflation Protection Pole & Cable Deflation Protection System $42,386 FREIGHT FOB: Shipping Point, Freight Included PAYMENT TERMS 35% due upon submittal approval, 30% due upon release to production, 30% due upon completion of manufacturing, 5% Due at release to ship PRICING & TAXES Page 4 of 5 This document is copyrighted and only for use between Arizon Building Systems and the Buyer named in this document. © Copyright Arizon Structures Worldwide LLC, 2014, All Rights Reserved. Buyer's Initials________ Contingent on Financing Contingent on Government ApprovalBuyer waives all Contingencies Contingent on Other Page 206 of 268 Date: 02/15/2024 Quote: QUO-5228 Rev: 1Project: Pasco Aquatics Facility Dome Page 5 of 5 TERMS & CONDITIONS 01 AGREEMENT:Goods, Equipment, and Services (“goods”) sold by Arizon Structures WorldWide, LLC or its affiliates ("Seller" or “Manufacturer”)are made solely on the terms and conditions hereof notwithstanding any additional or conflicting terms or conditions that may be contained in any purchase order, specifications, contract or contract documents, or other form of purchase, all of which additional or conflicting terms and conditions are hereby objected to and rejected by Seller. No representations or warranties other than those contained herein shall be binding upon Seller unless in writing and signed by an officer of Seller. In any event, acceptance of a shipment by Buyer shall constitute acceptance of these terms and conditions. Goods sold hereunder are custom manufactured and are exclusively described in Seller’s Submittal. All quotations (“quotation”) or proposals for the sale of goods, unless otherwise specified, are subject to acceptance by a Buyer (“Buyer”) within thirty (30) days from date of quotation and are subject to Seller’s approval of Buyer’s credit. 02 PAYMENT:Terms of payment are shown on the Schedule of Payments in Seller’s quotation, but if not, progress payments are invoiced by Seller upon approval of Submittals, ordering of materials, commencement of manufacturing and final completion of manufacturing all or any part of Buyer’s order. All past due accounts will be subject to a service charge of one and one-half percent (1-1/2%) per month (or, if less, the maximum rate permitted by applicable law.) All orders and shipments at all times are subject to the approval of Seller's Credit Department. Seller may require partial or total payment in advance of production or shipment if, in the judgment of Seller, the payment terms or financial condition of Buyer does not justify other terms. If Buyer delays shipment for any reason, payments shall become due from the date on which Seller tenders shipment, and storage thereafter shall be at Buyer's risk and expense. Acceptance by Seller of Buyer’s partial payments shall not constitute a release of Buyer from any balance due claimed by Seller. Buyer shall pay all Seller’s attorney fees and collection expenses in the event Buyer is in breach of the Terms of Payment or any other provision of these Terms and Conditions of Sale. Seller shall have an ongoing security interest in the goods and Buyer agrees to execute any forms requested by Seller to reflect this security interest. In addition to all other remedies, Seller may reclaim and repossess the goods. Seller does not waive its right to file a mechanics lien or bond claim under applicable state law. Buyer irrevocably appoints Seller as its Power of Attorney to effectuate Seller’s security interest in the goods. 03 SHIPPING:Delivery shall be made EXW (Incoterms 2000) Seller's plant or origination, unless otherwise agreed in writing. All goods are shipped at Buyer's risk. Any claims for damage or shortage in transit when goods are shipped by common carrier must be filed by Buyer against the carrier. Claims for factory damages or shortages are waived by Buyer unless made in writing to Seller within ten (10) days after shipment of the goods by Seller, and accompanied by reference to Seller's bill of lading and factory order numbers. Delivery dates or times which may be specified are not guaranteed. Seller shall not be responsible for any delay or failure to meet a shipment date caused by circumstances beyond the reasonable control of Seller or others, including but not limited to, acts of God, riots, strikes, accidents, lack of transportation, or shortages of fuel, power, labor or equipment. Buyer agrees to pay for the goods notwithstanding the fact that Buyer may be unable to receive or provide suitable storage space for any delivery. If stored by Seller, Buyer agrees to pay storage charges to Seller as an extra. 04 TAXES & FEES:Buyer is responsible for all value added tax, and sales and use taxes, if any, related to the goods. If it is determined by Seller that Sales or Use Tax should be added to the order, Buyer agrees to pay Seller the full amount of any applicable taxes in addition to the price of the goods. Any taxes (except Seller's income tax) are the obligation of the Buyer, and Buyer agrees to indemnify and hold Seller harmless therefrom, including all expenses and attorney fees incurred by Seller related hereto. 