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HomeMy WebLinkAbout2024.10.28 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, October 28, 2024 Pasco City Hall, Council Chambers & Microsoft Teams Webinar 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 workshop. The Pasco City Council Workshops 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. To listen to the meeting via phone, call 1-323-676-6197 and use access code 891 707 303#. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT – the public may comment on each topic scheduled for discussion, up to 2 minutes per person with a total of 8 minutes per item. If opposing sides wish to speak, then both sides receive an equal amount of time to speak or up to 4 minutes each side. 3 - 47 (a) Amending PMC Title 25 Zoning Related to Overnight Truck Habitation (10 minutes) 48 - 58 (b) Traffic Impact Fee Study (7 minutes) 59 - 111 (c) Presentation of 2025-2026 Biennial Budget (25 minutes) Page 1 of 237 112 - 130 (d) Resolution - Acceptance of Work of A Street Phase 1.5 Project (5 minutes) 131 - 167 (e) Resolution - Professional Services Agreement Amendment No. 2 with Jacobs for Butterfield Water Treatment Plant Improvements (5 minutes) 168 - 211 (f) Resolution - West Pasco Water Treatment Plant Phase 3 and 4 Drinking Water State Revolving Fund Loan Acceptance (5 minutes) 212 - 221 (g) Resolution - Butterfield Water Treatment Plant Drinking Water State Revolving Fund Loan Application Approval (5 minutes) 222 - 235 (h) Resolution - Change Order No. 6 for the East Urban Growth Area Expansion Sewer Local Improvement District No.152 Phase 4 Project (5 minutes) 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION 8. ADJOURNMENT 9. ADDITIONAL NOTES 236 - 237 (a) Adopted Council Goals (Reference Only) (b) 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 City Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 237 AGENDA REPORT FOR: City Council October 24, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/28/24 FROM: Craig Raymond, Deputy Director Community & Economic Development SUBJECT: Amending PMC Title 25 Zoning Related to Overnight Truck Habitation (10 minutes) I. REFERENCE(S): Exhibit A - Draft Ordinance Amending PMC Title 25 to allow for Overnight Truck Habitation, Planning Commission Recommendation Exhibit B - Map: Land and Available for Truck Habitation Exhibit C - Applicant Project Scope and Draft Ordinance Exhibit Applicant and Commission Planning - Differences D between Ordinance Power Point Slides II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City of Pasco received a request from B4 Development and Consulting (B4) to initiate a text amendment to Title 25 Zoning of the Pasco Municipal Code (PMC), to accommodate overnight truck habitation. This proposed use is distinct from other uses in the PMC, such as off-street parking lots and truck stops. This request entails establishing designated areas for drivers to sleep or reside in their trucks overnight as a site’s primary use, a matter not currently addressed by the existing PMC. The movement of freight has rapidly increased over the past several years, but facilities to support freight operators such as truck drivers, has not kept pace. The Planning Commission acknowledges the importance of amending the Page 3 of 237 PMC to support freight operators in such a way that the local economy, as well as the residents of Pasco are supported, and their interests protected. V. DISCUSSION: As of now, overnight truck habitation is not explicitly defined within the PMC. However, according to PMC Sections 25.120.020 and 25.125.020, "All uses not otherwise prohibited by law" are permitted within the I-2 and I-3 zoning districts, respectively. Hence, overnight truck habitation is permitted in these districts as a recognized use. The purpose of the amendment is to delineate overnight truck habitation as a designated use within the Pasco Municipal Code. This involves specifying the zoning districts where this use would be permitted either as a matter of right or through a special permit process, and to formulate suitable development standards that objectively regulate aspects such as site design, layout, and environmental considerations. The draft Ordinance (Exhibit A) was crafted by the Planning Commission over several meetings (February 15, April 18, July 18, and August 15, 2024) and two year. past this 2024) 9, September and 16, (May hearings public Emphasis was placed on safety and security of the site and the truck drivers, attention paid to proximity to like uses/avoiding the creation of nuisance conditions, and ensuring sanitation. This results in Overnight Truck Parking and Habitation Facilities allowed only in industrial zoning districts (I-1, I-2, and I-3) as primary and accessory uses via a special permit, with a minimum 1,000- foot non-existing districts, zoning residential and from buffer mixed-use conforming residential uses, parks, and schools (Exhibit B), and additional specific development standards. The draft Ordinance was recommended to the City Council by the Planning Commission at the September 9, 2024 public hearing. On October 18, 2024, B4 proposed alternative draft language (Exhibit C). Some key differences between the Planning Commission recommended draft Ordinance and the B4 alternative is that B4 proposes that facilities be allowed in the C-3 zoning district, as well as all industrial districts, a 50-foot buffer from C-1 the and residential and mixed-use zoning districts, and removing requirement for parking stalls and drive isles to be paved, trash receptacles, and on-site management (Exhibit D). Page 4 of 237 Ordinance – Amending PMC Title 25 - Zoning - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE TITLE 25 “ZONING” TO ALLOW FOR OVERNIGHT TRUCK PARKING AND HABITATION. WHEREAS, freight truck parking shortages are a national concern affecting the safety of commercial motor vehicle drivers and other roadway users as well as the efficiency of U.S. supply chains; and WHEREAS, the need for safe freight truck parking has been identified by the United Stated Department of Transportation, the Federal Highway Administration, and Washington State Department of Transportation especially during the hours of 7PM to 5AM; and WHEREAS, overnight truck habitation (residing in a parked truck overnight) is not explicitly defined within the Pasco Municipal Code; and WHEREAS, this code amendment is intended to define overnight truck parking and habitation as a use within the Pasco Municipal Code. This involves specifying the zoning districts where this use would be permitted and establishing regulations regarding said use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 25.15.170 of the Pasco Municipal Code (PMC) entitled “O definitions” is hereby amended and shall read as follows: 25.15.170 O DEFINITIONS. “Open space” means an unoccupied space open to the sky on the same lot with a building. Outdoor Storage. See definition under PMC 25.180.030. Overnight Truck Parking and Habitation. See definition under PMC 25.163.020. Section 3. Title 25 of the PMC entitled “Zoning” is hereby amended and shall read as follows: TITLE 25 ZONING Chapters: 25.05 Title – Purpose 25.10 Interpretation and Enforcement Exhibit A Page 5 of 237 Ordinance – Amending PMC Title 25 - Zoning - 2 25.15 Definitions 25.20 Zoning Districts Established – Zoning Map 25.22 Zone District Standards 25.25 R-T Residential Transition District 25.30 R-S-20 Suburban District 25.35 R-S-12 Suburban District 25.40 R-S-1 Suburban District 25.45 R-1 Low Density Residential District 25.50 R-1-A Low Density Residential Alternate District 25.55 R-1-A2 Low Density Residential Alternate District 25.60 R-2 Medium Density Residential District 25.65 R-3 Medium Density Residential District 25.70 R-4 High Density Residential District 25.75 RP Residential Park District 25.80 O Office District 25.85 C-1 Retail Business District 25.90 C-2 Central Business District 25.95 Downtown Pasco Overlay District 25.97 Broadmoor Overlay District 25.100 C-3 General Business District 25.105 C-R Regional Commercial District 25.110 BP Business Park District 25.115 I-1 Light Industrial District 25.120 I-2 Medium Industrial District 25.125 I-3 Heavy Industrial District 25.127 Mixed-Use District 25.130 I-182 Corridor Overlay District 25.135 Commercial Corridors Design Standards 25.140 Planned Unit Development 25.145 Planned Density Development 25.150 Home Occupations 25.155 Density Increase 25.160 Recreational Vehicle Parks 25.161 Accessory Dwelling Units 25.162 Single Room Occupancy Housing 25.163 Overnight Truck Parking and Habitation. 25.165 Use Regulations 25.170 Nonconforming Uses 25.175 Site and Building Design Standards 25.180 Landscaping and Screening 25.185 Off-Street Parking 25.190 Airport Overlay District 25.195 Land Use Hearings by Examiner 25.197 Mineral Lands 25.200 Special Permits 25.205 Homeless Temporary Shelters Page 6 of 237 Ordinance – Amending PMC Title 25 - Zoning - 3 25.210 Amendments and Rezoning 25.215 Comprehensive Plan 25.220 Annexation Procedure Section 4. That a new Chapter of the Pasco Municipal Code, 25.163, entitled “Overnight Truck Parking and Habitation” is hereby created and shall read as follows: CHAPTER 25.163 OVERNIGHT TRUCK PARKING AND HABITATION Sections: 25.163.010 Purpose. 25.163.020 Definition. 25.163.030 Permitted zones. 25.163.040 General requirements and development standards. 25.163.010 Purpose. (1)The purpose of this chapter is to improve the state of truck parking in Pasco by ensuring that Overnight Truck Parking and Habitation facilities are located, developed and occupied in accordance with standards and regulations which will protect the health, safety, general welfare and convenience of the users of such facilities and the residents of the City of Pasco. 25.163.020 Definition. “Overnight Truck Parking and Habitation Facility” means an off-street site where commercial vehicle drivers can park their vehicles, with or without an attached trailer, where said driver can access on-site amenities and sleep in their vehicle. 25.163.030 Permitted zones. An Overnight Truck Parking and Habitation facility is prohibited in all zoning districts as a primary or accessory use, other than the following zoning districts where it may be approved as a conditional use via special permit per Chapter 25.200 PMC: I-1 (Light Industrial District). I-2 (Medium Industrial District). I-3 (Heavy Industrial District). 25.163.040 Development standards. (1)Prohibited within 1,000 feet of Residential or Mixed-Use zoning districts, existing residential uses (Including Recreational Vehicle Parks that allow long-term stays. Excluding caretaker’s residences per PMC 25.165.060), parks, and schools. Page 7 of 237 Ordinance – Amending PMC Title 25 - Zoning - 4 (2) Site access to and from US 12, US 395, SR 397, I-182 shall be via truck routes as identified in PMC 10.80.040. (3)Site access, layout and interior circulation must accommodate the safe and efficient movement of a minimum 67-foot wheel base tractor-trailer. (4)Parking stalls and drive isles shall be paved. Parking stalls for tractor trailers must be designed to accommodate a tractor trailer with minimum 74-foot length and appropriately striped. (5) Maximum facility size: 15 acres, including stormwater management areas and other appurtenances. (6) Maximum stay shall not exceed 72 hours in a 96-hour period. (7)Security. (a)Site shall have 24-hour on-site management. (b)Site shall have an access gate(s) that automatically close after each vehicle and pedestrian. Pedestrians must not be able to access site under, over or around closed gates. Vehicle gates shall be set back a minimum 80 feet from travel lane of public road used to access the site and be equipped with security camera(s). (c)Site shall have a perimeter fence. When Overnight Truck Parking & Habitation is an accessory use, perimeter fencing shall encompass area designated for Overnight Truck Parking & Habitation. (8) Lighting. Area enclosed by perimeter fencing shall be lit to provide adequate vision, comfort and safety of site users. Lighting shall be uniform within the permitter fencing, with no dark patches or pockets. All lighting fixtures serving the site shall be full cutoff fixtures as defined by the Illuminating Engineering Society of North America (IESNA). Minimum Footcandles on Pavement 0.5 foot-candles (fc) Maximum Footcandles on Pavement 7.5 fc Uniformity Ratio, Maximum:Minimum 3:1 Minimum Footcandles at five (5) feet Above Pavement 0.25 fc Maximum light trespass on adjacent properties .1 fc Page 8 of 237 Ordinance – Amending PMC Title 25 - Zoning - 5 (9) Permanent Restrooms. Temperature controlled single-occupancy permanent restrooms, with a sink and toilet, shall be provided on-site per chart below. Restrooms shall be accessible whenever parking facility is in operation and connected to the City’s sewer utility. Truck Parking Stalls Minimum Number of Bathroom Stalls 1 to 15 1 16 to 35 2 36 to 55 3 56-80 4 81-110 5 111 to 150 6 Over 150 +1 per 50 (10)Solid Waste Disposal. Facilities shall be maintained free of litter and garbage. (a) Site shall have a minimum of one (1) commercial dumpster. (b)One (1) outdoor commercial trashcan shall be provided for every five (5) truck parking stalls. (11) On-site Amenities. (a)Water fountains or bottle fillers for potable water are required per table below: Truck Parking Stalls Minimum Number of Water Fountains or Bottle Fillers 1 to 50 1 51 to 100 2 101+ 3 (b)100 square feet of pet relief area shall be provided for every 30 truck parking stalls. Area shall be a minimum of 10 feet wide, contain a trash receptacle, and provide pet waste bags. (c)One (1) additional amenity shall be provided per 30 truck parking stalls. Each of the following is considered one amenity: a secure shower, a clothes washer and dryer, outdoor seating for four people, vending machine(s) for both beverages and food. Additional features can be considered amenities at the discretion of the Community and Economic Development Director. (12)Landscaping and screening. In apparent cases of conflict between provisions, the most restrictive shall prevail. (a)Site must comply with Chapter 25.180 PMC. Truck parking stalls are considered Page 9 of 237 Ordinance – Amending PMC Title 25 - Zoning - 6 parking lots for purposes of landscaping and screening. (b)All areas of the facility, including perimeter setback areas not utilized for drive isles, parking stalls, walkways, buildings, and amenity areas, shall be landscaped. (c)All landscaping and screening shall be maintained. (13) Signage. (a)A map of City truck routes or a QR code for such map posted online, the City of Pasco Code Enforcement phone number, and the Benton Franklin Health District phone number shall be posted at the exit gate of the site and one additional location. (b)The phone number to the on-site manager that is available 24 hours a day to handle site access and site maintenance issues shall be posted at the site entry gate and on the restroom building. (14) Accessory uses. Management and maintenance buildings, guard houses, recreational facilities, restrooms, showers, laundry facilities, and other uses and structures customarily incidental to the operation of an Overnight Truck Parking and Habitation facility are deemed to be permitted accessory uses. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 7. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 10 of 237 Ordinance – Amending PMC Title 25 - Zoning - 7 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 202_. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 11 of 237 CA 2024-001: Overnight Truck Parking & Habitation Effects of -1,000-ft Buffer from Parks, Schools, Residential & Mixed Use Zoning Districts, and Existing Residential Uses & -Truck Routes on Overnight Truck Parking & Habitation Facility Location Parks _ ___. Schools ,....__� Residential & Mixed Use Zoning Districts & Existing Nonconforming Residential Uses 1----� 1-1, Light Industrial District �= 1-2, Medium Industrial District 1-3, Heavy Industrial District 1,000 ft Buffer from Residential & Mixed Use Zones School and Parks -Pasco City Limits -Highways & Approximate Local Truck Routes Pa'sco ii t t ii ,,, Exhibit B Pa g e 1 2 o f 2 3 7 TIGER PARKING NARRATIVE PARCEL # 113730062 & 113730071 We would like to introduce this exciting new concept of a high-end truck parking idea of a company called Tiger Parking. (www.trucklots.com) This company is interested in our two parcels located off Lewis Street in East Pasco. We are confident this is the perfect location for this type of business model, especially considering the growing operations of Amazon in the area. Tiger Parking aims to provide a safe and convenient parking solution for truckers, ensuring they have easy access to their cargo and can rest comfortably during their journeys. We hope this information addresses any questions or concerns you may have. FIRST – Please watch this video from Tiger Parking showcasing what is possible with this company. WHY TRUCK PARKING? The truck driving profession is a challenging one, especially when it comes to finding a safe and reliable parking spot. Parking is the leading cause of job-related stress for drivers. Tiger Parking is determined to solve this problem by offering secure and convenient truck parking lots for long- haul drivers. Tiger Parking makes life easier for over-the-road drivers by providing a secure, well- lit, and gated facility where they can reserve a guaranteed parking spot. The goal is to offer a restful and safe parking environment at a fair price. By giving drivers the peace of mind that comes with a guaranteed parking space, Tiger Parking empowers them to operate their businesses more efficiently and stop wasting time on the search for a safe place to park. Let’s start with a couple of videos from YouTube as a way of introduction for phase one only. This is a company managed by Tiger Parking but is only the beginning of where the company is headed. This is as close to the look and feel of phase one as could be imagined. https://www.youtube.com/watch?v=ekckf9xhjCU & https://www.youtube.com/watch?v=fgj9wCpOjBo One of the companies with a similar concept as phase one is www.bigrigparkingspaces.com 50 9 -84 5 -71 9 9 st e v e @b 4 l a n d . c o m S T E P H E N B A U M A N Exhibit C Page 13 of 237 STAFFING: Tiger Parking will offer customers a safe and secure parking experience. This site will be staffed around the clock, 24/7, and will be stationed in a portable work office in phase one. This office will be equipped to ensure that every aspect of your parking experience is safe and secure. Imagine an office that looks like the one below. AMENITIES / USES: Tiger Parking is excited to offer customers an exceptional overnight parking experience in a fully fenced, well-lit environment. Parking facilities will have 24/7 surveillance and on-site security personnel. During the first phase of operation, Tiger Parking will provide portable shower and restroom facilities, which will be available for use by customers and undergo regular inspection, maintenance, and cleaning by on-site staff. In these facilities, customers will have access to private shower stalls, sinks, and toilets. Our showers will be equipped with hot water and clean towels for customer use. The restroom facilities will be equipped with modern fixtures and will be maintained to the highest standards of cleanliness. On-site staff will be available to assist customers with any questions or concerns they may have during their stay. Tiger Parking is committed to providing a safe, comfortable, and convenient parking experience for all customers. Examples of what portable shower/restroom facilities may look like include… Page 14 of 237 Page 15 of 237 LENGTH OF STAY: The facility has been designed to target drivers that need overnight parking to achieve the appropriate amount of rest as required by the DOT before continuing their journey. In addition, we expect that other trucking fleets will use this valuable opportunity for the same requirements. The average length of stay for individuals operating their trucks will be limited to 24 hours and no long- term stays inside your big rig will be permitted. CLIENT BASE: This facility primarily will cater to trucking companies and owner-operator drivers. Other individuals and businesses are also welcome to avail themselves of its amenities following the same expected guidelines. HOURS OF OPERATION: To meet the needs of Tiger Parking Cliental, the facility will have uninterrupted access 24 hours per day 7 days a week. Page 16 of 237 PROPOSED IMPROVEMENTS: As per the approved plans, we will submit if we move forward, the lighting for the project will be fully built out in phase one. This will ensure that the entire area is well-lit and safe for all visitors. Additionally, the landscaping will be completed following the approved drawings we submit, ensuring that the greenery and foliage are in line with the desired aesthetic. Regarding paving, it is important to note that in phase one, a gravel lot with markings like those of Parcel # 113282047 in East Pasco will be completed. This will provide adequate parking space for visitors and ensure that the lot is functional and efficient. It is important to note that sewer will not be brought to the site in phase one. Sewage will be dealt with through regular cleaning and maintenance of the facilities at the owner's expense. Parcel #113282047 in Pasco is already a truck parking facility the difference is Tiger Parking will offer overnight stays with their lots and 24/7 onsite staff. Page 17 of 237 NUMBER OF STALLS: During the first phase Tiger Parking is planning to provide a total of 57 truck stalls and 3 hotshot stalls. These stalls will be designed to accommodate the specific needs of truck drivers, including adequate space for maneuvering and parking. In the second phase, which is a full build-out, Tiger Parking aims to offer a total of 139 truck stalls and 11 hotshot stalls. Tiger Parking understands the importance of providing a safe and secure environment for truck drivers to park their vehicles and rest, which is why they are taking all the necessary measures to ensure the stalls are built to the highest standards possible. **FUTURE PLANS** The company has an ambitious plan to establish 300 high-end truck parking areas across the country. In the future (phase 2), they intend to enhance the facilities by adding guest service buildings that would feature a plethora of possible amenities including laundry services, showers, break rooms, fitness centers, cafes, dog parks, health centers, and/or picnic areas. The company plans to recruit additional employees to provide top-notch services to truckers and other travelers. Page 18 of 237 ADDITIONAL PICTURES AS EXAMPLES: Page 19 of 237 Page 20 of 237 Page 21 of 237 Page 22 of 237 Submitted 2024.10.18 – page 1 Section 1. Section 25.15.170 of the Pasco Municipal Code (PMC) entitled “O definitions” is hereby amended and shall read as follows: 25.15.170 O DEFINITIONS. “Open space” means an unoccupied space open to the sky on the same lot with a building. Outdoor Storage. See definition under PMC 25.180.030. Overnight Truck Parking and Habitation. See definition under PMC 25.163.020. Section 3. Title 25 of the PMC entitled “Zoning” is hereby amended and shall read as follows: TITLE 25 ZONING Chapters: 25.05 Title – Purpose 25.10 Interpretation and Enforcement 25.15 Definitions 25.20 Zoning Districts Established – Zoning Map 25.22 Zone District Standards 25.25 R-T Residential Transition District 25.30 R-S-20 Suburban District 25.35 R-S-12 Suburban District 25.40 R-S-1 Suburban District 25.45 R-1 Low Density Residential District 25.50 R-1-A Low Density Residential Alternate District 25.55 R-1-A2 Low Density Residential Alternate District 25.60 R-2 Medium Density Residential District 25.65 R-3 Medium Density Residential District 25.70 R-4 High Density Residential District 25.75 RP Residential Park District 25.80 O Office District 25.85 C-1 Retail Business District 25.90 C-2 Central Business District 25.95 Downtown Pasco Overlay District 25.97 Broadmoor Overlay District 25.100 C-3 General Business District 25.105 C-R Regional Commercial District 25.110 BP Business Park District 25.115 I-1 Light Industrial District 25.120 I-2 Medium Industrial District 25.125 I-3 Heavy Industrial District Page 23 of 237 Submitted 2024.10.18 – page 2 25.127 Mixed-Use District 25.130 I-182 Corridor Overlay District 25.135 Commercial Corridors Design Standards 25.140 Planned Unit Development 25.145 Planned Density Development 25.150 Home Occupations 25.155 Density Increase 25.160 Recreational Vehicle Parks 25.161 Accessory Dwelling Units 25.162 Single Room Occupancy Housing 25.163 Overnight Truck Parking and Habitation. 