05 CANCELLATION:Buyer’s orders accepted by Seller shall not be cancelled or placed on hold by Buyer, unless Seller consents in writing. In the event of cancellation, Buyer shall promptly pay to Seller as fixed, agreed and liquidated damages, and not as a penalty, a sum equal to direct and indirect costs of Seller plus ten percent (10%) of the total amount of Schedule of Payments in the quotation. In the event Buyer places its order on hold and Seller consents, Seller shall invoice Buyer for the portion of the work completed, including but not limited to, Seller’s direct and indirect costs (storage, opportunity and all other costs) as solely determined by Seller, and Buyer shall pay said invoice as provided for in these Terms and Conditions of Sale. Goods returned without prior authorization shall be at Buyer's risk and expense with no obligation by Seller. Seller is not responsible for rework, repairs or modifications of the goods without advance written agreement. 06 WARRANTY:Seller extends to Buyer the warranties received by Seller from the original manufacturers and suppliers of the components of the goods sold to Buyer. All other components of the goods manufactured by Seller shall be free from defects in material for a period of one (1) year from the date of Seller’s shipment or tender of shipment, unless stated otherwise in Seller’s Quotation or Submittal. A Bill of Sale and a warranty certificate will be provided to Buyer upon payment of Seller’s invoices. If Buyer notifies Seller within the warranty period of a defect, Seller, at its option, will repair or replace the defect FCA (Incoterms 2000) at the location selected by Seller. This limited warranty extends only to the original Buyer from Seller. Any damage from improper handling, storage, abuse, misuse, or alteration of the goods in any manner voids Seller's warranty obligation. THIS LIMITED WARRANTY CONSTITUTES BUYER'S SOLE REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES. ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN NO EVENT AND UNDER NO CIRCUMSTANCE SHALL SELLER BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER THE THEORY BE BREACH OF THIS OR ANY OTHER WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Labor or service costs, refrigerant losses, the physical or chemical effect on the goods from improper storage, weather, foreign substances, mold, mildew, or chemicals in air, water or steam, including costs for removing or installing parts, and any shipping charges, are expressly excluded from this limited warranty. No person (including any agent or salesperson) has authority to expand Seller's obligation beyond the terms of this limited warranty, or to state that the performance of the goods is other than that published by Seller. Failure by Buyer to pay Seller’s invoices in accordance with the Terms and Conditions of Sale voids all warranties provided for herein. Any lawsuit or claim other than a warranty claim shall be brought within one (1) year from tender of shipment. 07 FIELD SERVICES & INSTALLATION:All Field and Job-Site Services provided by Seller, if any, are set forth by the later of Seller’s Quotation or Submittal, are payable at Seller’s current per diem rates plus expenses, are for one (1) trip to the jobsite, are non-refundable, are subject to two (2) weeks minimum advance notice in writing from Buyer stating Seller’s goods and the jobsite are prepared for Seller’s field services, and are subject to Buyer providing requested tools/equipment and qualified technicians to work with and be available to Seller’s field service representative(s). Field Service work and all start-up of Seller’s goods will be by authorized technicians. Seller is not responsible for field service work beyond the number of days listed in the Submittal. Start-up of the goods is solely and exclusively determined by and deemed acceptable by Seller. Although Seller strives, in good faith, to provide a detailed Responsibility Matrix and include all the necessary labor and equipment and services required by this contract to supervise or provide the installation of the Seller's structure package, there may be situations beyond Seller's control. Buyer acknowledges and agrees that any delays caused by Buyer or Buyer’s subcontractors, weather delays, or any other circumstance outside of Seller’s control could result in additional fees and will be billed at Seller’s daily rate as found in this quotation. Quotation for field services is based upon 40 hour work week. Weekend or overtime will be billed at additional cost if applicable. Buyer to notify Seller in writing if overtime/weekend permission is not authorized. Seller will not be responsible for nor accept any costs incurred through field service, rework,repair and/or modification or alteration of its goods without prior written authorization by Seller. Seller’s warranty in paragraph 8 hereof is conditioned and contingent on Buyer’s adoption of a written maintenance and service plan performed by Seller and Buyer or performed by a technician(s) trained and authorized in writing by Seller. In the event the goods or their components are disassembled and stored on a seasonal basis, said disassembly and storage shall be in accordance with Seller and with the Original Manufacturer’s warranty and Installation, Operations, and Maintenance Instructions. Responsibility for the goods after disassembly and during storage is solely that of the Buyer. 