25.165 Use Regulations 25.170 Nonconforming Uses 25.175 Site and Building Design Standards 25.180 Landscaping and Screening 25.185 Off-Street Parking 25.190 Airport Overlay District 25.195 Land Use Hearings by Examiner 25.197 Mineral Lands 25.200 Special Permits 25.205 Homeless Temporary Shelters 25.210 Amendments and Rezoning 25.215 Comprehensive Plan 25.220 Annexation Procedure Section 4. That a new Chapter of the Pasco Municipal Code, 25.163, entitled “Overnight Truck Parking and Habitation” is hereby created and shall read as follows: CHAPTER 25.163 OVERNIGHT TRUCK PARKING AND HABITATION Sections: 25.163.010 Purpose. 25.163.020 Definition. 25.163.030 Permitted zones. 25.163.040 General requirements and development standards. 25.163.010 Purpose. (1)The purpose of this chapter is to improve the state of truck parking in Pasco by ensuring that Overnight Truck Parking and Habitation facilities are located, developed and occupied in accordance with standards and regulations which will protect the health, safety, general welfare and convenience of the users of such facilities and the residents of the City of Pasco. 25.163.020 Definition. Page 24 of 237 Submitted 2024.10.18 – page 3 “Overnight Truck Parking and Habitation Facility” means an off-street site where commercial vehicle drivers can park their vehicles, with or without an attached trailer, where said driver can access on-site amenities and sleep in their vehicle. 25.163.030 Permitted zones. An Overnight Truck Parking and Habitation facility is prohibited in all zoning districts as a primary or accessory use, other than the following zoning districts where it may be approved as a conditional use via special permit per Chapter 25.200 PMC: C-3 (General Business District) I-1 (Light Industrial District). I-2 (Medium Industrial District). I-3 (Heavy Industrial District). An Overnight Truck Parking and Habitation facility will not be allowed to be located within the I-182 Corridor Overlay District. 25.163.040 Development standards. (1) Prohibited within 50 feet of Residential, C-1, or Mixed-Use zoning districts, including Recreational Vehicle Parks that allow long-term stays, unless a buffer zone is established. This buffer zone is required to ensure a smooth transition between zoning districts and minimize conflicts. (2) Site access to and from US 12, US 395, SR 397, I-182 shall be via truck routes as identified in PMC 10.80.040. (3) Site access, layout and interior circulation must accommodate the safe and efficient movement of a minimum 67-foot wheelbase tractor-trailer. (4) Parking stalls and drive isles shall have a hard surface. Parking stalls for tractor trailers must be designed to accommodate a tractor trailer with minimum 74-foot length and appropriately striped. (5) Maximum facility size: 20 acres, including stormwater management areas and other appurtenances. (6) Maximum stay shall not exceed 72 hours in a 96-hour period. (7) Security (a) Site shall have 24-hour management accessible. (b) Site shall have an access gate(s) that automatically close. Vehicle gates shall be Page 25 of 237 Submitted 2024.10.18 – page 4 set back a minimum 80 feet from travel lane of public road used to access the site and be equipped with security camera(s). (c)Site shall have a perimeter fence. When Overnight Truck Parking & Habitation is an accessory use, perimeter fencing shall encompass area designated for Overnight Truck Parking & Habitation. (8) Lighting. Area enclosed by perimeter fencing shall be lit to provide adequate vision, comfort and safety of site users. Lighting shall be uniform within the permitter fencing, with no dark patches or pockets. All lighting fixtures serving the site shall be full cutoff fixtures as defined by the Illuminating Engineering Society of North America (IESNA). (9) Permanent Restrooms. Temperature controlled single-occupancy permanent restrooms, with a sink and toilet, shall be provided on-site per chart below. Restrooms shall be accessible whenever parking facility is in operation and connected to the City’s sewer utility. Truck Parking Stalls Minimum Number of Bathroom Stalls 1 to 15 1 16 to 35 2 36 to 55 3 56-80 4 81-110 5 111 to 150 6 Over 150 +1 per 50 (10)Solid Waste Disposal. Facilities shall be maintained free of litter and garbage. (a)Site shall have a minimum of one (1) commercial dumpster. (11) On-site Amenities. Minimum Footcandles on Pavement 0.5 foot-candles (fc) Maximum Footcandles on Pavement 7.5 fc Uniformity Ratio, Maximum: Minimum 3:1 Minimum Footcandles at five (5) feet Above Pavement 0.25 fc Maximum light trespass on adjacent properties .1 fc Page 26 of 237 Submitted 2024.10.18 – page 5 (a)Water fountains or bottle fillers for potable water are required per table below: Truck Parking Stalls Minimum Number of Water Fountains or Bottle Fillers 1 to 50 1 51 to 100 2 101+ 3 (b)100 square feet of pet relief area shall be provided for every 30 truck parking stalls. Area shall be a minimum of 10 feet wide, contain a trash receptacle, and provide pet waste bags. (c)One (1) additional amenity shall be provided per 30 truck parking stalls. Each of the following is considered one amenity: a secure shower, a clothes washer and dryer, outdoor seating for four people, vending machine(s) for both beverages and food. Additional features can be considered amenities at the discretion of the Community and Economic Development Director. (12)Landscaping and screening. In apparent cases of conflict between provisions, the most restrictive shall prevail. (a)Site must comply with Chapter 25.180 PMC. Truck parking stalls are considered parking lots for purposes of landscaping and screening. (b)All areas of the facility, including perimeter setback areas not utilized for drive isles, parking stalls, walkways, buildings, and amenity areas, shall be landscaped. (c)All landscaping and screening shall be maintained. (13)Signage. (a)A map of City truck routes or a QR code for such map posted online, the City of Pasco Code Enforcement phone number, and the Benton Franklin Health District phone number shall be posted at the exit gate of the site and one additional location. (b)The phone number to the manager that is available 24 hours a day to handle site access and site maintenance issues shall be posted at the site entry gate and on the restroom building. (14) Accessory uses. Management and maintenance buildings, guard houses, recreational facilities, restrooms, showers, laundry facilities, and other uses and structures customarily incidental to the operation of an Overnight Truck Parking and Habitation facility are deemed to be permitted accessory uses. Page 27 of 237 Amending PMC Title 25 - Zoning - 1 Section 1. Section 25.15.170 of the Pasco Municipal Code (PMC) entitled “O definitions” is hereby amended and shall read as follows: 25.15.170 O DEFINITIONS. “Open space” means an unoccupied space open to the sky on the same lot with a building. Outdoor Storage. See definition under PMC 25.180.030. Overnight Truck Parking and Habitation. See definition under PMC 25.163.020. Section 3. Title 25 of the PMC entitled “Zoning” is hereby amended and shall read as follows: TITLE 25 ZONING Chapters: 25.05 Title – Purpose 25.10 Interpretation and Enforcement 25.15 Definitions 25.20 Zoning Districts Established – Zoning Map 25.22 Zone District Standards 25.25 R-T Residential Transition District 25.30 R-S-20 Suburban District 25.35 R-S-12 Suburban District 25.40 R-S-1 Suburban District 25.45 R-1 Low Density Residential District 25.50 R-1-A Low Density Residential Alternate District 25.55 R-1-A2 Low Density Residential Alternate District 25.60 R-2 Medium Density Residential District 25.65 R-3 Medium Density Residential District 25.70 R-4 High Density Residential District 25.75 RP Residential Park District 25.80 O Office District 25.85 C-1 Retail Business District 25.90 C-2 Central Business District 25.95 Downtown Pasco Overlay District 25.97 Broadmoor Overlay District 25.100 C-3 General Business District 25.105 C-R Regional Commercial District 25.110 BP Business Park District 25.115 I-1 Light Industrial District 25.120 I-2 Medium Industrial District 25.125 I-3 Heavy Industrial District Exhibit D Page 28 of 237 Amending PMC Title 25 - Zoning - 2 25.127 Mixed-Use District 25.130 I-182 Corridor Overlay District 25.135 Commercial Corridors Design Standards 25.140 Planned Unit Development 25.145 Planned Density Development 25.150 Home Occupations 25.155 Density Increase 25.160 Recreational Vehicle Parks 25.161 Accessory Dwelling Units 25.162 Single Room Occupancy Housing 25.163 Overnight Truck Parking and Habitation. 25.165 Use Regulations 25.170 Nonconforming Uses 25.175 Site and Building Design Standards 25.180 Landscaping and Screening 25.185 Off-Street Parking 25.190 Airport Overlay District 25.195 Land Use Hearings by Examiner 25.197 Mineral Lands 25.200 Special Permits 25.205 Homeless Temporary Shelters 25.210 Amendments and Rezoning 25.215 Comprehensive Plan 25.220 Annexation Procedure Section 4. That a new Chapter of the Pasco Municipal Code, 25.163, entitled “Overnight Truck Parking and Habitation” is hereby created and shall read as follows: CHAPTER 25.163 OVERNIGHT TRUCK PARKING AND HABITATION Sections: 25.163.010 Purpose. 25.163.020 Definition. 25.163.030 Permitted zones. 25.163.040 General requirements and development standards. 25.163.010 Purpose. (1) The purpose of this chapter is to improve the state of truck parking in Pasco by ensuring that Overnight Truck Parking and Habitation facilities are located, developed and occupied in accordance with standards and regulations which will protect the health, safety, general welfare and convenience of the users of such facilities and the residents of the City of Pasco. 25.163.020 Definition. Page 29 of 237 Amending PMC Title 25 - Zoning - 3 “Overnight Truck Parking and Habitation Facility” means an off-street site where commercial vehicle drivers can park their vehicles, with or without an attached trailer, where said driver can access on-site amenities and sleep in their vehicle. 25.163.030 Permitted zones. An Overnight Truck Parking and Habitation facility is prohibited in all zoning districts as a primary or accessory use, other than the following zoning districts where it may be approved as a conditional use via special permit per Chapter 25.200 PMC: C-3 (General Business District) I-1 (Light Industrial District). I-2 (Medium Industrial District). I-3 (Heavy Industrial District). An Overnight Truck Parking and Habitation facility will not be allowed to be located within the I-182 Corridor Overlay District. (Attachment A) 25.163.040 Development standards. (1) Prohibited within 50 feet of Residential, C-1, or Mixed-Use zoning districts, including Recreational Vehicle Parks that allow long-term stays, unless a buffer zone is established. This buffer zone is required to ensure a smooth transition between zoning districts and minimize conflicts. (1) Prohibited within 1,000 feet of Residential or Mixed-Use zoning districts, existing residential uses (Including Recreational Vehicle Parks that allow long-term stays. Excluding caretaker’s residences per PMC 25.165.060), parks, and schools. (2) Site access to and from US 12, US 395, SR 397, I-182 shall be via truck routes as identified in PMC 10.80.040. (3) Site access, layout and interior circulation must accommodate the safe and efficient movement of a minimum 67-foot wheelbase tractor-trailer. (4) Parking stalls and drive isles shall have a hard surface be paved. Parking stalls for tractor trailers must be designed to accommodate a tractor trailer with minimum 74-foot length and appropriately striped. (5) Maximum facility size: 20 15 acres, including stormwater management areas and other appurtenances. (6) Maximum stay shall not exceed 72 hours in a 96-hour period. (7) Security Page 30 of 237 Amending PMC Title 25 - Zoning - 4 (a) Site shall have 24-hour on-site management accessible. (b) Site shall have an access gate(s) that automatically close. after each vehicle and pedestrian. Pedestrians must not be able to access site under, over or around closed gates. Vehicle gates shall be set back a minimum 80 feet from travel lane of public road used to access the site and be equipped with security camera(s). (c) Site shall have a perimeter fence. When Overnight Truck Parking & Habitation is an accessory use, perimeter fencing shall encompass area designated for Overnight Truck Parking & Habitation. (8) Lighting. Area enclosed by perimeter fencing shall be lit to provide adequate vision, comfort and safety of site users. Lighting shall be uniform within the permitter fencing, with no dark patches parches or pockets. All lighting fixtures serving the site shall be full cutoff fixtures as defined by the Illuminating Engineering Society of North America (IESNA). (9) Permanent Restrooms. Temperature controlled single-occupancy permanent restrooms, with a sink and toilet, shall be provided on-site per chart below. Restrooms shall be accessible whenever parking facility is in operation and connected to the City’s sewer utility. Truck Parking Stalls Minimum Number of Bathroom Stalls 1 to 15 1 16 to 35 2 36 to 55 3 56-80 4 81-110 5 111 to 150 6 Over 150 +1 per 50 Minimum Footcandles on Pavement 0.5 foot-candles (fc) Maximum Footcandles on Pavement 7.5 fc Uniformity Ratio, Maximum: Minimum 3:1 Minimum Footcandles at five (5) feet Above Pavement 0.25 fc Maximum light trespass on adjacent properties .1 fc Page 31 of 237 Amending PMC Title 25 - Zoning - 5 (10) Solid Waste Disposal. Facilities shall be maintained free of litter and garbage. (a) Site shall have a minimum of one (1) commercial dumpster. (b) One (1) outdoor commercial trashcan shall be provided for every five (5) truck parking stalls. (11) On-site Amenities. (a) Water fountains or bottle fillers for potable water are required per table below: Truck Parking Stalls Minimum Number of Water Fountains or Bottle Fillers 1 to 50 1 51 to 100 2 101+ 3 (b) 100 square feet of pet relief area shall be provided for every 30 truck parking stalls. Area shall be a minimum of 10 feet wide, contain a trash receptacle, and provide pet waste bags. (c) One (1) additional amenity shall be provided per 30 truck parking stalls. Each of the following is considered one amenity: a secure shower, a clothes washer and dryer, outdoor seating for four people, vending machine(s) for both beverages and food. Additional features can be considered amenities at the discretion of the Community and Economic Development Director. (12) Landscaping and screening. In apparent cases of conflict between provisions, the most restrictive shall prevail. (a) Site must comply with Chapter 25.180 PMC. Truck parking stalls are considered parking lots for purposes of landscaping and screening. (b) All areas of the facility, including perimeter setback areas not utilized for drive isles, parking stalls, walkways, buildings, and amenity areas, shall be landscaped. (c) All landscaping and screening shall be maintained. (13) Signage. (a) A map of City truck routes or a QR code for such map posted online, the City of Pasco Code Enforcement phone number, and the Benton Franklin Health District phone number shall be posted at the exit gate of the site and one additional location. Page 32 of 237 Amending PMC Title 25 - Zoning - 6 (b) The phone number to the on-site manager that is available 24 hours a day to handle site access and site maintenance issues shall be posted at the site entry gate and on the restroom building. (14) Accessory uses. Management and maintenance buildings, guard houses, recreational facilities, restrooms, showers, laundry facilities, and other uses and structures customarily incidental to the operation of an Overnight Truck Parking and Habitation facility are deemed to be permitted accessory uses. ATTACHMENT: A Page 33 of 237 CA 2024-001: Overnight Truck Parking & Habitation Pa g e 3 4 o f 2 3 7 Need for Designated Truck Parking Designated Truck Parking, where the truck operator can park their vehicle, is an identified need in Pasco per the 2022 Washington Truck Parking Assessment. Pa g e 3 5 o f 2 3 7 Truck parking shortages are a national concern affecting the safety of commercial motor vehicle drivers and other roadway users as well as the efficiency of U.S. supply chains • Safety risks & Driver fatigue •Drivers must adhere to Hours of Service (HOS) regulations, but without enough parking, drivers may be forced to drive tired, endangering themselves & others.  •Parking in unauthorized or unsafe areas leaves drivers vulnerable to theft, vandalism, and other criminal activities. •Lack of parking leads to increased stress, fatigue, and compromises on necessary rest breaks, causing drivers a to be at a at higher risk of accidents and legal issues.  • Lost productivity: Searching for parking reduces productivity as HOS time is not spent moving freight.  Need for Designated Truck Parking Pa g e 3 6 o f 2 3 7 • Economic impact: •Inability to find parking increases freight operating costs and operating costs of businesses that rely on freight, and causes supply chain disruptions.  •In Franklin County, per the Washington State Employment Securities Department (2020 ): •approximately 4% of all jobs are in the transportation and warehousing sector •related jobs associated with agriculture, manufacturing, wholesale trade and construction, which as a total, represent nearly 28% of employment • Greenhouse gas emissions:  Searching for parking increases fuel consumption. Need for Designated Truck Parking Pa g e 3 7 o f 2 3 7 Comprehensive Plan Goals & Policies ED-1. GOAL: MAINTAIN ECONOMIC DEVELOPMENT AS AN IMPORTANT AND ONGOING CITY INITIATIVE ED-1-A Policy: Promote an environment which supports the development and expansion of business opportunities.   ED-2. GOAL: ASSURE APPROPRIATE LOCATION AND DESIGN OF COMMERCIAL AND INDUSTRIAL FACILITIES ED-2-B Policy: Encourage development of a wide range of commercial and industrial uses strategically located near major transportation corridors or facilities and in close proximity to existing or proposed utility infrastructure while supporting local and regional needs.   ED-3. GOAL: MAINTAIN DEVELOPMENT STANDARDS AND DESIGN GUIDELINES TO ENSURE THAT COMMERCIAL AND INDUSTRIAL DEVELOPMENTS ARE GOOD NEIGHBORS ED-3-A Policy: Enhance compatibility of commercial and industrial development with residential and mixed-use neighborhoods with appropriate landscaping, screening, building and design standards.   TR-5 GOAL: MAINTAIN A FREIGHT ROUTE SYSTEM TO PROVIDE ACCESS TO COMMERCIAL AND INDUSTRIAL AREAS TR-5-A Policy: Promote the safe and efficient movement of freight through the city. TR-5-A Policy: Support the development of facilities that are critical components of the movement of freight. Pa g e 3 8 o f 2 3 7 Overview of Amendment Pasco Municipal Code 25.15.170 O DEFINITIONS.   