08 CONDITIONS AT JOBSITE:Under no circumstances shall the Seller be responsible for the condition of the subsoil at the installation site as it pertains to costs of excavation, or as it pertains to holding ability of the Sellers anchorage. Likewise where anchorage is attached to existing concrete work, the Buyer will be responsible for the quality and holding power of the concrete. The Seller will specify anchorage loads to be withstood and warrants its design to be sufficient to meet specified requirements. The Seller will provide technical assistance and advice to the Buyer, but will not be responsible for Buyer’s site, sub-soil conditions or anchorage system. Seller is not responsible for permits or licenses, nor for state, federal, county, city or other local codes, zoning, and/or regulations and compliance related thereto. 09 MARKETING & PHOTOGRAPHY:Buyer hereby authorizes Seller to take and/or publish photographs of the Project or Property for use in Company’s print, website, social media, broadcast media, and/or video-based marketing materials, as well as other Seller publications. It is Seller’s intention to upload any photographs taken on its Facebook page, website or any other lawful social media outlets as well as use them in print/marketing materials. Buyer understand and agree that all photographs taken and/or time-lapse videos made by Seller will become the property of Seller. Buyer hereby releases and agrees to hold Seller harmless from any reasonable expectation of privacy or confidentiality associated with any images/photographs taken by the Seller. 10 DESIGN ENGINEERING:Seller reserves the right to change specifications and/or designs of the goods or their components based on Seller’s interpretation of Seller’s Approved Submittal at no cost to Buyer. Failure by Buyer to promptly approve Seller’s Submittal may result in added charges or change orders on behalf of Seller. If any goods shall be manufactured or sold by Seller to meet Buyer's specifications or requirements and are not a part of Seller's standard product offering, Buyer agrees to indemnify and save harmless Seller from any and all damages, and for claims and demands for actual or alleged infringement of any United States or foreign patents because of such goods. 11 DISPUTES:Any controversy or claim arising out of or relating to payment, or to Seller’s Submittal, Buyer and Seller’s Contract, including these Terms and Conditions of Sale, or any other matter, shall be settled exclusively in St. Louis County Missouri Circuit Court, or at Seller’s option, by arbitration administered by the American Arbitration Association (AAA) under its Construction Industry Arbitration Rules in St. Louis County, Missouri, and Buyer hereby waives any appeal from the arbitration award and consents to the confirmation and entry of judgment thereon with or without notice in any court having jurisdiction over either Buyer or Seller. Buyer and Seller agree to use the Fast Track Procedures provided for by AAA Rules and Procedures and to be governed by the laws of the State of Missouri. Effective: 04/01/2018 This document is copyrighted and only for use between Arizon Building Systems and the Buyer named in this document. © Copyright Arizon Structures Worldwide LLC, 2014, All Rights Reserved. Buyer's Initials________ Page 207 of 268 Page 208 of 268 Page 209 of 268 10-4-23 Page 210 of 268 Pasco City Council Meeting February 26, 2024 Pa g e 2 1 1 o f 2 6 8 Memorial Pool Dome *Located at the corner of Shoshone St. and N. 14th Ave. Pa g e 2 1 2 o f 2 6 8 Current Facility •50 Meter Lap Pool w/ Diving Well •Pool house with Locker rooms and Lifeguard office •Parking Lot •Spray Pad •Zero Depth entry kids' pool •Two Water Slides •Two Shade Shelters •Three Shade Umbrellas •Shaded Bleachers •Grass Area for patron use Pa g e 2 1 3 o f 2 6 8 Current Use •Swim Teams •Channel Cats (May-Aug) •Recreation Summer League (June-Aug) •Girls High School Swim Teams (Aug-Oct) •Swim Lessons (June-Sept) •Open Swim (June-Aug) •Lap Swim (June-Aug) •Special Events (June-Aug) •Lifeguard Training (May) •Rentals (June-Aug) •Group Use - during open swim (June-Aug) Pa g e 2 1 4 o f 2 6 8 Current Seasonal Constraints •Indoor Pool Availability and Capacity •Only Indoor Pool in Pasco is Lifequest (Only 20 Yd Pool) •Pacific Clinic, Columbia Basin Racquet Club, & Kia Ora in Kennewick & Richland •High School Boys Swim Team •Winter Season (Practice at Kia Ora in Kennewick – Limited Capacity with only 4 Lanes) •Kennewick Schools do not have Boys Swim due in part to available facilities Pa g e 2 1 5 o f 2 6 8 Current Seasonal Constraints •Hosting Competitions •50 Meter Summer Swim Competitions = Yes •Dive Competitions (Girls Season) = Yes •Dive Competitions (Boys Season) = No •25 Yd Swim Competitions (Anytime) = No •Swim Lessons, Open Swim, Lap Swim, Etc. •Only Available during summer at Memorial Pool Pa g e 2 1 6 o f 2 6 8 Memorial Pool Dome Teams Set to Use Memorial: •Pasco High Boys & Girls Swim Teams •Chiawana High Boys & Girls Swim Teams •PSD High School #3 Boys & Girls Swim Teams •Tri -Cities Channel Cats Other Teams That Have Expressed Interest •Kennewick High Schools •Richland High Schools Example Pool with Bulkhead Divider: Pa g e 2 1 7 o f 2 6 8 Enhanced Offerings