CHAPTER 25.163 OVERNIGHT TRUCK PARKING AND HABITATION Sections: 25.163.010 Purpose. 25.163.020 Definition. “Overnight Truck Parking and Habitation Facility” means an off-street site where  commercial vehicle drivers can park their vehicles, with or without an attached trailer, where said driver can access on-site amenities and sleep in their vehicle. 25.163.030 Permitted zones. An Overnight Truck Parking and Habitation facility is prohibited in all zoning districts as a primary or accessory use, other than the following zoning districts where it may be approved as a conditional use via special permit per Chapter 25.200 PMC:  I-1 (Light Industrial District). I-2 (Medium Industrial District). I-3 (Heavy Industrial District). Pa g e 3 9 o f 2 3 7 25.163.040 General requirements and development standards. (1) Prohibited within 1,000 feet of Residential or Mixed-Use zoning districts, existing residential uses (Including Recreational Vehicle Parks that allow long-term stays. Excluding caretaker’s  residences per PMC 25.165.060), parks, and schools.   (2) Site access to and from US 12, US 395, SR 397, I-182 shall be via truck routes as identified in PMC 10.80.040.   (3) Site access, layout and interior circulation must accommodate the safe and efficient movement of a minimum 67-foot wheel base tractor-trailer.   (4) Parking stalls and drive isles shall be paved. Parking stalls for tractor trailers must be designed to accommodate a tractor trailer with minimum 74-foot length and appropriately striped.   (5) Maximum facility size: 15 acres, including stormwater management areas and other appurtenances.       Overview of Amendment Pa g e 4 0 o f 2 3 7 (6) Maximum stay shall not exceed 72 hours in a 96-hour period. (7) Security. (a) Site shall have 24-hour on-site management.   (b) Site shall have an access gate(s) that automatically close after each vehicle and pedestrian. Pedestrians must not be able to access site under, over or around closed gates. Vehicle gates shall be set back a minimum 80 feet from travel lane of public road used to access the site and be equipped with security camera(s).   (c) Site shall have a perimeter fence. When Overnight Truck Parking & Habitation is an accessory use, perimeter fencing shall encompass area designated for Overnight Truck Parking & Habitation. Overview of Amendment Pa g e 4 1 o f 2 3 7 (8) Lighting. Area enclosed by perimeter fencing shall be lit to provide adequate vision, comfort and safety of site users. Lighting shall be uniform within the permitter fencing, with no dark parches or pockets. All lighting fixtures serving the site shall be full cutoff fixtures as defined by the Illuminating Engineering Society of North America (IESNA). Minimum Footcandles on Pavement 0.5 foot-candles (fc) Maximum Footcandles on Pavement 7.5 fc Uniformity Ratio, Maximum:Minimum 3:1 Minimum Footcandles at five (5) feet  Above Pavement 0.25 fc Maximum light trespass on adjacent properties .1 fc Overview of Amendment Pa g e 4 2 o f 2 3 7 Truck Parking Stalls Minimum Number of Bathroom Stalls 1 to 15 1 16 to 35 2 36 to 55 3 56-80 4 81-110 5 111 to 150 6 Over 150 +1 per 50 Overview of Amendment (9) Permanent Restrooms. Temperature controlled single-occupancy permanent restrooms, with a sink and toilet, shall be provided on-site per chart below. Restrooms shall be accessible whenever parking facility is in operation and connected to the City’s sewer utility.  (10) Solid Waste Disposal. Facilities shall be maintained free of litter and garbage. (a) Site shall have a minimum of one (1) commercial dumpster. (b) One (1) outdoor commercial trashcan shall be provided for every five (5) truck parking stalls. Pa g e 4 3 o f 2 3 7 Truck Parking Stalls Minimum Number of Water Fountains or Bottle Fillers 1 to 50 1 51 to 100 2 101+3 Overview of Amendment (11) On-site Amenities. (a) Water fountains or bottle fillers for potable water are required per table below: (b) 100 square feet of pet relief area shall be provided for every 30 truck parking stalls. Area shall be a minimum of 10 feet wide, contain a trash receptacle, and provide pet waste bags. (c) One (1) additional amenity shall be provided per 30 truck parking stalls. Each of the following is considered one amenity: a secure shower, a clothes washer and dryer, outdoor seating for four people, vending machine(s) for both beverages and food. Additional features can be considered amenities at the discretion of the Community and Economic Development Director. Pa g e 4 4 o f 2 3 7 (12) Landscaping and screening. In apparent cases of conflict between provisions, the most restrictive shall prevail. (a) Site must comply with Chapter 25.180 PMC. Truck parking stalls are considered parking lots for purposes of landscaping and screening. (b) All areas of the facility, including perimeter setback areas not utilized for drive isles, parking stalls, walkways, buildings, and amenity areas, shall be landscaped. (c) All landscaping and screening shall be maintained. (13) Signage.  (a) A map of City truck routes or a QR code for such map posted online, the City of Pasco Code Enforcement phone number, and the Benton Franklin Health District phone number shall be posted at the exit gate of the site and one additional location. (b) The phone number to the on-site manager that is available 24 hours a day to handle site access and site maintenance issues shall be posted at the site entry gate and on the restroom building. Overview of Amendment Pa g e 4 5 o f 2 3 7 (14) Accessory uses. Management and maintenance buildings, guard houses, recreational facilities, restrooms, showers, laundry facilities, and other uses and structures customarily incidental to the operation of an Overnight Truck Parking and Habitation facility are deemed to be permitted accessory uses. Overview of Amendment Pa g e 4 6 o f 2 3 7 Pa g e 4 7 o f 2 3 7 AGENDA REPORT FOR: City Council October 23, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/28/24 FROM: Richa Sigdel, Deputy City Manager Community & Economic Development SUBJECT: Traffic Impact Fee Study (7 minutes) I. REFERENCE(S): Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Approximately $76,000 IV. HISTORY AND FACTS BRIEF: The purpose of the study is to assess the financial impact of new developments on City of Pasco’s (City's) transportation infrastructure. Transportation Impact Fees ensures that the City has adequate transportation facilities to serve new growth and development. The City has recently relied on proportionate shares to fund critical transportation projects, and this study is part of a long-term strategy to create a more sustainable growth model for the City’s transportation network. The City's current Traffic Impact Fee (TIF) applies to all development west of 20th Avenue. This fee was implemented in March, 2005 and then updated in February, 2009. The impact fee has not been updated since 2009, creating challenges for the City to construct adequate transportation infrastructure. Since its inception, the City has collected close to $6 million in traffic impact fees. Traffic Impact Fees are: Residential developments $709.00 Multifamily units $435.00 Commercial $43.00 per daily vehicle trip Page 48 of 237 V. DISCUSSION: The Traffic Impact Fee Study is being conducted by Fehr & Peers. Effort started in November, 2022 and stalled in November, 2023. The effort is being restarted and study the completing adopting aim the with now of recommendations by March, 2025. Below are some key tasks that need to be completed in this effort. 1. from Derived - list update transportation and Review project Transportation Improvement Plan (TIP) and Capital Improvement Plan (CIP) that has been created over six public outreaches and Council review and approval. 2. Confirm growth estimates - Update the commercial and industrial growth estimates that was done in 2022-2023 timeline. 3. Determine share of trips attributable to growth and further to specific TIF districts. 4. Calculate impact fee rate and update fee schedule 5. Outreach - Two (2) meetings with Developers, one (1) meeting with public at-large, and two (2) in-person Council meeting updates. Staff is looking for Council input on this proposed path forward and any other actions staff should incorporate as this moves forward. Page 49 of 237 Pasco City Council Meeting October 28, 2024 Pa g e 5 0 o f 2 3 7 Traffic Impact Fee Study Pa g e 5 1 o f 2 3 7 Introduction Overview of the Traffic Impact Fee Study o Performed by Fehr & Peers o Estimated cost: $76,000 Purpose: To assess the financial impact of new developments on the city’s transportation infrastructure Pa g e 5 2 o f 2 3 7 Why Traffic Impact Fees? o Ensure developments contribute fairly to infrastructure improvements o Offset costs associated with increased traffic from new developments o Reduce pressure on existing transportation networks o Improve safety and reduces congestion Pa g e 5 3 o f 2 3 7 Projects List o Drawn from the city’s Traffic Improvement Program (TIP) and Capital Improvement Program (CIP) o These lists have undergone: Extensive community outreach Reviewed and approved by the City Council o Ensures that projects are prioritized based on expert analysis, public feedback, and Council direction Pa g e 5 4 o f 2 3 7 Study Scope Fehr & Peers will conduct a comprehensive analysis including: o Examine deficiencies o Evaluate growth estimates o Recommend districts o Traffic modeling and forecasts o Calculate Impact Fee Rates and recommend fee schedule Pa g e 5 5 o f 2 3 7 Timeline o Estimated start: o Effort was paused in 2023 o Restarting in November 2024 o Expected completion: Adoption by March 2025 Pa g e 5 6 o f 2 3 7 Outreach o Monthly staff update to Council o Two meetings with Development community o One meeting for community at large Pa g e 5 7 o f 2 3 7 Questions Pa g e 5 8 o f 2 3 7 AGENDA REPORT FOR: City Council October 25, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/28/24 FROM: Adam Lincoln, City Manager City Manager SUBJECT: Presentation of 2025-2026 Biennial Budget (25 minutes) I. REFERENCE(S): Resources, Human including, Fund General Presentations: Departments Municipal Court, Library and Financing. Other funds presentations including, Animal Control, Real Estate Excise Tax, Arterial Streets, I-182 Corridor Impact, Streets Overlay, and City Streets. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation of the City of Pasco 2025-2026 General Fund Biennial Budget. Presentations for Real Estate Excise Tax and streets related funds. III. FISCAL IMPACT: 2025-2026 Biennial Budgets IV. HISTORY AND FACTS BRIEF: Biennial budgeting is the practice of preparing and adopting a budget for a two- year period. This style of budgeting has been permitting in Washington cities since 1985. A biennial budget promotes and facilitates long-term financial and strategic planning - a best practice recommended by Government Finance Officers (GFOA). General Fund is a primary fund that receives majority of tax revenue and is used to fund critical City services like Police, Fire, Parks and Recreation etc. An overview of General Fund 2025 -2026 preliminary budget was provided the first meeting of October 2024. As the month has progressed other General Fund departments have provided reviews of operations, departmental support for Council goals, budget elements and reductions included in the preliminary budget, potential impact to 2025-2026 service levels and goal attainment. Those departments reviewed thus far include Parks & Recreation, Fire, Police, Page 59 of 237 Council, City Manager's Office, Finance, Information Technology and Non- Departmental. V. DISCUSSION: Tonight's meeting will include biennial budget presentations for Animal Control, Human Resources, Municipal Court, and Library and Financing, followed by a review of Real Estate Excise Tax Fund and streets related funds. The streets funds include City Streets, Arterial Streets, I-182 Corridor Impact, and Street Overlay. Page 60 of 237 10/28/2024 Pasco City Council Workshop Pa g e 6 1 o f 2 3 7 2025-2026 Tri-Cities Animal Shelter Initial Budget Overview 10/28/2024 Pasco City Council Pa g e 6 2 o f 2 3 7 Overview 1.Division Overview 2.2023-2024 Accomplishments 3.Related Council Goals 4.Historical Staffing 5.Budget Impacts 6.Annual Operating Costs 7.2025-2026 Projects Pa g e 6 3 o f 2 3 7 1. Animal Control Overview 4 •Shelter is jointly funded by Pasco, Richland, and Kennewick •The City assumed temporary shelter management and operations in July 2022 •The City assumed full shelter management and operations in October 2022 •Three focus areas: •Animal Control Services - barking dogs, roaming animals, animal complaints, neglect, abuse, legal actions and medical response needs. •Animal Shelter Services - include daily animal care, medical services, intake, adoption, surrender, fostering, rescue placement, volunteer management. •Community Outreach and Education - adoption events, educational presentations, assisted living home visits, social media. Pa g e 6 4 o f 2 3 7 Animal Control 5 Pa g e 6 5 o f 2 3 7 Animal Shelter 6 2023 2024 Jan - Sept Intake and Outcomes Intake and Outcomes Dogs Cats Dogs Cats 1272 Intake 1688 1081 Intake 1277 49 Adopted the Returned 26 54 Adopted the Returned 22 653 Adopted 874 514 Adopted 534 331 Redeemed 31 264 Redeemed 21 226 Transferred 640 217 Transferred 419 24 Medical Euthanasia 137 22 Medical Euthanasia 110 0 Municipal Code Euthanasia 0 2 Municipal Code Euthanasia 0 5 Behavior Euthanasia 1 3 Behavior Euthanasia 0 2023 Total Intake 2024 Jan - Sept Intake 2960 2358 Pa g e 6 6 o f 2 3 7 Outreach 7 •Improved Public Meeting format and community input •Enhanced transparency with improved and expanded reporting of shelter metrics •Special adoption events to encourage community participation and adoptions •Expanded social media outreach to include shelter announcements, community education, found pets and adoption info •Humane animal education and job fairs at local schools •Pet of the Week on both Radio and TV Stations •Dee Dee, Community Outreach Dog to improve community participation at events Pa g e 6 7 o f 2 3 7 2. 2023-2024 Accomplishments 8 •Implemented policies to improve operations, manage risk, train staff, and standardize animal care •Firefighters and Felines Adoption Event •Fur Babies and the Fuzz Adoption Event •Hosted public vaccination clinics on site •Implemented a non-standard adoption policy to minimize behavioral euthanasia •Implemented Lost and Found Pet Map Application •Added Community Partner Agencies to increase transfer of animals to other agencies for adoption Pa g e 6 8 o f 2 3 7 3. Related Council Goals 9 QUALITY OF LIFE – Manage barking dogs, reduce at-large animals, spay and neuter adopted\transferred pets to help reduce unwanted pet population, and adoption of spayed and neutered pets to the community. COMMUNITY SAFETY – Detain aggressive animals, investigate animal cruelty and neglect cases, shelter vaccinations to reduce disease outbreak, respond to animal bite cases, assist law enforcement with cases involving animals, and remove dead animals from public right-of-way. Pa g e 6 9 o f 2 3 7 4. Staffing 10 Full Time Staff Part Time Staff Shelter Manager 1 Veterinarian 1 Animal Control Supervisor 1 Vet Tech Assistant 1 Animal Control Dispatch 1 Total 2 Animal Control Officer 3 Department Asst II 1 Customer Service Rep 2 Transfer/Foster Coordinator 1 Animal Intake/Med Assistants 2 Lead Animal Care Technician 1 Animal Care Technician 7 Total 20 Pa g e 7 0 o f 2 3 7 5. Budget Impacts - Staffing 11 •Shelter staffing is based on the Association of Shelter Veterinarians for Standards of Care in Animal Shelters which recommends a minimum of 15 minutes per day, per animal for feeding and cleaning. •Animal Control staff based on demand for service from all three cities including 24-hour on-call coverage •Shelter is currently at minimal staff to operate 7 days per week, especially as we struggle to fully maintain the 20 FTEs budgeted and being at shelter capacity for last 20 months. Pa g e 7 1 o f 2 3 7 5. Budget Impacts - Reductions 12 Current budget is just meeting the demands of animal capacity and costs to support operations. Transitioning to the new shelter will remove or reduce several current operating expenses including maintenance of dated equipment and facility, reduced utility costs, eliminate ACO office rental trailer, and others. Pa g e 7 2 o f 2 3 7 5. Budget Impacts - Improvements 13 Staff have already implemented or suggested several improvements to decrease budget demands: •Part -time veterinarian staff to reduce cost of outside vet services, transportation costs, and provide access to lower cost medication and perform limited onsite neuter services. •New facility will provide improved medical services areas allowing additional onsite spay and neuter services •Addition of medical support equipment including ultrasound and x-ray devices to reduce external medical care costs •Use of commercial washers, dryers, and dishwasher to improve staff operational efficiencies. Pa g e 7 3 o f 2 3 7 6. Operating Costs 14 Includes: •Vehicle Lease •Annual Operating Increase 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Estimate 2025 Budget 2026 Budget Revenues 821,635 811,014 771,623 1,079,974 1,837,877 2,316,545 2,260,000 2,327,388 2,408,243 Salaries and Benefits ----376,994 1,331,275 1,330,000 1,394,292 1,400,828 Supplies and Services 816,726 830,912 804,615 1,072,896 1,418,915 900,670 945,000 1,003,760 1,007,415 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 En d i n g F u n d B a l a n c e Re v e n u e s / E x p e n s e s Pa g e 7 4 o f 2 3 7 7. 2025-2026 Projects 15 •Open new Shelter •All Animal Control Officers to attend Washington State Animal Control Officer Academy (offered once annually) •Evaluate in-house medical cost savings of part time vet vs full time vet •Implement updated Volunteer Program •Improve operational efficiencies at new facility •Updated branding for overall Animal Control Services •Review after-hours call-in service options to improve customer experience •Recruit additional certified animal behavior contractors to perform behavior animal evaluations on rotational assignment Pa g e 7 5 o f 2 3 7 Questions?Pa g e 7 6 o f 2 3 7 2025-2026 Human Resources Initial Budget Overview 10/28/2024 Pasco City Council Pa g e 7 7 o f 2 3 7 Overview •Department Overview •2023-2024 Accomplishments •Related Council Goals •Historical Staffing •Budget Impacts •Annual Operating Costs •2025-2026 Projects Pa g e 7 8 o f 2 3 7 Department Overview 19 The Human Resources Department is a lean but essential team overseeing a wide range of critical functions for the city. Our primary responsibilities include: •Supporting City Operations: HR ensures the City can attract, retain, and develop a skilled workforce to serve the City of Pasco community as it grows. •Critical Compliance and Risk Management: HR maintains compliance with federal and state labor laws, preventing costly penalties and litigation. •Enhancing Employee Well-Being: Through strategic benefits administration and labor relations, HR fosters a safe, productive work environment. Pa g e 7 9 o f 2 3 7 2023-2024 Accomplishments 20 •Compliance Improvements: •Updated policies and managed post-COVID employment law changes. •Led Executive-level recruitments and onboarding for key city positions. •Hired 45 Police and Fire Staff and 26 Police and Fire promotions •Employee Relations: •Partnered with Public Works leadership and developed Water Plant Operator Program for talent retention. •Expanded labor relations responsibilities by adding two new bargaining units. •Focused on improving different city departments cultures to enhance morale and efficiency. •Efficiency Gains: •Implemented NEOGOV, a recruitment and onboarding software, for streamlined recruitment. Pa g e 8 0 o f 2 3 7 Related Council Goals 21 Quality of Life: Supporting a high-quality workforce through strategic recruitment, retention, and development initiatives. Financial Sustainability: Ensuring cost-effective management of benefits, labor relations, and compliance, safeguarding the City from legal risks. Community Safety: Recruiting and retaining public safety staff, ensuring full staffing for Police and Fire Departments. Economic Vitality: Attracting and retaining a skilled workforce directly supports the City’s economic development and service delivery. Pa g e 8 1 o f 2 3 7 Historical Staffing 22 Staffing Increases to Meet City Needs: •Increasing recruitment and retention demands driven by growth and city expansion with a main focus on Public Safety and Public Works. •Increased Labor Relations responsibilities due to the addition of two new collective bargaining agreements. •Expanded services to support compliance with evolving state and federal laws. Pa g e 8 2 o f 2 3 7 Organizational Chart 23 HR Director HR Specialists (3) SR HR Generalist (1) HR Business Partner HR Coordinator Safety and Risk Program Administrator Pa g e 8 3 o f 2 3 7 Budget Impacts 24 •Limit travel and training •Optimize staffing by reassessing roles and responsibilities when vacancies arise. •Automate processes with the current IT systems the City has in place. •Transition to electronic personnel files to reduce office supply costs and improve labor intensive tasks •Partner with a benefits broker to review the City’s self-funded medical plan, improve employee experience while identifying cost saving measures. Pa g e 8 4 o f 2 3 7 What Will Not Be Impacted? 25 •Providing support to the City’s Public Safety, Public Works and all other City Departments. •Civil Service Recruitments and Promotions •The City's labor relations efforts, including contract negotiations and grievance management, will continue to be a priority. Pa g e 8 5 o f 2 3 7 Operating Costs –HR 26 Key Trends: •Salaries and Benefits decreased in 2023, then increased in 2024 due to leadership changes and approved positions. •Workers' compensation costs have increased due to statewide PTSD presumptive claims for first responders. •Increased legal services costs in 2023 due to the absence of an HR Director. Pa g e 8 6 o f 2 3 7 2025-2026 Projects 27 Process Improvements: •HR processes automations; for example, performance evaluations and employee records and offboarding. •Streamline services and reduce costs through a Scan and Toss program, seeking a grant to fund the records transition. Key Compliance Projects: •Pay Equity Audit to ensure legal compliance. •FLSA Audit to confirm wage and hour regulations are met. •Employee Handbook creation. Strategic Initiatives: •Civil Service rules evaluation and process improvements for public safety recruitment efficiency. •Create a more streamlined interview process to Improve the candidate experience. •Enhance the employee onboarding experience and process. Pa g e 8 7 o f 2 3 7 Questions?Pa g e 8 8 o f 2 3 7 2025-2026 Municipal Court Initial Budget Overview 10/28/2024 Pasco City Council Pa g e 8 9 o f 2 3 7 Overview •Department Overview •2023-2024 Accomplishments •Historical Staffing •Budget Impacts •Annual Operating Costs •2025-2026 Projects Pa g e 9 0 o f 2 3 7 Department Overview 31 Recognizes the importance of treating individuals appearing before the court in a fair and impartial manner, ensuring that everyone feels they have had their day in court, whether civil or criminal in nature. Pasco Municipal Court is a court of limited jurisdiction created by statute, with authority over: •Misdemeanor criminal cases •Traffic and non-traffic infractions •Parking tickets •Photo enforcement violations Provides probationary services and runs the Graffiti Abatement Program Pa g e 9 1 o f 2 3 7 Department Overview 32 Case Type 2022 Case Files 2023 Case Files 2024 Case Files Criminal Non-Traffic 1,268 1,219 1,130 Criminal Traffic 523 539 556 Infraction Non-Traffic 60 88 75 Infraction Traffic 1,925 2,008 2,649 Parking 6,602 5,629 5,541 Totals 10,378 9,483 9,951 811 Active Probation Cases Pa g e 9 2 o f 2 3 7 2023-2024 Accomplishments 33 Community Resources Program •Developed to connect individuals with services that aid their rehabilitation, well-being, and reintegration into society. •Built Resource Referral System with service providers. •Basic needs support. •Assess participants goals and create personalized plan. •Ongoing support to ensure individuals remain engaged. •Benefits •Reduction in recidivism •Enhanced public safety •Cost savings •Improved individual outcomes Pa g e 9 3 o f 2 3 7 Historical Staffing 34 Deputy Court Clerk •Support the increasing demands Community Justice Counselor •Coordinating the Community Resources Program Pa g e 9 4 o f 2 3 7 Organizational Chart 35 Pa g e 9 5 o f 2 3 7 Impacts: Anticipated Decreases 36 •Increased demands may lead to reduction in level of service •Longer wait times for hearings, delays in case processing & potential back long •Impact to community outreach programs & prevention initiatives Pa g e 9 6 o f 2 3 7 Operating Costs 37 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Estimate 2025 Proposed 2026 Proposed Salaries and Benefits 1,249,830 1,304,973 1,361,074 1,296,826 1,374,929 1,576,064 1,684,900 1,870,334 1,898,888 Supplies and Services 329,084 280,591 297,552 412,225 451,461 618,946 370,270 462,040 489,762 Capital Outlay -5,631 21,190 46,788 ---20,000 20,000 Staffing 14.75 14.85 14.85 15.85 15.85 17.85 17.85 17.85 17.85 0 2 4 6 8 10 12 14 16 18 20 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 Fu l l T i m e E q u i v a l e n t E m p l o y e e C o u n t Ex p e n s e s Municipal Court Cost History Grant Programs •Community Resource Coordinator •Grant funded program •Increase in supplies/services related to program •Courtroom equipment Deputy Court Clerk •Increased workload with growth Pa g e 9 7 o f 2 3 7 2025-2026 Projects 38 Implementation of new Courts of Limited Jurisdiction – Case Management System •Enhance data accessibility •Streamline case tracking •Improve overall workflow efficiency •Unified platform for handling court casesPa g e 9 8 o f 2 3 7 Questions?Pa g e 9 9 o f 2 3 7 Budget Discussion Library and Financing October 28, 2024 Pasco City Council Pa g e 1 0 0 o f 2 3 7 41 •Contract with Mid-Columbia Libraries started in 2010. •Contract renewal July 2022. •Cost based on 100% of Per Capita Contract Fee •Provides staff and library materials for the following locations: •Main Branch •West Pasco Branch •Martin Luther King Center Branch •City is responsible Main and MLK facilities repair and maintenance as well as janitorial services, utilities and grounds maintenance. General Fund - Library 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Estimate 2025 Proposed 2026 Proposed Supplies and Services 1,375,894 1,417,155 1,453,862 1,582,987 2,028,909 2,147,397 2,585,000 2,579,698 2,865,743 Staffing 0 0 0 0 0 0 0 0 0 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 Fu l l T i m e E q u i v a l e n t E m p l o y e e C o u n t Ex p e n s e s Pa g e 1 0 1 o f 2 3 7 42 Department reflects transfers to other funds for: •Construction projects •Funds transfer based on legislative direction. For example, public utility taxes. •Subsidies to other funds. •Ambulance •MLK Center •Senior Center Debt Service payments of principal interest •Police Station (2015) •Fire Stations 83 & 84 (2019) •Fire Station 85 (2023) •Memorial Pool, Police Generator, Xeriscape Blvds, Burden Soccer Improvements (2023) General Fund – Financing 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Estimate 2025 Proposed 2026 Proposed Transfers Out 923,903 4,246,299 11,297,301 21,825,363 3,782,752 12,070,837 36,972,237 5,519,500 2,927,500 Debt Service 1,167,300 3,816,003 2,377,995 5,179,195 2,624,580 3,810,446 3,750,000 5,492,204 5,487,167 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 Ex p e n s e s Pa g e 1 0 2 o f 2 3 7 Questions?Pa g e 1 0 3 o f 2 3 7 Budget Discussion Streets and REET October 28, 2024 Pasco City Council Pa g e 1 0 4 o f 2 3 7 45 Purpose: Accounting for funds received from REET and expenses to support appropriate capital construction and specific maintenance efforts. •1st Quarter % only for capital projects outlined in Capital Improvement Plan (CIP). •2nd Quarter % more restrictive, dedicated to infrastructure & parks capital projects in CIP Revenue Source: Real Estate ExciseTax collected based on sales of real property. Expenses Highlights: Transfers out are representative of fund support for projects. •Dispatch Center •Road 40 E Extension •City Hall Generator •Various Park improvements Real Estate Excise Tax (REET) Fund 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Estimate 2025 Budget 2026 Budget Revenue 2,456,180 3,420,063 2,288,154 4,244,845 3,122,288 3,065,882 2,200,000 2,600,000 2,700,000 Transfers Out 575,702 3,130,849 1,813,642 1,644,130 3,068,509 5,325,424 3,984,823 3,075,552 115,000 Services 7,260 19,057 7,527 304 29,771 20,734 45,000 54,294 59,723 Fund Balance 8,853,212 9,123,369 9,590,354 12,190,765 12,214,772 9,934,497 8,104,674 7,574,828 10,100,105 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 En d i n g F u n d B a l a n c e Re v e n u e s / E x p e n s e s Pa g e 1 0 5 o f 2 3 7 46 Purpose: Accounting for funding and spending related to projects undertaken to provide or improve an arterial street. Revenue Source: •Motor Vehicle Fuel Tax Expenses Highlights: •Transfers out are representative of fund support for arterial projects completed in the Construction Fund and typically outlined in the Capital Improvement Plan. •Sylvester Street Safety Improvements, including overpass access •Burden Blvd Intersection •Various pedestrian crossings 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Estimate 2025 Budget 2026 Budget Revenues 536,410 611,790 361,803 1,188,380 725,354 698,776 643,150 530,700 511,057 Transfers Out 784,502 727,226 201,863 249,178 222,859 1,239,657 1,469,535 260,648 40,000 Services 8,623 3,733 10,231 60 3,467 3,143 3,000 12,622 13,884 Fund Balance 1,038,246 919,077 1,068,786 2,007,928 2,506,957 1,962,933 1,133,548 1,390,978 1,848,151 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 En d i n g F u n d B a l a n c e Re v e n u e s / E x p e n s e s Arterial Streets Fund Pa g e 1 0 6 o f 2 3 7 47 Purpose: Accounting for impact fees collected and used for transportation system improvements within corridor boundaries. Revenue Source: •Impact fees in I-182 corridor Expenses Highlights: •Transfers out are representative of fund support for related projects completed in the Construction Fund and outlined in the Capital Improvement Plan. •Various Intersection improvements •Chapel Hill widening •Road 76 Overpass matching support •I-182 Broadmoor Blvd Pathway I-182 Corridor Impact Fund 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Estimate 2025 Budget 2026 Budget Revenues 421,887 635,265 777,223 424,239 1,599,053 518,683 454,441 613,559 600,000 Transfers Out 237,695 145,667 138,646 207,651 1,664,854 448,295 445,000 235,000 295,000 Services 1,391 6,152 3,084 98 2,317 2,619 25,000 4,579 5,037 Fund Balance 1,091,573 1,575,019 2,210,512 2,427,001 2,506,957 2,523,671 1,176,717 1,550,697 1,850,660 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 En d i n g F u n d B a l a n c e Re v e n u e / E x p e n s e s Pa g e 1 0 7 o f 2 3 7 48 Purp ose: Accounting for funds received and disbursed to support City’s transportation system, including resurfacing of existing City streets to extend useful life. Revenues are used to provide matching funds for street grant or loan projects. Revenue Source: Utility Tax Expenses Highlights: Transfers out are representative of fund support for projects completed in the City Streets and Construction Funds. •Pavement Preservation •Lewis Street Overpass •Ainsworth Avenue •Court Street Safety Street Overlay Fund 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Estimate 2025 Budget 2026 Budget Revenues 421,887 635,265 777,223 424,239 1,599,053 518,683 454,441 613,559 600,000 Transfers Out 237,695 145,667 138,646 207,651 1,664,854 448,295 445,000 235,000 295,000 Services 1,391 6,152 3,084 98 2,317 2,619 25,000 4,579 5,037 Fund Balance 1,091,573 1,575,019 2,210,512 2,427,001 2,506,957 2,523,671 1,176,717 1,550,697 1,850,660 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 En d i n g F u n d B a l a n c e Re v e n u e / E x p e n s e s Pa g e 1 0 8 o f 2 3 7 49 Purpose: Construction, alteration, repair, improvement and maintenance related to City streets. Included infrastructure systems are roadway, stormdrain, sidewalk, streetlight & traffic control device. Costs associated with snow and ice removal are recorded in this fund. City Streets Fund Pa g e 1 0 9 o f 2 3 7 50 Revenue Sources: •Cable Franchise Fees •Motor Vehicle Fuel Tax •Utility Taxes •Pavement Preservation Program Expense Highlights: •Vacant positions in 2022 and 2023, 2024 represents full staffing. •Purchase of supplies and services related to pavement preservation program impacts annual spending and revenues earned. Inflation and labor cost increases are outpacing revenues. 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Estimate 2025 Budget 2026 Budget Revenues 1,772,080 2,809,746 3,096,936 2,271,445 2,508,566 2,287,022 2,325,000 2,331,368 2,345,821 Transfers Out -58,296 263,189 23 36,551 241 221,759 -- Salaries and Benefits 807,498 758,223 622,554 651,324 557,556 710,639 958,735 951,387 945,253 Supplies and Services 1,222,128 1,777,966 1,357,175 1,388,246 1,875,501 1,466,071 1,680,900 1,864,498 1,759,748 Capital Outlay -61,586 9,340 --167,748 47,867 182,000 206,600 Fund Balance (148,445)5,231 849,908 1,081,762 1,120,720 1,063,044 647,542 (18,975)(584,755) $(800,000) $(600,000) $(400,000) $(200,000) $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 En d i n g F u n d B a l a n c e Re v e n u e s / E x p e n s e s City Streets Fund Pa g e 1 1 0 o f 2 3 7 Questions? Pa g e 1 1 1 o f 2 3 7 AGENDA REPORT FOR: City Council October 23, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/28/24 FROM: Jesse Rice, Director Parks & Recreation SUBJECT: Resolution - Acceptance of Work of A Street Phase 1.5 Project (5 minutes) I. REFERENCE(S): Proposed Resolution Resolution No. 4326 Ordinance No. 4708 Resolution No. 4430 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Contracted Amount: $401,563.31 In-Kind Grant Reduction: ($100,000) Remaining Contract After Grant: $301,563.31 Permits & Fees: $3,974.69 Final Cost to City: $305,538 (Paid by Park Development Fund's Community Park District) IV. HISTORY AND FACTS BRIEF: In Mid-December 2022, the National Recreation & Park Association (NRPA) issued Lights/NRPA Sporting Musco the applications for call a for (Musco/NRPA) Youth Sports Equity Grant Program. The City of Pasco (City) applied for and was selected to receive a $100,000 in-kind grant toward the installation of sports lighting. Council accepted the award through Resolution No. 4326 in early 2023. In authorizing March 2024, Council approved Resolution No. 4430 the purchase & installation of the sports lighting by MUSCO through the KCDA Page 112 of 237 Purchasing Cooperative of which the City is a member. At that time, Council also approved Ordinance No. 4708, which approved the budget adjustment, authorizing the use of the Park Development Fund Community Park District dollars to pay for the project. In July 2024, the contractor arrived on site and completed the installation of the sports field lighting. The fields are scheduled to open to the public in spring of 2025 when the grass if fully established. V. DISCUSSION: Seeking Council approval to accept the work for A Street Phase 1.5 project with Musco Sports Lighting, LLC. Page 113 of 237 Resolution – Musco Sports Lighting Project Acceptance- 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY MUSCO SPORTS LIGHTING, LLC, UNDER CONTRACT FOR THE A STREET PHASE 1.5 PROJECT. WHEREAS, the work performed by MUSCO Sports Lighting, LLC., under contract for Project No. 24 599 has been examined by City of Pasco (City) Staff and been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is City Staff’s recommendation that the City of Pasco formally accept the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with City Staff’s recommendation and thereby accepts the work performed by MUSCO Sports Lighting, LLC., under contract for Project No. 24 599 as being completed in apparent compliance with the project specifications and drawings. Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance. Be It Further Resolved, that the final payment of retainage being withheld, pursuant to RCW 60.28.011, regulations and administrative process, shall be released upon apparent compliance with and satisfaction of applicable project specifications and verification thereof by Department staff and Finance Director. 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 114 of 237 RESOLUTION NO.4326 A RESOLUTION OF THE CITY OF PASCO,WASHINGTON, APPROVING THE ACCEPTANCE OF THE MUSCO SPORTS LIGHTING/NATIONAL RECREATION &PARK ASSOCIATION YOUTH SPORTS EQUITYGRANT,MEMORANDUM OF UNDERSTANDING,AND IN-KIND DONATION;AND FURTHER AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE THE GRANT WHEREAS,the City of Pasco (City)applied for a Sports Equity Grant from Musco Sports Lighting/National Recreation &Park Association (Musco/NRPA);and WHEREAS,the City would like to accept a Musco/NRPA Youth Sports Equity Grant and associated NRPA Memorandum of Understanding and Musco In-Kind Donation;and WHEREAS,as stated in the updated Parks Recreation and Open Space Master Plan,the City has a goal to provide,”a comprehensive,equitable and accessible system ofparks and recreation programs ”;and WHEREAS,the Musco/NRPA Youth Sports Equity Grant will allow the City to conduct an equity assessment of its current youth sports partnerships and offerings,as well as provide a signi?cant in-kind donation toward the installation of needed outdoor LED sports ?eld lighting; and WHEREAS,the City has been chosen to receive the Youth Sports Equity Grant in the amount of $20,000.00 from NRPA,with an additional in-kind donation,up to $100,000.00,from Musco Sports Lighting toward the installation of outdoor LED ?eld sports lighting;and WHEREAS,the City will provide matching funds for the sports lighting installation of up to $200,000.00. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: That the City Council does hereby accept the Musco Sports Lighting/National Recreation &Park Association (Musco/NRPA)Youth Sports Equity Grant;and Be It Further Resolved,that the City agrees to the Musco/NRPA Youth Sports Equity Grant Memorandum of Understanding and Musco Sports Lighting In-Kind Donation Award Letter attached hereto as Exhibits A and B;and Be It Further Resolved,that the Interim City Manager,or his designee,is hereby authorized to execute,sign and take all necessary steps to accept the Musco/NRPA Youth Sports Equity Grant. Resolution —Musco/NRPA Grant -1 Page 115 of 237 PASSED by the City Council of the City of Pasco,Washington,on this 20thday of March, 2023. Blanche Baraj as Mayor ATTEST:APPROVED AS TO FORM: Degra Barham,CMC City Clerk Resolution —Musco/NRPA Grant -2 Page 116 of 237 NRPA 9/ NATIONAL RECREATION AND PARK ASSOCIATION MEMORANDUMOF UNDERSTANDING This Memorandum of Understanding (MOU),dated February 14,2023 (Effective Date),is made between the National Recreation and Park Association,a New York not-for-profit corporation and Section 501(c)(3) organization located at 22377 Belmont Ridge Road,Ashburn,Virginia,20148 ("NRPA")and the Pasco Parks and Recreation Department,a provider of park,recreation,or community services in Pasco,WA (”Grantee"). 1.Purpose The purpose of this MOU is to confirm approval of the terms governing the acceptance and use of twenty thousand dollars ($20,000)(Grant Funds)made available to the Grantee for the implementation of the NRPA Youth Sports Equity Grant Program ("Project”). Made possible through the support of Musco Lighting,NRPA is managing the administration of the grant program ("Program”).Grants made through this Program are intended to support local park and recreation agencies and community-based organizations as they advance equitable access to youth sports. Having been selected as a recipient of Grant Funds through this Program,Grantee is required to accept the terms contained within this MOU in order to receive the Grant Funds and participate in this Program. 2.Project Funding A.Within thirty (30)days upon execution of this MOU and delivery to NRPA,NRPAwill send Grantee a check or wire transfer in the amount of twenty thousand dollars ($20,000). B.Grantee willwork with NRPAto finalize project budget by March 15,2023.NRPAmust be noti?ed of any changes made to the project budget if they are greater than 10%of the project costs. C.Grant Funds will be distributed by NRPA. D.No matching funds are required. 3.Grantee Requirements Grantee will use the Grant Funds to: A.Advance equitable access to youth sports through the activities identi?ed in the original grant proposal: a.Hire a consultant to conduct an equity assessment of youth sports practices,programs,and operations to identify opportunities to better center equity. b.Changes to these activities must be provided to NRPA in writing for approval. Participate in project interviews in April 2023 to discuss progress related to the activities listed above. Participate in the learning community and all learning community activities (format TBD by cohort). Collaborate with NRPAto assess the impact of the implemented strategy (or strategies).Methods of assessment could include sharing program metrics,surveys,focus groups and/orinterviews with local park and recreation professionals,youth,parents,coaches,and/orother local stakeholders. a.Agencies will also participate in an annual focus group. E.’Share stories,photos,videos,and written content with NRPA to promote project impacts. If selected,host a site visit for NRPAduring the project period. G.Projects must be complete by October 1,2023.- a.Final reports are due to NRPA on this date. PD!”3" Page 117 of 237 ,. NRPA .1 NATIONAL RECREATION AND PARK ASSOCIATION 4.Promotion NRPA and Musco Lighting may use Grantee and/orpark names,photos,and/orinformation in connection with the Project for promotional or other purposes associated with the Project,in any and all media,without limitation and without further payment,noti?cation,or permission,except where prohibited by law.Ifthe Grantee's photo release form does not cover promotional and other uses,NRPAcan provide one upon request. NRPAalso grants the Pasco Parks and Recreation Department a limited,non-exclusive,and royalty-free license to use NRPA’sname,trademark,logos,and other identifying marks ("Licensed Marks")for promotional or other purposes associated with the Project,unless prohibited by law.NRPAshall have the right to review and approve the use of the Licensed Marks,as well as any and all related promotional and advertising material,in order to ensure that the use of the Licensed Marks meets NRPA’squality assurance standards. Grantee shall also provide NRPAan opportunity to review and approve any statement or message related to the Grant Funds or Project in advance of release to the public.Any promotion,public announcement,or promotion relating to the Grant Funds or Project shall be subject to the prior review of NRPAand Musco Lighting. AllParties shall retain all title,ownership,rights,and intellectual property rights in their own respective marks, logos,content,materials,tools and intellectual property.Under no circumstance will any Party to this MOU use another Party’s LicensedMarks in a false,misleading,or disparaging manner.Upon completion of the Project, Parties shall,at their own expense,return all copies Licensed Marks to their respective owners beyond what is necessary for record-keeping purposes. 