Available with Dome •Scuba Diving Classes •New Community Leagues: •Innertube Water Polo •Regular Water Polo •Paddleboard Yoga •Year-Round Lessons, Classes, & Swims •Special Events •Dive-In Movies •New Year’s Splash Pa g e 2 1 8 o f 2 6 8 Memorial Pool Dome Next Step = Air Dome System What is included: •Dome •HVAC System •Support Generator •Installed September to May •Stored during Summer Season Cost: $547,866 – 7 Month Delivery Life Expectancy: 20-year, prorated warranty on material Pa g e 2 1 9 o f 2 6 8 Project Overview •Salt Generator Replacement – *Done 2023 •Pool Heater Replacement – *Done 2023 •Pool Dome Footing to support dome – In Design ~350K •Bulkhead Pool Divider ~380K •Will Double Swim team Practice Capacity of Pool •Will make practicing with Starting Blocks possible •Will Give Ability to host 25 yd Swim Competitions •Removed\Installed Seasonally like dome •Pool House Facility Upgrades •HVAC System •Insulation Pa g e 2 2 0 o f 2 6 8 Additional Upgrades Dependent on Balance of Funding: •Fencing replacement •Playground structure •Streetside Sign & Reader Board •Sealing and Striping of Parking Lot •Front Entrance Update Pa g e 2 2 1 o f 2 6 8 Project Summary NOW: •Seeking Authorization to Purchase Arizon Pool Dome •$547,866 •Purchased made via Greenbush Purchasing Cooperative NEAR FUTURE: •Returning to Council For Additional Approvals: •Bulkhead Pool Divider Purchase •Footing Construction Project Award Pa g e 2 2 2 o f 2 6 8 Questions? Pa g e 2 2 3 o f 2 6 8 Pasco City Council Meeting February 26, 2024 Pa g e 2 2 4 o f 2 6 8 AGENDA REPORT FOR: City Council February 27, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 3/4/24 FROM: Jesse Rice, Director Parks & Recreation SUBJECT: Ordinance No. 4708 & Resolution No. 4430 - Budget Amendment and Purchase Authorization for A Street Sports Complex Phase 1.5 - Sports Field Lighting I. REFERENCE(S): Ordinance - Budget Adjustment - Approve expenditure from Community Park Fund Resolution - Musco Sports Field Lighting Purchase Authorization A Street Field KCDA Quote 1 - Purchase & installation of LED Sports Lighting at A Street Sports Complex Main Field Email from Musco stating $100,000 in-kind donation will be deducted from Quote total Resolution Sports Musco the of Acceptance Award - 4326 No. and Lighting/National Recreation & Park Association Youth Sports Equity Grant Program, Memorandum of Understanding, and In-Kind Donation Agreement Photos of A Street Phase 1 Project - before and after PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordnance No. 4708, amending the 2023-2024 Biennial 4620), approving By No. (Ordnance Budget Projects Capital supplement thereto; to provide additional appropriation in the City's Park Development Fund, Community Park Division and, further, authorize publication by summary only. MOTION: the authorizing 4430, No. Resolution to move I City approve Manager to execute a purchase agreement with Musco Sports Lighting, LLC for the purchase and installation of field lighting at the A Street Sports Complex. Page 225 of 268 III. FISCAL IMPACT: Purchase & Installation Quote $368,745, less Musco In- Kind Grant of $100,000: $ 268,745.00 Building Permit: $ 2,500.00 Tax: $ 32,819.00 TOTAL: $ 304,064.00 IV. HISTORY AND FACTS BRIEF: The A Street Sports Complex, situated at the intersection of Elm Avenue and A Street, is undergoing development to transform its 28-acre expanse into a multi-sport facility catering to East Pasco, the City of Pasco, and the wider Tri- Cities area. The comprehensive project is divided into four phases, with the initial phase, completed in 2023, utilizing 8 acres to create three multi-use sports fields along with necessary support infrastructure. Funding for Phase 1 included support from a Washington State Youth Athletic Facilities grant. In December 2022, the City pursued a grant from the National Recreation and Park Association (NRPA) and Musco Sports Lighting, securing $100,000 worth of in-kind sports lighting to advance the A Street Sports Complex initiative. By March 2023, the City Council approved the acceptance of the Musco Sports Lighting/NRPA Youth Sports Equity Grant Program, solidifying a Memorandum of Understanding and an In-kind Donation Agreement. in-kind the utilizing to committed $100,000 the agreement, the Per City donation from Musco Sports Lighting to install sports field lighting within the subsequent year. However, it was clarified to the Council in March 2023 that additional funds beyond the Musco grant were necessary, prompting the Council to allocate additional funding to support the project. Staff efforts to secure additional funding through the Community Development Block Grant (CDBG) were unsuccessful. Illuminating the fields at the A Street Complex is deemed essential to enriching the community asset and enhancing sports field accessibility in eastern Pasco, aligning with the objectives outlined in the Parks, Recreation, and Open Space Master Plan. Staff recommends proceeding with the installation of LED Musco sports lighting as stipulated in the agreement, proposing funding from the Park Development Fund's Community Park District, which possesses adequate funds to cover the estimated expenses. Following Council's budgetary authorization, procurement and installation