5.Limits of Liability To the fullest extent permitted by applicable law,Grantee hereby releases NRPAand Musco Lighting,and each of their directors,officers,managers,members,employees,agents,attorneys,advisors,consultants,volunteers and other like parties (collectively the "Support Parties”),from any liability whatsoever relating to or arising out of the Project or the use of the Grant Funds.Grantee further waives any right to sue or bring any action of any kind against the Support Parties relating to or arising out of the Project or the use of the Grant Funds.This limitation of liabilityshall apply whether the Support Parties'liability arises due to breach of contract,breach of warranty,or as a result of tortious conduct,including,but not limitedto,negligence (of any kind),strict liability, statutory liability,or any other causes of action. NRPA’sliability,if any,arising out of or in any way related to the relationship and/ordealings between NRPAand Grantee,shall be limited to the payment amounts paid pursuant to this MOU.NRPA shall not be liable for any damages caused by or arising out of the acts or omissions of a third party. 6.Indemni?cation To the fullest extent permitted by applicable law,Grantee shall indemnify,defend and hold harmless the Support Parties from any and all causes of action,suits,settlements,judgments,liens,indebtedness,damages, losses,costs,expenses,fees (including attorney’s fees and costs),penalties,claims,claims for relief,liabilities and demands of every kind,nature,and character (collectively,”Claims")relating to or arising out of:(i) Grantee’s involvement in the development,planning,demolition,construction,installation,implementation, maintenance,repair and/ormanagement of the Project;(ii)any failure by Grantee to comply with any applicable laws,rules and/orregulations (including,without limitation,building,safety and fire codes,etc.);(iii)Grantee’s negligence,misconduct,or malfeasance of Grantees or their agents or representatives;or (iv)any breach by Page 118 of 237 ,2. NRPA O” ,NATIONAL nscnsmou AND PARK ASSOCIATION Grantee of any agreement involving the Project or the use of the Grant Funds.In no event shall the Support Parties be liable for any punitive,exemplary,special,incidental,indirect or consequential damages of any kind (including,but not limited to loss of profits,loss of reputation and/orloss of current or prospective business advantage,even where such losses are characterized as direct damages)arising out of or in any way related to the relationship and/ordealings between the parties,regardless of whether the claim under which damages are sought is based upon contract,tort,negligence (of any kind),strict liability or otherwise,and regardless of whether the parties have been advised of the possibility of such damages at the time of contracting or othenrvise. 7.Con?dentiality During the term of this MOU,the Parties may learn certain Confidential Information of each other.For purposes of this MOU,Con?dential Information means the confidentialand proprietary information,not generally known by non-party personnel,used by the disclosing party and which is proprietary to the disclosing party,and includes,without limitation,the disclosing party's trade secret or proprietary personnel,financial,marketing and business information,including strategic,operations and other business plans or forecasts,and Con?dential Information provided by the disclosing party regarding its employees,customers,vendors,sponsors and other contractors.The receiving party shall:(i)protect and safeguard the confidentiality of the disclosing party’s Con?dential information with at least the same degree of care as the receiving party would protect its own Con?dential information,but in no event with less than a commercially reasonable degree of care;(ii)not use the disclosing party’s Confidential Information,or permit it to be accessed or used,for any purpose other than to exercise its rights or perform its obligations under this MOU;and (iii)not discloseany such Con?dential Information to any person,except to the receiving party’s officers,employees,consultants,accountants,and legal advisors who are bound by written con?dentiality obligations and have a need to know the Confidential Informationto assist the receiving party,or act on its behalf,to exercise its rights or perform its obligations under this MOU. 8.Term This MOU shall be effective as of the Effective Date hereof and shall continue until October 31,2023 (the ”Term")in accordancewith Section 11. 9.Use of Grant Funds The Grantee shall use the full amount of the Grant Funds exclusively for the purposes set forth in Section 1. Unless othewvise agreed in writing by the Grantor,the Grantee shall return any portion of the Grant Fundsand the income earned thereon that is not expended for such purposes in accordance with Section 11. All unspent or uncommitted Grant Funds shall be invested in highly liquid investments (such as an interest-bearing bank account)with the primary objective being preserving the Grant Funds availability for the Project.Any interest or other income generated by the Grant Funds must be applied to the purposes described in the Grant Project. The Grantee agrees not to use any portion of the grant or any income derived from the grant for the following: A.To carry on propaganda or otherwiseattempt to influence legislation within the meaning of Section 4945(d)(1)of the Internal Revenue Code of 1986,as amended (the Code); Page 119 of 237 ,. NRPA W NATIONAL RECREATION AND PARK ASSOCMTION B.To in?uence the outcome of any specific public election or to carry on,directly or indirectly,any voter registration drive withinthe meaning of Section 4945(d)(2)of the Code; C.To provide a grant to an individualfor travel,study,or similar purpose within the meaning of Section 4945(g)of the Code,without prior written approval of Grantor. D.Payments of salaries,other compensation,or expense reimbursement to employees of the Grantee within the scope of their employment do not constitute ”grants”for these purposes and are not subject to these restrictions; E.Except as expressly may be authorized in the approved Project,to provide a grant to any other organization without prior written approval of the Grantor;or F.To promote or engage in the following,but not limited to,acts that would create civil liability, criminal acts,criminal acts of violence,terrorism,hate crimes,the destruction of any state,or discrimination on the basis of race,national origin,religion,military and veteran status,disability,sex, age,or sexual orientation,or support of any entity that engages in these activities. G.To travel to NRPA’sAnnual Conference or any other conference travel without written approvalfrom Grantor. 10.Audit Grantee is expected to keep and maintain detailed books and records relating to the Grant,and the Grant Funds (including,without limitation,all uses thereof and expenditures therefrom)(collectively,the ”Records")during the Term and for a period of seven (7)years thereafter (the ”Audit Period").NRPA and its assigns have the right to audit the Gra ntee's ?nancial records relating to this MOU upon not less than ten (10)business days’advance written notice to Grantee by NRPAat any time during the Audit Period,at NRPA‘ssole expense,during Grantee's normal business hours.If as a result of an audit,NRPA determines that Grant Funds were not Spent in accordance with the purposes of this Grant,the Grantee shall:(1)be required to return any Grant Funds not substantiated,and (2)reimburse NRPAfor all costs and expenses incurred in connection with such audit.lf NRPA determines that Grant Fundswere used for fraudulent purposes,the Grantee shall be barred from participation in any further programs.Grantee shallfurther indemnify,defend,and hold the Support Parties harmless from any acts or omissions relating to its fraudulent use of the Grant Funds. 11.Termination and Repayment Any party may terminate this MOU at any time for any reason upon providing the other party thirty (30) calendar days’written notice.Further,either party may terminate this MOU at any time effective upon receipt of written notice by the other party of failure to perform.In the event that this MOU is terminated for any reason,Grantee shall promptly repay to NRPAany portion of the Grant Funds not already spent (subject to and in accordance with all of the terms and conditions hereof)as of the effective date of such termination. None of the Parties shall be liable to the other by reason of termination of this MOU for compensation, reimbursement or damages for any loss of prospective profits on anticipated sales or for expenditures, investments,leases or other commitments relating to the business or goodwill of any of the parties, notwithstanding any law to the contrary.No termination of this MOU shall release the obligation to pay any sums due to the terminating party which accrued prior to such termination. 12.Compliance with Laws. Grantee will comply in full with all applicable federal,state,and local laws and regulations and rules of governmental agencies and bodiesrelating to Grantee's acceptance and use ofthe Grant Funds,including those Page 120 of 237 NRPA .r/ NATIONAL RECREATION AND PARK ASSOCIATION that govern gifts,donations,contributions,expenditures,and anything else of value that benefit,directly or indirectly,public of?cials.Grantee agree to notify Grantor immediately:(a)of any conduct on Grantee's part that may be in violation of any applicable federal,state and local laws and (b)if Grantee receives notice of,or otherwise becomes aware of,any actual or threatened investigation,action,litigation,or disciplinary or other proceeding of which Grantee is or may be a subject in connection with the Grant Funds and to the extent permitted by applicable law,shall provide Grantor with all written notices and communications received by Grantee relating to or any Such investigation,action,litigation,or disciplinary proceeding. 13.Governing Law,Jurisdiction,Venue and Dispute Resolution This MOU and the performance thereof shall be governed,interpreted,construed and regulated by the law of the Commonwealth of Virginia,without reference to or application of principles concerning conflicts of laws of any jurisdiction.Before commencing any litigation arising out of or relating to the relationship of the parties, this MOU,or the breach hereof,the parties agree to negotiate in good faith to resolve such dispute within fifteen (15)business days of notice by the other party of such dispute.Should the parties fail to mutually resolve their dispute and commence litigation,the parties hereby irrevocably consent to venue before the federal and state courts situated in the Commonwealth of Virginia and each party hereby irrevocably submits to the jurisdiction of Such courts.The prevailing party in any action or litigation,including appeals,arising out of or related to this MOU shall be awarded its reasonable attorney's fees and costs.The Parties agrees that NRPA would not have an adequate remedy at law and would be irreparably injured if Grantee breaches its covenants hereunder and NRPA shall be entitled to injunctive relief as a remedy for any breach or threatened breach hereof without showing or proving any actual damages. 14.No Agency;Relationship of the Parties Each party and their respective officers,employees,agents,contractors and/orconsultants are independent contractors and are not,nor shall they hold themselves out to as or claim to be,employees or agents of the other party or any department,agency or unit thereof;accordingly,neither party shall have any authority to enter into any agreement on behalf of the other party or othenivise cause the other party to incur any obligations whatsoever other than as set forth herein. 15.Notices All notices,requests,demands and other communications required or permitted under this MOU must be in writing and will be deemed to have been duly given,made and received only (a)when personally delivered,or (b)on the date speci?ed for delivery when deposited with an overnight courier service such as Federal Express for delivery to the intended addressee,or (c)when sent via facsimile,only so long as followed by a hard copy sent in a manner set forth in (a)or (b)above,or (d)when delivered via email,only so long as followed by a hard copy sent in'a manner set forth in (a)or (b)above,each of the foregoing addressed as set forth below: If to Grantee,to: Pasco Parks and Recreation Department 525 N.3rd Ave.PO Box 293 Pasco,WA 99301 Attn:Brent Kubalek Email:Eubaiekagasmwwagm If to NRPA,to: National Recreation and Park Association Page 121 of 237 ,0 NRPA 0’ NATIONAL RECREATION AND PARK ASSOCMTION 22377 Belmont Ridge Road Ashburn,VA 20148 Attn:Teresa Morrissey,Senior Program Manager Email:tmorrisseanrpaorg 16.Entire Agreement This MOU supersedes any and all agreements,either oral or written,between the parties hereto with respect to the subject matter covered herein and contains all of the covenants and agreements between the parties with respect to the Grant purpose and Project in any manner whatsoever.Each party to this MOU acknowledges that no representations,inducements,promises,or agreements,orally or othenMise,have been made by any party, or anyone acting on behalf of any party,which is not embodied herein,and that no other agreement,statement, or promise not contained in this MOU shall be valid or binding.Any modification of this MOU will be effective only if it is in writing signed by the parties hereto.Any changes,additions or deletions to this MOU,including the Project,must be approved in writing by all the parties.This MOU and all amendments may be signed in counterparts,each of which will constitute one and the same document.Any signature delivered via facsimile or other electronic means shall be deemed an original signature to this MOU.The section headings contained in this MOU are for reference purposes only and shall not affect in any way the meaning or interpretation of this MOU. 17.Severability If any term,covenant,or condition of this MOU or the application thereof to any person or circumstance shall, to any extent,be invalid or unenforceable,the remainder of this MOU,or the application of such term, covenant,or condition to persons or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected thereby,and each and every remaining term,covenant,or condition of this MOU shall be valid and enforced to the fullest extent permitted by law. Theseparties have caused this MOU to be signed by their duly authorized representatives as of the last date set forthbelow. National Recreation and Park Association Pasco Parks and Recreation Department By:By: Printed Name: 7 Printed Name: Title:Title: Date:Date: Page 122 of 237 NRPA Grant Funds Allocation— r‘‘J'Wi‘mlu'v Total Project Costs Thiscolumnshould includeNRPA'sgrant investment but should be greater or equal your project that willbe covered with to the total and amounts in the NRPA the NRPA gmnt.Thisamount should allocation column.total exactl $20,000. in this column,only include the pieces of Consultantto conduct 3.2 r -—-uity assessment Staff W8 ‘5 8:.0H Supplies (for commun outreach and feedback sessions) IBM"-1'ii'1'E Indirect Costs @ 10%{maximum indirect is 10%,ifyou have no indirect costs,-lease remove this line) —_m_— _—— _— TOTAL EXPENSES Thisshould be greater or equal to $20,000.Thisshould total $20,000. Page 123 of 237 Corporate:100 lst AveWest -PO Box808 -Oskaloosa,lA52577 -641/673-0411 -800/825—6020-Fax:641/673-4740 Manufacturing:2107 StewartRoad .PO Box260 .Muscatine,lA52761 -563/263-2281 -800/756-1205 -Fax:800/374-6402 Web:www.musco.com-Email:lighting@musco.com 6) Dear Brent, Congratulations!Pasco Parks and Recreation Department has been awarded a value-in-kind grant from Musco Sports Lighting as part of the National Park and Recreation Association's Youth Sports Equity Program. This grant,valued at $100,000,is for a field lighting project in Pasco and reflects the many hours and resources you have invested in creating and/orenhancing a space in the local community that will advance equitable access to youth sports.Your diligent work in this area is helping to positively impact the lives of youth and families in your community,and we at Musco are proud to assist in this important work. CLAIMINGYOUR AWARD We have informed your Musco representative,Tim Butz,that you were awarded a grant for $100,000.This will be reflected as a discount on both your purchase agreement and your final invoice when purchasing the Musco materials for your project. TIMELINE Our expectation is that your project will be fully complete within one year.Please communicate with your Musco representative about any changes to your timeline,particularly if you think that your project will be delayed. If you have any additional questions about your grant,please contact Brittany Clarahan (brittanyclarahang‘f?musco.com). Sincerely, Heidi Tegtmeier Marketing Operations Manager Lighting ...We Make It Happen. Page 124 of 237 DocuSign Envelope ID:DE629604-725A-4840-858F-8A3BCF2DO4OE ORDINANCE NO.4708 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—KindGrant of $100,000 toward the installation of LED sports lighting at the A Street Sports Complex main ?eld; and WHEREAS,the installation of the ?eld 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 identi?ed 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: Ordinance 7 2023 i 2024 Capital Projects Budget Amendment —1 Page 125 of 237 DocuSign Envelope ID:DE6296C4-725A-4840-858F-8A3BCF2DO4OE Fund EXPENDITURE REVENUE Park Development Fund Community Park District $304,064.00 General Construction Fund $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 of?cials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3.Except as amended herein,Ordinance No.4620 as previously adopted heretofore shall remain unchanged. Section 4.Severability.If any section,subsection,sentence,clause,phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause phrase or word of this Ordinance. 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 speci?cally delegated to the City legislative body,is not subject to referendum,and shall take full force and effect ?ve (5)days after approval,passage,and publication as required by law. PASSED by the City Council of the City of Pasco,Washington,on this 4th day of March,2024. DocuSigned by: Nb Mm etSerrarrocor Mayor ATTEST:APPROVED AS TO FORM: DocuSigned by:DocuSigned by: Oct/mmeiW/n l?it 17orgasm/c bm9Ba5flfaah,CMC Ferguson Law,PLLC City Clerk City Attorneys Published:March 10,2024 Ordinance ,2023 ,2024 Capital Projects Budget Amendment —2 Page 126 of 237 DocuSign Envelope ID:DE629604-725A-4840-85BF-8A3BCF2DO4OE RESOLUTION NO.4430 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 ?eld 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. Resolution —Purchase Agreement for Lighting at A St Sports Complex -l Page 127 of 237 DocuSign Envelope ID:DE6296C4-725A-4840-858F-8A3BCF2DO4OE PASSED by the City Council of the City of Pasco,Washington,on this 4thday of March, 2024. DocuSigned by: Pd’bSol/mm B?WO Mayor ATTEST:APPROVED AS TO FORM: DocuSigned by:DocuSigned by: Del/m{bat/(WM l 6A0ngusoI/t bmeBé?rhaqn,CMC DFeiegaasenLaw,PLLC City Clerk City Attorneys Resolution —Purchase Agreement for Lighting at A St Sports Complex -2 Page 128 of 237 DocuSign Envelope ID:DE6296C4-725A-4840-85BF-8A3BCF2D04OE Date:February 2,2023 To:Project:A Street Fields Brent Kubalek Pasco,WA Ref:224464 King County Directors Association Master Project:195250,Contract Number:23—406,Expiration:02/28/2024 Commodity:Sport Court/FieldLighting Quotation Price —Materials Delivered to Job Site and Installation KCDAContract 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 furnishedis effectivefor 60 days unless otherwise noted and is considered confidential. Light-Structure System ’M with Total Light Control —TLCfor LED”technology Guaranteed Lighting Performance 0 Guaranteed light levels 0 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 0 (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-LEDluminaries UL Listed assemblies Control-Link®Control and Monitoring system with onsite dimming(high/med/Iow/blackout). Product assurance and warranty program that covers materials and onsite labor,eliminating 100%of your maintenance costs for 25 years 0 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. 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.ln-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 ITIUSCO.— 2016,2022 Musco Sports Lighting,LLC -1 -M-2167-enUS-10 Page 129 of 237 DocuSign Envelope ID:DE6296C4-725A-4840-85BF-8A3BCF2D040E 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: Musco Sports Lighting,LLC KCDA Attn:Musco Contracts Attn:Thomas Kim Fax:800—374—6402 Email:customerservice@kcda.org Email:musco.contracts@musco.com All purchase orders should note the following:KCDApurchase -Contract Number:19-406 Client to submit purchase order directly to KCDA.Parties agree that payment from Client to KCDAis a condition precedent to payment from KCDAto the Contractor (Musco)and that KCDAwill 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—incustom 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: 0 Payment and performance bond included at $9.18/1000 0 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. 0 Structural code and wind speed =2018 IBC,100mph,Exposure C,Importance Factor 1.0. o Trenching,backfill,conduit and in-ground boxes by others. 0 Reasonable access to poles provided by others. 0 Light Levels and uniformities are guaranteed by MUSCO,any additional aiming required to meet the specified requirements shall be done by MUSCO. 0 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 Quote/Scope of Work Approved by: Musco Sports Lighting,LLC Phone:503/720-6625 Date Approved: E-mail:tim.butz@musco.com C... ITIUSCO —2016,2022 Musco Sports Lighting LLC M-2167-enUS-10 Page 130 of 237 AGENDA REPORT FOR: City Council October 22, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/28/24 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - Professional Services Agreement Amendment No. 2 with Jacobs for Butterfield Water Treatment Plant Improvements (5 minutes) I. REFERENCE(S): Resolution Exhibit A - PSA Amendment No. 2 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Proposed Amendment No. 2 to the PSA with Jacobs for Butterfield Water Treatment Plant (Butterfield WTP) Improvements not to exceed $1,173,300. Summary: Original PSA $533,300 Amendment No. 1 $60,000 Amendment No. 2 (proposed) $1,173,300 New PSA Total $1,766,600 Funding for this project is provided by a low-interest loan through the Washington State Department of Health (DOH) Drinking Water State Revolving Fund (DWSRF) for preconstruction activities, awarded in the amount of $510,000. Additional funding is provided by a second low-interest loan through the Public Works Board Preconstruction Program, awarded in the amount of $1,000,000. Remaining funding is allocated from the Utility Fund (Water Fund 411). City staff continues to pursue funding opportunities in support of future construction tasks for this project. Page 131 of 237 IV. HISTORY AND FACTS BRIEF: On January 5, 2024, the City entered into a Professional Services Agreement (PSA) with Jacobs for the Butterfield WTP electrical system upgrade predesign services. Overall tasks included the following:  Condition assessment of the existing electrical service and backup power generator, the intake screens, raw water pump and ancillary chemical feed systems.  30% preliminary design package for the electrical system upgrades including a new electrical building and new electrical equipment and standby power to supply existing and future facilities.  A project definition evaluation to identify treatment process objectives.  Development of a project implementation and phasing approach and preliminary site plan.  Funding strategy assistance to identify potential funding alternatives to design and construct the future improvements. An amendment to the Butterfield WTP Facility Plan issued in 2023 provided additional recommendations for remediation with respect to cyanotoxins and aquatic the River Columbia the during present growth (milfoil) plant in seasonally warmer months. These recommendations led to an alternate sequence of phased replacement of the Butterfield WTP that prioritizes meeting new water quality and facility operational challenges caused by climate change. As a result, near-term steps for cyanotoxin mitigation in advance of the next summer chemical water raw of terms considered being are season in pretreatment. PSA Amendment No. 1 was approved under the Public Works Director approval authority on September 12, 2024, for the design of a permanganate dosing system. Amendment No. 1 scope included completion of construction bid documents previously initiated by in-house City engineering staff for the installation of a precast concrete permanganate injection vault located at the 36-inch raw water inlet piping downstream of the raw water pump station. This work also includes relocation of the chemical storage and feed pump system and instrumentation, and installation of pipe tapping saddles, chemical piping, and chemical injection equipment. V. DISCUSSION: Please note that this contract has been scoped in phases to coordinate with awarded funding. This proposed amendment allows us to use the second low- interest loan in order to move the project forward. Page 132 of 237 The proposed Amendment No. 2 scope primarily focuses on design of the Early Works Reliability Improvements, consisting of upgrades to existing Project the during priority high the identified facility at infrastructure as Definition Workshop. Items of work include reliability improvements to the existing screens. reduce To intake electrical the and equipment river administrative and mobilization costs, the raw water pump station improvements are also included under the Early Works package. Additionally, Amendment No. 2 includes geotechnical investigation and funding application assistance for pursuit of funding alternatives identified during the previous phase. Furthermore, during previous work, funds were shifted to complete time critical items including topographic survey and support of DOH compliance. This amendment also provides funding to complete the tasks that had been deferred. Staff recommends authorizing Amendment No. 2 to the professional services agreement WTP with Jacobs Engineering Group, Inc. for the Butterfield Improvements. Page 133 of 237 Resolution – Butterflied WTP Improvement Project Amend 2 to PSA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC. FOR THE BUTTERFIELD WATER TREATMENT PLANT IMPROVEMENTS PROJECT. WHEREAS, the City of Pasco (City) and Jacobs Engineering Group, Inc. (Jacobs) entered into a Professional Services Agreement on January 5, 2024, to provide Engineering services with respect to the Butterfield Water Treatment Plant (WTP) Improvements project; and WHEREAS, the City and Jacobs entered into Amendment No. 1 on September 12, 2024, to complete additional engineering (design) services for a raw water permanganate chemical dosing system to supplement current methods of algal cyanotoxin treatment and removal from the Columbia River water source; and WHEREAS, the City and Jacobs desire to enter into Amendment No. 2 to the Professional Services Agreement to provide additional professional engineering services as described in Exhibit A. These additional services include, but not limited to, early works package design and permitting services consisting of electrical reliability and raw water intake pump station improvements, geotechnical and topographic surveys, and future funding application assistance; 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 Amendment No. 2 to the Professional Services Agreement with Jacobs. 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 Amendment No. 2 to the Professional Services Agreement between the City of Pasco and Jacobs Engineering Group, 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 Amendment No. 2 to the Professional Services Agreement on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Amendment. Be It Further Resolved, that this Resolution shall take effect immediately. Page 134 of 237 Resolution – Butterflied WTP Improvement Project Amend 2 to PSA - 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 135 of 237 Jacobs Engineering Group, Inc. – Amendment No. 2 to PSA Butterfield Water Treatment Plant Improvements (Design Services) – Project N0. 21245 Version 05.11.24 Page 1 AMENDMENT NUMBER 2 to PROFESSIONAL SERVICES AGREEMENT Butterfield Water Treatment Plant Improvements – Design Services PROJECT: 21245 AGREEMENT NO. 23-038 WHEREAS, the City and Jacobs Engineering Group, Inc. entered into a Professional Services Agreement on 1/5/2024 to provide professional engineering services with respect to the Butterfield Water Treatment Plant Improvements project; and WHEREAS, the City and Jacobs Engineering Group, Inc. entered into an Amendment No. 1 to provide professional engineering services on 9/12/2024; and NOW, THEREFORE, this agreement is amended to allow Jacobs Engineering Group, Inc. to provide additional professional engineering services as described in Attachment 1. 1. Scope of Work: See Attachment 1. 2. Fee: The compensation for the work is based on a Time and Materials Basis not to exceed the amount of $1,173,300.00 for a total authorization amount of $1,766,600.00. See Attachment 2. 3. Time of performance: No Change. The services shall be complete for the project on or before 12/31/2027. DATED THIS DAY______________________________. [date of execution] CITY OF PASCO, WASHINGTON JACOBS ENGINEERING GROUP, INC. Adam R. Lincoln - City Manager Michael Reimbold, PE - Manager of Projects Page 136 of 237 Butterfield WTP Improvements Scope of Work 1 Scope of Work Butterfield WTP Improvements Amendment 2 – Early Works September 2024 This work is to be performed under the Agreement for Professional Services between City of Pasco, Washington (hereafter, “City”) and Jacobs Engineering Group Inc., (hereafter “Consultant”), for the Butterfield Water Treatment Plant (WTP) Improvements. This scope of work in Amendment 2 adds: •Electrical reliability design and permitting services. •Intake improvements design and permitting services. •Raw water pump station improvements design and permitting services. •Geotechnical investigation. •Funding application assistance. Amendment 2 also includes reallocation of funds from the original contract (Electrical system upgrades pre-design) for the following scope: •Topographic survey by HLA Engineering and Land Surveying. •Additional DOH permitting support. •Project report to include all phases of the Butterfield WTP Improvements. Future phases for design and services during construction for additional facilities and improvements to the Butterfield WTP may be completed under future contracts. The following facilities are anticipated to be part of the Butterfield WTP Improvements: Early Works (electrical reliability, intake screens, and raw water pump station upgrades) services during construction Treatment piloting Design and services during construction: Electrical system upgrades final design and services during construction Chemical Building replacement Ozone facility Filters Flocculation basins Residual handling improvements Clearwell EXHIBIT A Page 137 of 237 Butterfield WTP Improvements Scope of Work 2  High service pump station  Administration and maintenance building Page 138 of 237 Butterfield WTP Improvements Scope of Work 3 Contents Contents ............................................................................................................................................................................... 3 1. Project Management ............................................................................................................................................. 4 1.1 Meetings ........................................................................................................................................................................4 1.2 Document Management .........................................................................................................................................4 1.3 Schedule ........................................................................................................................................................................4 1.4 Monthly Reports and Invoices ...............................................................................................................................4 2. Project Definition ................................................................................................................................................... 5 2.1 Project Report ..............................................................................................................................................................5 2.2 Raw Water Pump Station Capacity and Hydraulics Study ..........................................................................5 3. Permitting ................................................................................................................................................................ 6 4. Topographic Survey .............................................................................................................................................. 8 5. Predesign of Electrical System Upgrade .......................................................................................................... 9 6. Funding Support ................................................................................................................................................. 10 6.1 Funding Applications ............................................................................................................................................. 10 7. Geotechnical Investigation ............................................................................................................................... 11 8. Early Works Detailed Design ............................................................................................................................ 14 8.1 Site Visit ...................................................................................................................................................................... 15 8.2 Preliminary Design (30% Design) .................................................................................................................... 15 8.3 Early Equipment Procurement ........................................................................................................................... 15 8.4 Detailed Design (60% Design) .......................................................................................................................... 16 8.5 Detailed Design (90% Design) .......................................................................................................................... 16 9. Management Reserve (Prior Written Approval Needed) .......................................................................... 18 9.1 Early Works Phase Final Design (100% Design) ......................................................................................... 18 10. Schedule ............................................................................................................................................................... 19 11. Compensation...................................................................................................................................................... 20 11.1 Rates ............................................................................................................................................................................. 20 11.2 Fee Summary ............................................................................................................................................................ 21 12. Appendix: Preliminary Drawing List ............................................................................................................... 23 Page 139 of 237 Butterfield WTP Improvements Scope of Work 4 1. Project Management Consultant’s project manager will manage the Consultant’s team, task leads, overall execution of the work, and accurate accounting of the budget and schedule. 1.1 Meetings Consultant will schedule a kickoff meeting and prepare the agenda and notes. The meeting will be held virtually (MS Teams). The agenda will include project scope, schedule, workshop topics, and discussion of City’s concerns and goals for the project. Consultant to be represented by project manager, assistant project manager, and process lead. Consultant will schedule regular status meetings via virtual meeting platform. These meetings are planned week for the duration of the work. The PM and/or Assistant PM will attend the meetings. Status meetings will be held to discuss, but not limited to, project status, key items, upcoming deliverables, and action items. If project meeting is determined to not be needed that week, Consultant Project Manager will send City Project Manager project status update by email. 1.2 Document Management Consultant will create and manage a Microsoft Teams project site for file sharing and collaboration. This site will be accessible by identified City staff. A similar site will be created for collaboration during construction with the City and Construction Contractor. 1.3 Schedule Consultant will prepare a project schedule in Microsoft Project. The schedule will be reviewed with the City and then established as the baseline schedule. The schedule will be updated each month with the monthly status memo. 1.4 Monthly Reports and Invoices Consultant to provide a monthly project status memo to accompany monthly invoices. The monthly status memo will describe ongoing work, planned work for the coming month, upcoming deliverables, budget summary, anticipated delays in schedule, and schedule update. Assumptions: ▪ Project duration is 12 months for Amendment 2 Deliverables: ▪ Monthly Status Memo and Invoice Page 140 of 237 Butterfield WTP Improvements Scope of Work 5 2. Project Definition The purpose of this task is to complete evaluations and studies recommended in the City of Pasco Butterfield Water Treatment Plant Facilities Plan (2023) for the Amendment 2 scope. 2.1 Project Report Amendment 2 revises the original contract scope for the Project Report, which only includes the Electrical Improvements. The Project Report will address the full scope of the Butterfield WTP Improvements. 2.2 Raw Water Pump Station Capacity and Hydraulics Study Consultant to perform raw water pump station capacity and hydraulics evaluation to confirm the raw water pump station deficiencies and evaluate alternatives for improvements to the raw water pump station to meet the firm capacity of 30 mgd after the water treatment improvements. Consultant to perform computation fluid dynamic (CFD) modeling of the raw water pump station wet well to identify cavitation or air entrainment issues that may need to be addressed. Deliverables ▪ Raw Water Pump Station Capacity and Hydraulics Evaluation Technical Memo Page 141 of 237 Butterfield WTP Improvements Scope of Work 6 3. Permitting Consultant will provide support for permit applications for the Electrical Reliability, Intake, and Raw Water Pump Station Improvements only. The permits listed in Table 1 are assumed for the purposes of developing this scope and budget. Consultant will prepare a detailed permit matrix to be maintained and updated as part of this work. Consultant will update the permit matrix that details anticipated local, state, and federal permits required for the reservoir project. The permit matrix will document the applicable agency, permits, permit triggers, supporting documentation, estimated permit application submittal dates, estimated permit completion dates, review status of agency, and anticipated review-completion dates. Consultant will update the permit matrix as needed, due to changes of regulation requirements, regulatory review processes, or project design. The permit matrix will be used by Consultant to manage the permitting activity and will be a key tool in keeping City up to date on the status of the permits. Table 1. Draft Permit Matrix Permit or Approval Responsible Agency Electrical Reliability Improvements Intake and RWPS Improvements FEDERAL JARPA X CWA Section 401 Water Quality Certification USACE, WA Dept. of Ecology X CWA Section 404 USACE X CZMA WA Dept. of Ecology X Rivers and Harbors Act Section 10 USACE X Rivers and Harbors Act Section 408 USACE X ESA Section 7 USACE, NMFS, and USFWS X NHPA Section 106 Cultural Resources Study USACE, Tribes, WA Department of Archaeology and Historic Preservation X STATE State Environmental Policy Act (SEPA) City of Pasco X X Hydraulic Project Approval (HPA) WA Department of Fish and Wildlife X NPDES 1200-C Permit WA Department of Ecology X X Aquatic Easement WA Department of Natural Resources X Treatment Pilot Test Plan Washington Department of Health (DOH) Treatment Pilot Test Report Washington Department of Health (DOH) Plan Review Washington Department of Health (DOH) X X Project Final Approval Washington Department of Health (DOH) X X LOCAL Special Use Permit City of Pasco X X Land Use Review (Type 2 Review) City of Pasco X Land Use Compatibility Review City of Pasco X Floodplain Development Review City of Pasco X Page 142 of 237 Butterfield WTP Improvements Scope of Work 7 Permit or Approval Responsible Agency Electrical Reliability Improvements Intake and RWPS Improvements Grading Permit and Plan Review City of Pasco X Building Permit City of Pasco X Mechanical and Plumbing Permit City of Pasco X Electrical Permit Washington State Department of Labor & Industries X X Definitions: BiOp – Biological Opinion CWA – Clean Water Act ESA – Endangered Species Act JPA – Joint Permit Application NHPA – National Historic Preservation Act NMFS – National Marine Fisheries Service USACE – US Army Corps of Engineers WQ – Water Quality Assumptions ▪ City is responsible for paying all fees required as a part of the permit applications and for signing the applications as the applicant. ▪ City will submit and coordinate all applications to the City of Pasco. ▪ The site does not contain hazardous materials, wetlands, endangered species, or cultural resources. Deliverables ▪ Permit matrix ▪ Permit application materials Page 143 of 237 Butterfield WTP Improvements Scope of Work 8 4. Topographic Survey Surveying services will be procured by Consultant. Consultant will coordinate with the surveyor to define the scope of work for the survey including the area to be surveyed and format of deliverables. Technical details pertaining to file type and datum will be determined ahead of the survey to ensure consistency with existing as-built drawings. One coordination meeting with surveyor is included to review the work plan and technical details. This survey information will be used to develop a base map and to assist with development of the site plan as described above. Assumptions ▪ Survey area will consist of the entire Water Treatment Plant site. ▪ Consultant will provide a markup to surveyor showing the general location of key infrastructure and underground utilities to be included in the survey. ▪ City will coordinate the marking of underground utilities (power, gas, water mains) ahead of survey data collection. ▪ City crews will pothole key infrastructure. ▪ Survey data will