will be facilitated through the KCDA purchasing cooperative, in accordance with the bidding with comply City's policy purchasing requirements. to The Page 226 of 268 installation of the lights is scheduled for this spring, ensuring readiness for public use coinciding with the availability of Phase 1 of the project in early fall. Staff presented this purchase request and budget adjustment at the February 26, 2024, Council Workshop. V. DISCUSSION: Staff recommends approving a budget amendment totaling $304,064 for the installation of LED sports lighting at the main field of the new A Street Sports Complex, utilizing funds from the Park Development Fund's Community Park District. Page 227 of 268 Ordinance – 2023 – 2024 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), BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S PARK DEVELOPMENT FUND, COMMUNITY PARK DIVISION. 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 Capital Projects Budget included the A Street Sports Complex Phase 1 project which was recently completed in December 2023; and WHEREAS, on March 20, 2023, the City Council approved the acceptance of the Musco Sports Lighting/National Recreation & Park Association Youth Sports Equity In-Kind Grant of $100,000 toward the installation of LED sports lighting at the A Street Sports Complex main field; and WHEREAS, the installation of the field lighting will be known as the A Street Sports Complex Phase 1.5; and WHEREAS, the total A Street Sports Complex Phase 1.5 project cost is estimated at $404,064; and WHEREAS, the City has identified that the remaining project funds above and beyond the $100,000 In-kind Musco Grant needed to complete the project can be taken from the Park Development Fund Community Park District funds; and WHEREAS, the LED sports lighting together with installation can be purchased through an approved purchasing cooperative as encouraged by the City’s purchasing policy. 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 Capital Projects 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: Page 228 of 268 Ordinance – 2023 – 2024 Capital Projects Budget Amendment - 2 Fund EXPENDITURE REVENUE Park Development Fund Community Park District General Construction Fund $304,064.00 $304,064.00 $304,064.00 Total $608,128.00 $304,064.00 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 validi ty 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, 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 ____________________, 2024. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 229 of 268 Resolution – Purchase Agreement for Lighting at A St Sports Complex - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC FOR THE PURCHASE AND INSTALATION OF FIELD LIGHTING AT THE A STREET SPORTS COMPLEX. WHEREAS, the City of Pasco (City) has recognized the need for additional field lighting to support the growing number of youth and adult sports participants in Pasco; and WHEREAS, the City, in March of 2023, was selected as a recipient of the Musco Sports Lighting/National Recreation & Park Association Youth Sports Equity In-Kind Grant of $100,000; and WHEREAS, the City has approved appropriation of Park Development Fund Community Park District funds to cover the remaining project costs above and beyond the $100,000; and WHEREAS, the purchase will be made through the KCDA Purchasing Cooperative as encouraged by the City’s Purchasing Policy Administrative Order to meet competitive bidding requirements; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the Purchase Agreement with Musco Sports Lighting, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco, Washington, approves the terms and conditions of the Purchase Agreement between the City of Pasco and Musco Sports Lighting, LLC as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Purchase Agreement and any future associated change orders, not to exceed 10% total project cost, should they arise, on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Page 230 of 268 Resolution – Purchase Agreement for Lighting at A St Sports Complex - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _________________, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 231 of 268 2016, 2022 Musco Sports Lighting, LLC -1 - M-2167-enUS-10 Quote Quote Project: A Street Fields Date: February 2, 2023 To: Brent Kubalek Pasco, WA Ref: 224464 King County Directors Association Master Project: 195250, Contract Number: 23-406, Expiration: 02/28/2024 Commodity: Sport Court/Field Lighting Quotation Price – Materials Delivered to Job Site and Installation KCDA Contract Price – 30fc .......................................................................................................... $217,391.00 Adder – Installation ...................................................................................................................... $148,000.00 Performance and Payment Bond ..................................................................................................... $3,354.00 Total Price (Equipment and Installation): ............................................................................. $368,745.00 Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Light-Structure System™ with Total Light Control – TLC for LED™ technology Guaranteed Lighting Performance •Guaranteed light levels •Targeted light, optimizing visibility with no glare in the participants typical line-of-sight System Description – All materials and labor required for installation of approved design is included in the scope of work •(4) Pre-cast concrete bases with integrated lightning grounding (4)70 ft Galvanized steel poles •Factory wired and tested remote electrical component enclosures •Pole length, factory assembled wire harnesses •(4) Factory wired pole top luminaire assemblies •(20) Factory aimed and assembled TLC-LED luminaries •UL Listed assemblies •Control-Link® Control and Monitoring system with onsite dimming(high/med/low/blackout). •Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years •Includes a detailed foundation design, signed, and sealed by a licensed structural engineer, registered in the State of Washington. Structural code and wind speed = 2018 IBC, 100 MPH, Exp C. Scope of Work: Installation Services Provided The work shall be completed by, a licensed Electrical Contractor, Licensed in the State of Washington, under contract to Musco Sports Lighting. The installation includes delivery and unloading of the Musco equipment upon arrival to the job site, installation of pre-cast concrete foundations and concrete backfill. Assembly and installation of new galvanized steel poles, assembly and mounting of the luminaire assemblies, electrical enclosures and wiring harnesses on each of the poles. Wiring for the Lighting System is from the luminaire assemblies down to the remote electrical enclosures at the base of each pole where they will be terminated on the Musco supplied disconnect breaker. Quote Install a new meter base and 208V/3PH - 200 amp distribution cabinet near the SW corner of the field. Trench from the service location to each Musco pole location. In-ground boxes will be installed next to each pole and conduit will be installed from the service location to each in-ground box and from each in-ground box to each of the Musco poles. Trenches Page 232 of 268 2016, 2022 Musco Sports Lighting, LLC -2 - M-2167-enUS-10 Quote Quote will be backfilled and compacted, conductors will be pulled through the new conduits from each pole to each ground box and from each in ground box to the distribution cabinet, all splicing, and terminations will be completed. We will trench from the existing transformer to the meter base, install conduit, backfill, and install conductors. The utility will terminate and energize the system. The lighting system will be commissioned and ready for use. Ground protection will be placed on hardscape (as needed) to protect these surfaces and to provide access for trucks, crane, concrete trucks, lift equipment and material handling equipment. The electrical permit is included. The building permit will be by others. Payment Terms Musco’s Credit Department will provide payment terms. Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC & KCDA: KCDA Attn: Thomas Kim Email: customerservice@kcda.org Musco Sports Lighting, LLC Attn: Musco Contracts Fax: 800-374-6402 Email: musco.contracts@musco.com All purchase orders should note the following: KCDA purchase – Contract Number: 19-406 Client to submit purchase order directly to KCDA. Parties agree that payment from Client to KCDA is a condition precedent to payment from KCDA to the Contractor (Musco) and that KCDA will use such payments from the Client to pay Contractor (Musco). Delivery Timing 8 - 12 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole locations. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: •Payment and performance bond included at $9.18/1000 •Pricing reflects current KCDA pricing. •Shipment of the entire project to one location in two shipments. The pre-cast foundations will be shipped separate from the poles, lighting equipment and controls. •Structural code and wind speed = 2018 IBC, 100mph, Exposure C, Importance Factor 1.0. •Trenching, backfill, conduit and in-ground boxes by others. •Reasonable access to poles provided by others. •Light Levels and uniformities are guaranteed by MUSCO, any additional aiming required to meet the specified requirements shall be done by MUSCO. •Confirmation of pole locations prior to production. Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Tim Butz Musco Sports Lighting, LLC Phone: 503/720-6625 E-mail: tim.butz@musco.com Tim Butz Musco Sports Lighting, LLC Phone: 503/720-6625 E-mail: tim.butz@musco.com Quote/Scope of Work Approved by:_______________________________ Date Approved: ___________________________________ Page 233 of 268 From:Tim Butz To:Brent Kubalek Subject:A Street Fields Date:Thursday, December 14, 2023 12:30:30 PM Attachments:A street Fields KCDA Quote 1.pdf [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Brent, The KCDA quote is attached for the A Street Field project. I apologize for the delay. I've been out of the office a lot lately and just now getting back to it. Note that the attached pricing does NOT include your $100,000.00 deduct for the NRPA grant. Please call if you have any questions or require any additional information. Thanks Tim Butz Page 234 of 268 Page 235 of 268 Page 236 of 268 Page 237 of 268 Page 238 of 268 Page 239 of 268 Page 240 of 268 Page 241 of 268 