include 1 ft contours, locations of below grade utilities, location of above grade structures, fences, property boundary, valve boxes, electrical hand holes, and other elements typical of a topographical survey. Deliverables ▪ Topographic survey data and control point coordinate table in electronic format. Page 144 of 237 Butterfield WTP Improvements Scope of Work 9 5. Predesign of Electrical System Upgrade Site visits scoped in the original contract are removed as part of Amendment 2. Page 145 of 237 Butterfield WTP Improvements Scope of Work 10 6. Funding Support 6.1 Funding Applications The purpose of this task will be to provide grant and loan application assistance for the following funding applications: ▪ WA State Department of Health Drinking Water State Revolving Fund (SRF) ▪ EPA Water Infrastructure Finance and Innovation Act (WIFIA) Loan, including drafting the letter of interest (LOI) Consultant will coordinate a meeting with WIFIA and DOH to confirm and negotiate the requirements for setting up a segment cap approach for funding. Assumptions ▪ City is responsible for paying all fees required as a part of the funding applications and for signing the applications as the applicant. ▪ City will submit all applications. Deliverables ▪ SRF application materials ▪ WIFIA LOI and application materials Page 146 of 237 Butterfield WTP Improvements Scope of Work 11 7. Geotechnical Investigation Consultant will review existing subsurface information available from past geotechnical explorations at the Butterfield Water Treatment Plant and supplement the existing information with new geotechnical explorations and laboratory testing to inform the Phase 1 geotechnical design. Jacobs anticipates primary geotechnical issues for the project will include: • The surface geological unit in the vicinity of the site is unconsolidated alluvium consisting of “Mostly unconsolidated silt, sand, and gravel valley fill with some clay; includes low -level terrace, marsh, peat, artificial fill, and glacial deposits locally.” (Huntting et al. 1961). According to geological hazard maps published by the State of Washington Department of Natural Resources (DNR 2023), this alluvium is susceptible to liquefaction. • Construction of embedded structures may require dewatering and subgrade preparation to stabilize saturated soils for support of structural foundations and slabs. Therefore, the primary geotechnical objective will be to characterize alluvium beneath the site and perform geotechnical analyses for the development of code-based foundation recommendations that address known seismic hazards and constructability. In accordance with IBC and ASCE-7, the seismic evaluation will include liquefaction screening analysis, total and differential settlement, surface displacement caused by faulting or seismically induced lateral spreading or lateral flow, determination of dynamic seismic lateral earth pressures on embedded structural walls or retaining walls, and seismic design for deep foundations, if applicable. Because the site is mapped as having potential liquefaction, it is anticipated that a site -specific site response analysis will be required by code. One-dimensional, equivalent-linear, total stress analysis will be performed to develop code-compliant seismic ground response spectral accelerations for use in geotechnical and structural seismic evaluations. The geotechnical evaluation will also include static considerations for the design of structure foundations, slabs, and walls, as well as construction considerations. Jacobs will also provide recommendations for site grading, pavement design, and appurtenances. The proposed subsurface exploration will consist of: • Two (2) geotechnical borings at the proposed Phase 1 structure locations (i.e., one north and one south of the existing plant). Based on limited well data for the site vicinity, it is estimated that each boring will penetrate approximately 100 feet of alluvium and then core 20 feet into bedr ock. Drilling methods will be mud-rotary, or possibly sonic drilling to better penetrate coarse alluvium (i.e., coarse gravel and cobbles), pending review of additional available subsurface data. Casing will be installed to the maximum depth of each borehole to provide access for PS-logging. The casing will be backfilled with cement-bentonite grout and a surface mount monument will be installed at grade with a locking cap. • PS-suspension logging will be done within the casing in each boring to characterize the shear wave velocity profile and for use in liquefaction screening and foundation design . • One (1) open-standpipe piezometer will be installed to a depth of approximately 35 feet in a boring offset nominally 20 feet from one of the geotechnical borings for the purpose of measuring the groundwater elevation and for variable head (“slug”) tests to investigate hydraulic parameters for construction dewatering. No soil sampling is planned for this offset boring. Page 147 of 237 Butterfield WTP Improvements Scope of Work 12 • Four (4) test pits for design of Phase 1 pavements. Each test pit will extend to a depth of about 6 feet to characterize pavement subgrade and to obtain bulk soil samples for laboratory testing. Test pits will be completed using a rubber-tired backhoe equipped with a toothed, nominally 2-ft- wide bucket. No personnel will enter a trench deeper than 3 feet. Upon completion, each test pit will be backfilled with the excavation spoils, placed and compacted in lifts by tamping with the backhoe bucket. • Laboratory testing: • Soil classification testing for selected boring and test pit samples. • Soil compressibility and shear strength, if fine -grained soils are encountered. • Corrosivity testing. As a part of the subsurface exploration, the Consultant will: 1. Review existing subsurface data in the site vicinity. 2. Develop the final geotechnical subsurface exploration plan. 3. Perform drilling and logging of geotechnical borings. If mud-rotary drilling methods are used, this will include Standard Penetration Testing (SPT) at typically 5-feet intervals to collect samples for laboratory testing and to provide a measure of the soil relative consistency. For sonic drilling methods, a continuous (disturbed) sample will be obtained for soil descriptions and laboratory testing, a nd the soil consistency would be evaluated based on the shear wave velocity from PS-logging. 4. Identify select soil samples for laboratory testing, such as moisture content, density, plasticity, and grain size, to use for soil classification and correlations with engineering properties. 5. Provide a field engineer to oversee geotechnical subsurface explorations in their entirety. 6. Develop boring logs. 7. Survey final boring locations. Reporting will include: • Geotechnical Data Report. This factual data report will describe and summarize results for the subsurface exploration. It is intended for use in all phases of design and may be included in construction contract documents. • Geotechnical Site Characterization and Seismic Hazards Report. This design report will present the Consultants interpretations for the subsurface conditions and summarize seismic hazards evaluations including liquefaction, seismic settlement, and lateral s preading. • Phase 1 Geotechnical Design Report. Building on the above two reports, Consultant will develop comprehensive design recommendations for Phase 1. Draft reports will be prepared and submitted electronically to City for review. Consolidated comments from City’s review will be incorporated into final reports. Assumptions ▪ City will provide existing utility information and utility locates prior to geotechnical field work . Page 148 of 237 Butterfield WTP Improvements Scope of Work 13 ▪ Consultant will obtain any permits necessary to conduct this work . ▪ The site does not contain hazardous materials, wetlands, endangered species, or cultural resources. ▪ Soil and groundwater encountered during the field exploration will be free of environmental contamination and will not require special monitoring, handling, testing, or disposal. ▪ Geotechnical boring, including casing and well installations will be performed by a subcontractor in five days using either a truck-mounted or track-mounted drilling rig. While efforts will be made to minimize rutting of landscaped areas, some disturbance is anticipated. No restoration of landscaping is planned. ▪ Geophysical testing using PS-logging equipment will be performed by a subcontractor in a single day and will not require heavy equipment. ▪ Test pits will be completed by subcontractor in a single day. ▪ The planned exploration locations will be surveyed and staked by a subcontractor for the purpose of utility locating prior to mobilization of work crews. It is assumed that City staff will clear existing site utilities and coordinate with other public utility locators as needed. ▪ Consultant will provide one field staff to oversee the geotechnical borings, geophysical testing, and test pit excavations. Two site visits are anticipated. - The first site visit is estimated to be for five days to supervise the geotechnical borings, including casing and open-standpipe piezometer installation. - The second site visit will be for three days to supervise PS-logging, test pit explorations, slug testing, groundwater level measurements, and surveying of as-drilled exploration locations. ▪ Drill fluids and cuttings from borings, and pumped water generated by slug testing will be removed from site. Deliverables ▪ Geotechnical Data Report ▪ Geotechnical Site Characterization and Seismic Hazards Report ▪ Phase 1 Geotechnical Design Report Page 149 of 237 Butterfield WTP Improvements Scope of Work 14 8. Early Works Detailed Design For the purposes of this scope of work, the early works improvements are assumed to include the following improvements delivered in one construction package for conventional (design -bid-build) bidding and construction: 1. Electrical reliability. a. Replacement of three existing motor control centers (MCCs) 2. Intake and Raw Water Pump Station improvements. a. Replacement of two existing screens with ISI mechanically brushed screens. b. Replace two smaller raw water pumps with 10 MGD pumps. c. Replace leaking check valve on raw water pump #9. d. Install pressure indicator/transmitters on each raw water pump discharge. e. Install redundant level indicator/transmitter on raw water wet well. f. Replace electrical distribution panels and harmonic filters. g. Install two new variable frequency drives at raw water pump station. h. Install connection for standby power for RWPS and backwash lift station. i. Install security fencing and cameras around raw water pump station and backwash lift station. j. Install ledger angle to support tread plate in raw water pump station and weld pump plate to baseplate. A pre-procurement package for the MCCs will be completed to allow the pre -purchasing of the MCCs due to the long lead time. Consultant will complete a detailed design of the project by developing a 30%, 60%, 90%, and final (100% complete) Contract Documents. The completed design documents will consist of bidding documents, contract documents based on Consultant standard contract and general conditions, Division 1 specifications, technical specifications, and drawings. This combined package of documents will be referred to hereinafter as the Contract Documents. City will provide review comments for each design milestone in a Bluebeam Revu Studio Session coordinated by Consultant. City will internally adjudicate its review comments to provide clear direction for Consultant. Consultant will provide a written response within the Bluebeam Revu Studio Session to each written review comment provided by City and incorporate the comments into the subsequent design documents accordingly. At the beginning of each design milestone review period, a 4 -hour meeting will be held to provide an overview of the design deliverable. Assumptions: ▪ Early Works Projects will be bid in one construction contract. ▪ Level of effort is based on preliminary drawing list, included as Appendix 1. Page 150 of 237 Butterfield WTP Improvements Scope of Work 15 ▪ Construction of projects may be funded with State or federal funding. Contracting requirements will be included as a dedicated specification section to address supplemental funding requirements based on Consultant’s experience on similar projects. ▪ Detailed design will go through 90% design. Written authorization will be required to complete the final design of the early works improvements. The scope for 100% design is included as management reserve. 8.1 Site Visit Consultant will visit the site, accompanied by City staff, to identify tie-ins, site constraints, and validate site layout assumptions. The site visit will be up to 2 days for the project manager, process engineer, electrical engineer, intake design lead, and structural engineer. 8.2 Preliminary Design (30% Design) Consultant will undertake a preliminary design process on the facility improvements identified for this work that result in a 30-percent complete draft design submittal. The schematic design submittal will consist of 30-percent complete drawings and a Basis of Design Report that identifies key facility design criteria. A preliminary list of anticipated specifications will also be provided. Consultant will prepare design drawings that represent completion of the design project to a 30% complete level. Drawings that comprise the Preliminary Design package will be draft drawings that include structural drawings that show the size and configuration of new facilities, process mechanical plan and section drawings showing key equipment and connections, electrical plan and section drawings and one-line diagram, and control system drawings. Consultant will prepare the Basis of Design Report (BODR) that summarizes the design and sizing criteria, major equipment, code-compliance requirements, equipment and materials selections, and CAD standards. The BODR will enable Consultant’s design team t o effectively move from the preliminary design stage into the detailed design stage of the project. Consultant will prepare and submit the BODR electronically, for the City’s review and comment. Consultant will prepare an opinion of probable cost at 30% (AACE International Class 3). Cost Estimates will be prepared by Consultant’s cost estimating and construction professionals. A memo will be provided explaining the data upon which the cost estimate was based. In providing opinions of construction cost, Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidd ing procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s analyses, projections, and/or estimates. 8.3 Early Equipment Procurement A procurement package will be developed for the MCCs. The procurement package will include technical specifications and any additional specifications required for procurement. It will also include any drawings required for inclusion in the procurement package. Specifications will be developed to 90% design level. Consultant will prepare drawings to the level of completion required for equipment procurement, and coordinate with vendors to define preliminary equipment layouts. The Consultant will review equi pment proposals and provide recommendation of award. Page 151 of 237 Butterfield WTP Improvements Scope of Work 16 8.4 Detailed Design (60% Design) The 60% design document will incorporate City review comments from the preliminary design (30% document). Consultant will prepare a 60% complete submittal of the design. Consultant will prepare and submit the 60% complete submittal electronically in PDF format on 11” x 17” drawings, for the City’s review and comment. Consultant will prepare an opinion of probable cost at 60% (AACE International Class 2). Cost Estimates will be prepared by Consultant’s cost estimating and construction professionals. A memo will be provided explaining the data upon which the cost estimate was based. In providing opinions of construction cost, Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidd ing procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s analyses, projections, and/or estimates. 8.5 Detailed Design (90% Design) The 90% design document will incorporate City review comments from the 60% design submittal. Consultant will prepare a 90% complete submittal of the design. The 90% complete submittal will be substantially complete in all aspects necessary to complete the construction contract. Review of the 90% complete submittal package will be the City’s final opportunity to effect changes to the design prior to advertising the construction contract. Consultant will prepare and submit the 90% complete submittal electronically in PDF format on 11” x 17” drawings, for the City’s review and comment. City and Consultant acknowledge that review of the 90% complete submittal for approval by the State, City, and other applicable agencies for obtaining permits will be simultaneous. Upon receipt of all agency review comments, City and Consultant will meet to discuss the 90% complete design submittal, City’s review comments, and the review comments from the agencies. Consultant will prepare an opinion of probable cost at 90% design (AACE International Class 1). Cost Estimates will be prepared by Consultant’s cost estimating and construction professionals. A memo will be provided explaining the data upon which the cost estimate was based. In providing opinions of construction cost, Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes n o warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s analyses, projections, and/or estimates. Deliverables ▪ Basis of Design Report, 30% Plans, and Opinion of Probable Cost ▪ Procurement Package Plans and Specifications ▪ 60% Plans, Specifications, and Opinion of Probable Cost, Division 0 and 1 Specifications in Word format as well, response-to-comments Page 152 of 237 Butterfield WTP Improvements Scope of Work 17 ▪ 90% Plans, Specifications, and Opinion of Probable Cost. Division 0 and 1 Specifications in Word format as well, response-to-comments Page 153 of 237 Butterfield WTP Improvements Scope of Work 18 9. Management Reserve (Prior Written Approval Needed) This task is for Management Reserve use. Consultant must obtain written approval from the City prior to utilizing Management Reserve funds. Use of Management Reserve funds without prior written approval will result in charges removed/denied. 9.1 Early Works Phase Final Design (100% Design) The management reserve will include the early works phase final design (100% design) for bid package. Consultant will prepare a 100% complete submittal of the design. Consultant will incorporate City’s and agency review comments from the 90% submittal into the 100% complete design submittal. The 100% complete submittal will be used to bid the construction contract. No meetings to review or discuss the 100-percent complete design package are planned or budgeted. Consultant will submit electronically stamped 100-percent-complete contract documents submittal in PDF format for use by the City for bidding the construction contract. PDF drawings will be half-size, 11”x17”. Design changes that impact the cost estimate are not anticipated after 90% design, but the estimate will be updated based on the 100% design if needed. Deliverables ▪ Final Plans, Specifications, and Opinion of Probable Cost, Division 0 and 1 Specifications in Word format as well, response-to-comments Page 154 of 237 Butterfield WTP Improvements Scope of Work 19 10. Schedule Pa g e 1 5 5 o f 2 3 7 Butterfield WTP Improvements Scope of Work 20 11.Compensation 11.1 Rates Compensation will be made using standard hourly rates, plus expenses expressly eligible for reimbursement, as described in the Agreement Between City and Consultant for Professional Services. Billing rates shown in Table 2 below will be escalated by 3% each year starting in January 2025. Table 2. Consultant Billing Rates Title Hourly Billing Rate (2023-2024) Professionals Project manager $325 Assistant PM $225 Expert Technical Engineer $325 Senior technical consultant $280 Senior review engineer $250 Senior engineer $225 Lead engineer $215 Senior Professional $200 Associate Engineer $190 Lead Professional $190 Staff engineer $170 Intermediate Engineer $150 Global Design Engineer (all levels) $130 Entry engineer $120 Engineering Intern $90 Science Intern $70 Technicians Specialist CAD Technician $205 CAD Supervisor $190 Senior CAD Technician $170 Lead CAD Technician/Specifications $140 CAD Technician/Document Processing/Specifications $125 Global Design CAD (all levels) $110 Intermediate CAD Technician $110 Entry CAD Technician $90 Administration Project Controls $145 Lead Administrative Assistant $135 Administrative Assistant $115 Intermediate Administrative Assistant $95 Entry Administrative Assistant $85 EXHIBIT B Page 156 of 237 Butterfield WTP Improvements Scope of Work 21 11.2 Fee Summary The estimated hours and cost for each task are summarized below. These values are provided as guidance and actual hours and costs will vary based on staff assigned and execution of the work. The actual individual task expenditures may be more or less than the budgeted amount within the overall not-to- exceed contract value. Expenses shall be within the federal and state guidelines to be reimbursable. Page 157 of 237 Butterfield WTP Improvements Scope of Work 22 Table 3. Fee Summary by Task Original Contract ($533,300) Amendment 1 ($60,000) Amendment 2 ($1,173,3000) Total Project ($1,766,600) Title Hours Cost Hours Cost Hours Cost Hours Cost Task 1. Project Management 364 $88,700 408 $90,240 772 $178,940 Task 2. Project Definition 706 $153,190 128 $23,560 834 $176,750 Task 3. Permitting 124 $24,420 690 $138,780 814 $163,200 Task 4. Topographic