Page 242 of 268 Page 243 of 268 Page 244 of 268 Page 245 of 268 Page 246 of 268 Page 247 of 268 Pasco City Council Meeting February 26, 2024 Pa g e 2 4 8 o f 2 6 8 A Street Sports Complex *Located at the corner of S. Elm Ave. and E. A Street just East of Oregon Ave. in Southeast Pasco Pa g e 2 4 9 o f 2 6 8 A Street Sports Complex –Phase 1 Completed December 31, 2023 •Three multi-sport fields •ADA paths & Viewing pads •Parking •Extended South Elm Street with infrastructure •Complex set to Open to public September 1 Total Project Cost $1.6 Million including $350,000 State Grant Pa g e 2 5 0 o f 2 6 8 A Street Sports Complex – Today •Project to install LED Sports field lighting on Main Field •Total Projected Project Cost: $404K •$100K Lighting Grant from MUSCO Sports Lighting - NRPA Sports Equity •$304K from Park Development Fund - Community Park District •Purchased through the KCDA purchasing Cooperative, includes installation •Pasco’s 1st LED lit community sports field •Projected Completion Date May 31,2024 Pa g e 2 5 1 o f 2 6 8 A Street Sports Complex – Future •Phase 2: $ 3Million - $5 Million •Additional Sports Fields •Playground •Expanded Parking Lot •Restroom/Concession Building •*Will Require Extension of Cedar Ave for 2nd Site Access •Phase 3: $4 Million - $6 Million •Purchase of remaining 4 Acres •Additional Sports Fields •Turf and Bleachers on Main Field •Additional Lighted Fields •Food Truck Pads •Shelter(s) •Expanded Parking •Phase 4: $3 Million - $6 Million •Air Dome covered year-round Turf multi- sport field(s) Pa g e 2 5 2 o f 2 6 8 Policy Decision ▪Asking Council for approval to proceed with purchase of Lighting from MUSCO Cooperative ▪Asking Council for approval to adjust budget to expend funds from Community Park District Fund Pa g e 2 5 3 o f 2 6 8 Questions? Pa g e 2 5 4 o f 2 6 8 Pasco City Council Meeting February 26, 2024 Pa g e 2 5 5 o f 2 6 8 AGENDA REPORT FOR: City Council February 28, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 3/4/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Resolution No. 4431 - Setting a Public Hearing for Pasco School District No. 1 Orion High School Right-of-Way Vacation (VAC 2023-003) I. REFERENCE(S): Proposed Time and Date Resolution Exhibit A Vicinity Map PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4431, setting 7:00 p.m., Monday, April 1, 2024, as the time and date for a public hearing to consider the vacation of a portion of East Salt Lake Street right-of-way in Blocks 20 and 21 of Frey's Addition to Pasco, Washington, and waiving the requirements for an appraisal, title report, and payment of compensation. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In November of 2023, applicant Amanda Whitehead of Knutzen Engineering, acting on behalf of Pasco School District No. 1, submitted a Special Permit application (SP 2023-013) to locate a Career and College Academy High School at the Northeast corner of the North Utah Avenue and East Salt Lake Street intersection (Parcel No. 113474050). The proposed project associated with the special permit application includes the construction of a new Pasco School District Career and College Academy High School. The school will consist of approximately 75,000 square foot facility, with capacity for 600 students, grades 9-12. A map of the project location can be found in Vicinity Map. Page 256 of 268 As a part of the school construction project, the applicant requested the vacation of a portion of East Salt Lake Street right-of-way in Blocks 20 and 21 of Frey's Addition to Pasco. V. DISCUSSION: Chapter 12.40 of the Pasco Municipal Code (PMC) establishes the procedure and criteria for consideration and determination of vacation of streets, alleys, and access easements related to street, pedestrian, or travel purposes for public use. The applicant is requesting a vacation of a portion of East Salt Lake Street abutting the project site, as shown in Exhibit A. In evaluating the proposed street right-of-way vacation according to the PMC Section 12.40.070(1)-(4). Staff have determined that the requested vacation of the right-of-way will not adversely affect traffic accessibility and circulation or within the City as a whole; is not contemplated or needed for future use; no abutting property will become landlocked or have access substantially impaired; and the public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose, or in conflict with adopted transportation plans. Upon receiving a complete application for vacation, the City Council via resolution, shall fix a time when the City should conduct a public hearing on the proposed vacation (PMC Section 12.40.040). Staff recommends that the City Council move forward with the resolution, and set Monday, April 1, 2024, as the time and date for a public hearing to consider the vacation request. Page 257 of 268 Resolution – Setting PH for VAC 2023-003- 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, SETTING 7:00 PM, APRIL 1, 2024, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF THE NORTHERLY RIGHT-OF-WAY OF EAST SALT LAKE STREET RIGHT-OF- WAY IN BLOCKS 20 AND 21 OF FREY’S ADDITION TO PASCO, WASHINGTON-. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco, the City Council may vacate rights-of-way; and WHEREAS, a petition for vacation of a portion of the Northerly Right-of-Way of East Salt Lake Street in Blocks 20 and 21 of Frey’s Addition to Pasco by owners of more than two- thirds abutting the part of the street and alley to be vacated has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, the City may waive the requirements for a survey pursuant to PMC Section 12.40.110 if the location and legal description of the street or alley proposed for vacation is sufficiently known to the City such that an accurate legal description can be determined with certainty without a survey; and WHEREAS, as part of Frey’s Addition to Pasco is sufficiently known to the City such that a legal description is capable of being produced without the need for a survey; and WHEREAS, pursuant to PMC Section 12.40.120 compensation for vacated rights-of-way, an appraisal and title report may be waived if one or more of the following are applicable: the vacation is initiated by Council resolution; the vacation is at the request of the Ci ty; the right-of- way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by Resolution, and to provide notice for such hearing which shall occur no later than sixty (60) days after, nor earlier than twenty (20) days after, the passage of this Resolution setting a public hearing. Page 258 of 268 Resolution – Setting PH for VAC 2023-003- 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Notice of Hearing. That a public hearing to consider vacating the following as described below and depicted in Exhibit A, attached hereto, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 1st day of April, 2024: That parcel of land being a portion of the Northerly Right-of-Way of East Salt Lake Street, located in a portion of the Southeast Quarter of the Southeast Quarter of Section 20, Township 9 North, Range 30 East, Willamette Meridian, Franklin County, Washington, described as follows: Beginning at the Southeast corner of Block 20 of “Frey’s Addition” according to the plat thereof recorded under Volume B of Plats at Page 16, records of Franklin County, Washington; Thence South 70°08'52" West along the Southerly line of said Block 20 and Block 21 and portions of vacated alley ways, 541.39 feet; Thence South 64°51'09" East, 14.14 feet to a point 10.00 from when measured at right angles to the Southerly lines of said Blocks 20 and 21; Thence North 70°08'52" East, parallel with and 10.00 feet from when measured at right angles to the Southerly lines of Blocks 20 and 21, 527.94 feet to the East line of said Southeast Quarter; Thence North 00°47'42" West along the East line of said Southeast Quarter, 10.58 feet to the POINT OF BEGINNING; Containing 5346 sq ft Together with and subject to easements, reservations, covenants and restrictions apparent or of record. Be It Further Resolved, that the City Clerk of the City of Pasco give notice of said public hearing as required by law. Be It Further Resolved, that the City Council will decide whether to waive the requirements for an appraisal, title report, and compensation after the April 1, 2024, public hearing. Be It Further Resolved, that this Resolution shall take effect immediately. Page 259 of 268 Resolution – Setting PH for VAC 2023-003- 3 PASSED by the City Council of the City of Pasco, Washington, this ___ day of _______________, 2024. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 260 of 268 \ EXHIBIT "A" JOB NO: 23-215 DATE: 10-24-23 ...> --0 �� �� � < �.> 0 ID O' CURVE RADIUS C5 25.00' RIGHT -OF -WAY --t-----,....;::==:���-DEDICA Tl ON - NOT TO SCALE CURVE TABLE DELTA ARC DIST. 23°34'44" 10.29' PASCO SCHOOL DISTRICT NO. 1 PARCEL NO. 113474050 9.50 ACRES CHORD BEARING CHORD DIST. S 31 °38'32" E 10.22' BLOCKS 20, 21, 36 AND 37 AND VACAlED NEVADA. PUEBLO AND ALLEY WAYS OF •FREY"s ADDITION• (B-16) SOUTHEAST CORNER OF BLOCK 20 10' RIGHT-OF-WA VACATIO �1 dff)f �o•Ou ,,:.i� ? p.,B-�0,oo'\ ,-:;/ - \ y;p._B-��to s0 \ \\:.l \ ct'-\ ? p._B. o\OA-'\ ,\:.is \ -" -0 -" )> t.,.J ;a ()1 0 ()1 rTJ o,0 ---.J Page 261 of 268 Pa g e 2 6 2 o f 2 6 8 Pasco School District is building the “Orion” Career & College Academy High School to provide a career and technical education to prepare students for either employment immediately upon graduation or for further education. Pa g e 2 6 3 o f 2 6 8 The picture can't be displayed. Looking Northeast along East Salt Lake Street Power Line locations along East Salt Lake Street may interfere with required frontage improvements Pa g e 2 6 4 o f 2 6 8 The Pasco School District wishes to vacate 10’ of Right-of-Way to have sufficient room to develop all required frontage improvements. Pa g e 2 6 5 o f 2 6 8 PSD “Orion” High School ROW Vacation Per PMC Section 12.40.070(1)-(4) The City Council shall use the following criteria for approval of the petition: (1)The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; (2)The right-of-way is not contemplated or needed for future public use; (3)No abutting property will become landlocked, or its access substantially impaired; and (4)The public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose. Staff has determined that the above criteria have been met. Pa g e 2 6 6 o f 2 6 8 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 267 of 268 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 268 of 268