Survey 52 $7,560 $38,840 52 $46,400 Task 5. Electrical Facility Pre-Design 1,049 $188,710 -92 ($24,470) 957 $164,240 Task7. Geotechnical Investigation 628 $167,560 628 $167,560 Task 8. Detailed Design of Early Works Package through 90% Design 2,636 $481,500 2,636 $481,500 Expenses: Travel and Miscellaneous $11,340 $18,130 $29,470 Expenses: Geotech Drilling and Lab Services $87,570 $87,570 Expenses: Geotech Travel $4,370 $4,370 Management Reserve (original contract) 143 $26,080 -143 ($26,080) 0 $0 Subtotal – SRF/PWB Funded Tasks $500,000 $1,000,000 $1,500,000 Management Reserve - Detailed Design of Early Works Bid Package 514 $95,200 514 $95,200 Task 6. Funding Alternatives and Applications 88 $21,240 400 $78,100 488 $99,340 Task 9. Permanganate Design 332 $60,000 332 $60,000 SRF Application Support to date 53 $12,060 53 $12,060 Subtotal – Additional Support $33,300 $60,000 $173,300 $266,600 Contract Total 2,579 $533,300 332 $60,000 5,169 $1,173,300 7,748 $1,766,600 Pa g e 1 5 8 o f 2 3 7 Butterfield WTP Improvements Scope of Work 23 12. Appendix: Preliminary Drawing List Table A1. Early Works Preliminary Drawing List 01 - General 1 01-G-001 TITLE, VICINITY, AND LOCATION MAP 2 01-G-002 DRAWING INDEX 3 01-G-003 ABBREVIATIONS - 1 OF 2 4 01-G-004 ABBREVIATIONS - 2 OF 2 5 01-G-005 STRUCTURAL GENERAL NOTES - 1 6 01-G-006 STRUCTURAL GENERAL NOTES - 2 7 01-G-007 BASIS OF DESIGN, DESIGN CRITERIA 8 01-G-008 PIPE SCHEDULE AND FLOW STREAM IDENTIFICATION 9 01-G-009 HYDRAULIC PROFILE 10 01-G-010 VALVE SCHEDULE 11 01-G-011 LEGEND - CIVIL AND YARD PIPING 12 01-G-012 LEGEND - ELECTRICAL 13 01-G-013 ELECTRICAL NOTES 14 01-G-014 LEGEND - INSTRUMENTATION AND CONTROL - 1 15 01-G-015 LEGEND - INSTRUMENTATION AND CONTROL - 2 16 01-G-016 LEGEND - INSTRUMENTATION AND CONTROL - NETWORK BLOCK DIAGRAM 17 01-G-017 MATERIAL AND AREA CLASSIFICATION SELECTION TABLE 05 - Site Development 18 05-C-001 EXISTING CONDITIONS AND SURVEY CONTROL PLAN 19 05-C-003 EROSION AND SEDIMENT CONTROL GENERAL NOTES 20 05-C-004 EROSION AND SEDIMENT CONTROL PLAN 21 05-C-005 EROSION AND SEDIMENT CONTROL PLAN - DETAILS 22 05-C-006 SITE PLAN - OVERALL 23 05-C-007 SITE PLAN - ELECTRICAL RELIABILITY 24 05-Y-001 YARD PIPING PLAN - ELECTRICAL RELIABILITY 25 05-Y-002 YARD PIPING DETAILS 26 05-C-008 GRADING PLAN - ELECTRICAL RELIABILITY 06 - Site Electrical 27 06-E-001 ELECTRICAL SITE DEMOLITION PLAN 28 06-E-002 ELECTRICAL SITE PLAN - ELECTRICAL RELIABILITY 29 06-E-003 ELECTRICAL SITE PLAN - INTAKE AND RWPS 30 06-E-004 DUCTBANK SCHEDULE Page 159 of 237 Butterfield WTP Improvements Scope of Work 24 09 - Instrumentation and Control 31 09-I-001 INTAKE - PUMPS P&ID 32 09-I-002 INTAKE - SCREENS P&ID 33 09-I-003 POWER MONITORING - P&ID 34 09-I-004 NETWORK BLOCK DIAGRAM - OVERALL 15 - ELECTRICAL RELIABILITY IMPROVEMENTS 35 15-S-001 PLAN 36 15-S-002 DETAILS 37 15-E-001 PLAN - DEMO 38 15-E-002 PLAN - DEMO 39 15-E-003 PLAN - FILTER/ADMIN BUILDING 40 15-E-004 PLAN - FILTER/ADMIN BUILDING 41 15-E-005 DEMO ONE-LINE DIAGRAM 42 15-E-006 REVISED ONE-LINE DIAGRAM 43 15-E-007 PANELBOARD SCHEDULES INTAKE/RWPS IMPROVEMENTS 44 20-D-001 DEMO PLAN AND SECTION 45 20-C-001 OVERALL PLAN 46 20-S-001 INTAKE STRUCTURAL PLAN 47 20-S-002 INTAKE STRUCTURAL SECTIONS 48 20-M-001 INTAKE PLAN 49 20-M-002 INTAKE SECTION 50 20-M-003 INTAKE DETAILS 51 20-M-004 RWPS PROCESS PIPING PLAN AND SECTION 52 20-M-005 RWPS PROCESS PIPING DETAILS 53 20-M-006 RWPS PLAN 54 20-M-007 RWPS DETAILS 55 20-E-001 ELECTRICAL SITE PLAN 56 20-E-002 PLAN - DEMO 57 20-E-003 DEMO ONE-LINE DIAGRAM 58 20-E-004 REVISED ONE-LINE DIAGRAM 59 20-E-005 CONDUIT AND RACEWAY SCHEDULE 60 20-E-006 PANELBOARD SCHEDULES 61 20-E-007 SECURITY RISER DIAGRAM Page 160 of 237 Butterfield WTP Improvements Scope of Work 25 100 - STANDARD DETAILS 62 100-SD-01 STANDARD DETAILS - CIVIL 63 100-SD-02 STANDARD DETAILS - STRUCTURAL 64 100-SD-03 STANDARD DETAILS - STRUCTURAL 65 100-SD-04 STANDARD DETAILS - STRUCTURAL 66 100-SD-05 STANDARD DETAILS - STRUCTURAL 67 100-SD-06 STANDARD DETAILS - STRUCTURAL 68 100-SD-07 STANDARD DETAILS - STRUCTURAL 69 100-SD-08 STANDARD DETAILS - STRUCTURAL 70 100-SD-09 STANDARD DETAILS - PROCESS MECHANICAL 71 100-SD-10 STANDARD DETAILS - PROCESS MECHANICAL 72 100-SD-11 STANDARD DETAILS - ELECTRICAL 73 100-SD-12 STANDARD DETAILS - ELECTRICAL 74 100-SD-13 STANDARD DETAILS - ELECTRICAL 75 100-SD-14 STANDARD DETAILS - ELECTRICAL 76 100-SD-15 STANDARD DETAILS - INSTRUMENTATION 76 TOTAL SHEETS Page 161 of 237 October 28, 2024 Pasco City Council Workshop Pa g e 1 6 2 o f 2 3 7 PSA Amendment No. 2 – Butterfield WTP Improvements October 28, 2024 Pasco City Council Pa g e 1 6 3 o f 2 3 7 Butterfield WTP – Existing Facility 3 W. A St. Raw Water Pump Station Intake Screen Air Burst System Raw Water Pump Station Electrical Panel Pa g e 1 6 4 o f 2 3 7 Butterfield WTP – Early Works Improvements Phase 4Proposed Electrical Reliability Improvements at the Existing Water Treatment Plant Pa g e 1 6 5 o f 2 3 7 Butterfield WTP – PSA Amendment No. 2 for Jacobs Engineering Group, Inc. 5 Butterfield WTP Improvements $1,173,300Amendment No. 2 (proposed) $1,766,600New PSA Total $8.8 millionTotal estimated project Cost for Early Works -Construction Summary of Amendment No. 2 Scope •Design Services for Early Works Reliability Improvements •Electrical System and River Intake Screen Upgrades •Raw Water Pump Station Improvements •Geotechnical and Topographical Surveys •Funding Application Assistance (i.e., DWSRF, WIFIA, etc.) •Permitting Assistance Pa g e 1 6 6 o f 2 3 7 Questions?Pa g e 1 6 7 o f 2 3 7 AGENDA REPORT FOR: City Council October 22, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/28/24 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - West Pasco Water Treatment Plant Phase 3 and 4 Drinking Water State Revolving Fund Loan Acceptance (5 minutes) I. REFERENCE(S): Resolution Exhibit A - DWSRF Loan Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The City was awarded a $12 million loan to fund full construction of the West Pasco Water Treatment Plant (WPWTP) Phase 3 and 4 Improvements. The loan is administered by the Washington State Department of Health (DOH) as part of their Drinking Water State Revolving Fund (DWSRF) program. The loan has a 24-year term with an effective interest rate of 1.75% and an included service fee of 1%. Additionally, the loan as awarded qualifies for loan principal forgiveness. As stated in the loan Declarations, the principal loan forgiveness represents 48.5% of the total loan amount, or $5.8 million. Non-repayable principal is effective at project completion. This award saves the City's utility over $7 million in interest payments and $5.8 million in principal forgiveness; total of $12.8 million of savings. IV. HISTORY AND FACTS BRIEF: The 2019 Comprehensive Water System Plan identified a series of plant and pumping system expansions necessary to achieve a reliable WPWTP treatment capacity of 18 Million Gallons per Day (MGD). Phase 2 of the plant Page 168 of 237 improvements is currently in construction with completion anticipated in Summer 2025. The packaged Phases 3 and 4 of the planned improvements include the design and construction to increase potable water production from 12MGD to 18MGD. In November of 2023, Resolution No. 4397 was approved to authorize the City to apply for a Washington State DOH low-interest loan through the DWSRF program. The program provides low-interest construction loans to fund publicly owned municipal water systems. These loans cover capital improvements aimed at maintaining compliance with state and federal regulations, for safe and reliable drinking water municipal infrastructure. The City was selected as a recipient for the DWSRF 24-year construction loan for the WPWTP Phase 3 and 4 Improvements. The loan from DOH will be used for full construction of the expanded membrane filtration system, cyanotoxin treatment, service pumps, and backwash recovery system. This includes funding for construction management and inspection services, commissioning, start-up, documentation regulatory and permitting subsequent any and necessary to comply with federal loan administration requirements. V. DISCUSSION: Staff recommends approval of the low-interest loan agreement from the Washington State Department of Health Drinking Water State Revolving Fund program for the construction of the West Pasco Phase 3 and 4 Improvements Projects. Page 169 of 237 Resolution - DWSRF Loan Contract DWL29303-0 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER DRINKING WATER STATE REVOLVING FUND (DWSRF) LOAN CONTRACT NO. DWL29303-0 WITH WASHINGTON STATE DEPARTMENT OF HEALTH FOR THE WEST PASCO WATER TREATMENT PLANT (WTP) PHASES 3 AND 4 PROJECTS. WHEREAS, the City of Pasco (City) currently provides reliable potable water service to a population of over 80,000 with projected increases in future water system usage anticipated; and WHEREAS, the 2019 Comprehensive Water System Plan identified needed improvements to the West Pasco WTP in order to increase water filtration capacity and potable water production from 12 Million Gallons per Day (MGD) to 18 MGD and WHEREAS, to help fund these improvements, the Council authorized staff to apply for a DWSRF loan in the principal amount of up to $12,000,000 bearing interest at an interest rate of 1.75% per annum; and WHEREAS, the proposed loan has a term of 24 years and a one percent (1%) service fee included in the loan amount upon execution; 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 DWSRF Loan Contract No. DWL29303-0 with Washington State Department of Health. 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 DWSRF Loan Contract No. DWL29303-0 between the City of Pasco and Washington State Department of Health 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 and directed to execute and deliver DWSRF Loan Contract No. DWL29303-0 on behalf of the City of Pasco to the Washington State Department of Health. Be It Further Resolved, that this Resolution shall take effect immediately. Page 170 of 237 Resolution - DWSRF Loan Contract DWL29303-0 - 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 William G. Tonkin, Attorney City Clerk Foster Garvey P.C. Page 171 of 237 DWL29303-0 City of Pasco #2023-4226 September 26, 2024 City of Pasco Adam R. Lincoln 525 North Third Ave Pasco, WA 99301 lincolna@pasco-wa.gov RE: Loan Contract Number: DWL29303-0 Dear Mr. Lincoln, Enclosed is the Drinking Water State Revolving Fund Loan Contract Number identified above for your signature. The Loan Contract details the terms and conditions that will govern the agreement between us, which includes the project's Scope of Work as a formal attachment. Failure to return the contracts within 60 calendar days of the date of this letter may result in your loan offer being withdrawn. Review, print and sign the document. Once signatures are obtained, scan and return by email to dohcon.mgmt@doh.wa.gov or print and sign a hard copy and return the originals to us for full execution. Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both state and federal requirements. A non-refundable one-percent loan administration fee will be collected at contract execution (If applicable), including any subsequent amendments where funds are added. The loan amount may be modified to include an amount sufficient to cover the one-percent loan administration fee. In most cases, the fee will be collected in full at contract execution. Please review the terms and conditions of the Loan Contract and all attachments carefully for details. A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your registration in the System for Award Management at www.sam.gov. Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors, subcontractors, engineers, architects, consultants, and equipment vendors. The Exclusion Report can be accessed at www.sam.gov. Failure to provide this required certification may result in termination of your loan contract. After the Loan Contracts have been signed by the Department or its designee, one fully executed original will be returned to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred within the contract period of performance, and which have supporting documentation such as receipts or bills. We are looking forward to working with you over the course of this project. If you have any questions about this Loan Contract, please contact me. Sincerely, Rachel Paris DOH Contract Manager 206.236.4294 Rachel.Paris@DOH.WA.GOV Enclosures: ATTACHMENT I: SCOPE OF WORK (PROJECT) ATTACHMENT II: ATTORNEY'S CERTIFICATION ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Page 172 of 237 DWL29303-0 City of Pasco #2023-4226 Version History Date Revision(s) Version 05-15-2018 Original - developed via a team of the DWSRF Grant and Loan Unit Supervisor, the DOH Office of Drinking Water Finance Director, the DOH Office of Contracts and Procurement Technical and Policy Advisor, and DOH’s Financial Services Assistant Attorney General. 1 Washington State Department of Health DWSRF Municipal Loan Boilerplate May 2018 Page 173 of 237 DWL29303-0 City of Pasco #2023-4226 Page 1 of 32 DWSRF Loan Contract (Municipal) v1 1. CONTRACT FACE SHEET #2023-4226 Loan Number: DWL29303-0 Washington State Department of Health (DOH) Drinking Water State Revolving Fund (DWSRF) Municipal 1. Borrower 2. Borrower Doing Business As (optional) City of Pasco 525 North Third Ave Pasco, WA 99301 3. Borrower Type Construction Loan 4. Borrower’s Statutory Authority 5. Borrower Contract Manager Information 6. DOH Contract Manager Adam R. Lincoln 509-544-4131 lincolna@pasco-wa.gov Rachel Paris P.O. Box 47822 Olympia, WA 98504-7822 360.236.4294 rachel.paris@doh.wa.gov 7. Project Name West Pasco Treatment Plant Improvement Phase 3 and 4 8. Loan 9. Funding Source 10. Start Date 11. End Date Amount: $12,000,000.00 Loan Fee: 0.00 Interest Rate: 1.75% Federal: State: Other: DOE 10/01/2048 12. Federal Funding Agency Environmental Protection Agency Catalogue of Federal Assistance (CFDA) Number 66.468 13. Borrower Tax ID # 91-1983815 14. SWV # 000716400 15. Borrower UBI # 113000052 16. Borrower UEI # VJX8X4J5TL95 17. Contract Purpose DOH and the party identified above as Borrower, hereafter referred to as BORROWER, have entered into this contract to fund the project identified above that furthers the goals and objectives of the DOH DWSRF Program. The project will be done by the BORROWER as described in the scope of work and this contract. The rights and obligations of the parties are governed by this contract and the following documents incorporated by reference: General Terms and Conditions including Declarations; Attachment I: Scope of Work (Project); Attachment II Attorney's Certification; Attachment III: Federal and State Requirements; Attachment IV: Disadvantaged Business Enterprise Requirements; Attachment V: Certification Regarding Debarment, Suspension, and Other Responsibility Matters; Attachment VI: DWSRF Eligible Project Costs; and Attachment VII: Labor Standard Provisions for Subrecipients that are Governmental Entities. By the signature below, the parties acknowledge and accept the terms of this contract. FOR CONTRACTOR FOR DOH SIGNATURE AND DATE SIGNATURE and DATE NAME and TITLE NAME and TITLE APPROVED AS TO FORM ONLY Mark Calkins, AAG Signature on File Page 174 of 237 DWL29303-0 City of Pasco #2023-4226 Page 2 of 32 DWSRF Loan Contract (Municipal) v1 2. TABLE OF CONTENTS 1. CONTRACT FACE SHEET 2. TABLE OF CONTENTS 3. DECLARATIONS 3.1. BORROWER INFORMATION 3.2. PROJECT INFORMATION (PROJECT) 3.3. CONTRACT COMMUNICATION 3.4. LOAN INFORMATION 3.5. FUNDING INFORMATION 3.6. SPECIAL TERMS AND CONDITIONS 4. GENERAL TERMS AND CONDITIONS 4.1. AUTHORITY 4.2. FULL AGREEMENT 4.3. ORDER OF PRECEDENCE 4.4. LOAN AMOUNT 4.5. LOAN FEE 4.6. LOAN TERM 4.7. INTEREST RATE 4.8. LOAN FORGIVENESS 4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION 4.10. TIME OF PERFORMANCE 4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT 4.12. LOAN PAYMENTS 4.13. LOAN DEFAULT 4.14. LOAN SECURITY 4.15. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS AND WAIVERS 4.16. BUILD AMERICA, BUY AMERICA 4.17. ATTORNEY’S FEES 4.18. BONUS AND COMMISSION PAYMENTS NOT ALLOWED 4.19. COMPLIANCE 4.20. DISPUTES 4.21. ELIGIBLE PROJECT COSTS 4.22. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM 4.23. FINANCIAL AUDIT 4.24. GOVERNING LAW AND VENUE 4.25. HISTORICAL AND CULTURAL REQUIREMENTS 4.26. INDEMNIFICATION 4.27. INDUSTRIAL INSURANCE REQUIREMENTS Page 175 of 237 DWL29303-0 City of Pasco #2023-4226 Page 3 of 32 DWSRF Loan Contract (Municipal) v1 4.28. LITIGATION 4.29. NONDISCRIMINATION 4.30. PREVAILING WAGE 4.31. PROCUREMENT 4.32. PROHIBITION STATEMENT 4.33. PROJECT SIGNS 4.34. PUBLICITY 4.35. RATES AND RESERVES 4.36. RECAPTURE 4.37. RECORDKEEPING AND ACCESS TO RECORDS 4.38. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM) 4.39. SEVERABILITY 4.40. SUBCONTRACTING 4.41. SURVIVAL 4.42. TERMINATION FOR CAUSE 4.43. TERMINATION OR SUSPENSION FOR CONVENIENCE 4.44. TERMINATION PROCEDURES 4.45. WORK HOURS AND SAFETY STANDARDS ATTACHMENT I SCOPE OF WORK (PROJECT) ATTACHMENT II ATTORNEY’S CERTIFICATION ATTACHMENT III FEDERAL AND STATE REQUIREMENTS ATTACHMENT IV DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ATTACHMENT VI DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VII LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Page 176 of 237 DWL29303-0 City of Pasco #2023-4226 Page 4 of 32 DWSRF Loan Contract (Municipal) v1 3. DECLARATIONS 3.1 BORROWER INFORMATION Legal Name: City of Pasco Loan Number: DWL29303-0 Award Year: 2023 State Wide Vendor Number: SWV# 000716400 3.2. PROJECT INFORMATION Project Title: West Pasco Treatment Plant Improvement phase 3 and 4 Project Location (City or County): Franklin Project State: Washington Project Zip Code: 99301 Project Scope of Work (PROJECT): Attachment I, attached hereto and incorporated by reference 3.3 CONTRACT COMMUNICATION Communications regarding Contract performance is delegated by each party to its Contract Manager. Either party may change its Contract Manager by notice to the other party. Either party may identify on an as needed basis an alternate Contract Manager to serve during the stated temporary absence of its primary Contract Manager. Notices between the parties regarding Contract performance must be provided by written communication to the other party’s Contract Manager. Written communication includes email but not voice mail. Notices are presumed received by the other party’s Contract Manager upon evidence of delivery between the hours of 8:00 am to 5:00 pm except for state holidays and weekends. 3.4 LOAN INFORMATION Loan Amount: $12,000,000.00 Loan Fee (Included in loan amount if applicable): $0.00 Principal Loan Forgiveness: 48.5% Loan Term: 24 years Interest Rate: 1.75% Payment Month(s): October 1st Annually Earliest Date for Construction Reimbursement: 12 months prior to contract counter signed by DOH Time of Performance: 48 months from Contract start date (date of last signature) to project Completion date. Notice to Proceed: 18 months from Contract start date 3.5 FUNDING INFORMATION Total Funds from BORROWER: $0.00 Source(s) of Funds from Borrower, with assigned amounts per source: N/A Total State Funds: $12,000,000.00 Total Amount of Federal Award (as applicable): N/A Total Amount of Loan: $12,000,000.00 Federal Award Date: N/A Federal Award ID # (FAIN): N/A Amount of Federal Funds Obligated by this Action: N/A 3.6 SPECIAL TERMS AND CONDITIONS N/A Page 177 of 237 DWL29303-0 City of Pasco #2023-4226 Page 5 of 32 DWSRF Loan Contract (Municipal) v1 4. GENERAL TERMS AND CONDITIONS DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) 4.1. AUTHORITY Acting under the authority of Section 1452 of the Safe Drinking Water Act (SDWA) Section 130, RCW 39.34, RCW 43.70.040, and RCW 70.119A.170 the Washington State Department of Health (DOH) has awarded BORROWER a Drinking Water State Revolving Fund Loan (LOAN) for the project identified in the Declarations (PROJECT). Under this CONTRACT, BORROWER is a sub-recipient of funds provided by the United States Environmental Protection Agency (EPA), CFDA Number 66.468, Safe Drinking Water State Revolving Fund. In some CONTRACT attachments, DOH is referred to as “Lender” and BORROWER is referred to as “Contractor.” 4.2. FULL AGREEMENT This CONTRACT contains the full agreement of the parties. No other understandings, oral or otherwise, regarding the subject matter of this CONTRACT exists. 4.3. ORDER OF PRECEDENCE In the event of an inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: The order of precedence for terms and conditions under categories B and C is subject to the proviso that when a contract term or condition appears in more than one contract document, the more specific contract term or condition shall control if the different contract provisions cannot be harmonized. A. Applicable local, state, and federal statutes and regulations B. Contract amendments C. The Contract (in this order) Declarations and Special Terms and Conditions General Terms and Conditions Attachments I – VII 4.4. LOAN AMOUNT DOH, using funds from the Drinking Water Assistance Account, will loan BORROWER a sum not to exceed the amount shown as LOAN AMOUNT in the Declarations. The LOAN AMOUNT shall not exceed one hundred percent (100%) of the actual eligible PROJECT costs. 4.5. LOAN FEE If DOH assessed a LOAN FEE, it is shown in the Declarations as LOAN FEE and included in the total LOAN AMOUNT. The fee (if applicable) is one percent (1%) of the loan request and will not be reduced, regardless of the final LOAN AMOUNT at PROJECT completion. If the LOAN FEE applies and the total LOAN AMOUNT is increased by amendment, DOH will assess an additional LOAN FEE equal to one percent (1%) of the additional LOAN AMOUNT. LOAN FEES are non-refundable. 4.6. LOAN TERM Unless changed by an amendment, the LOAN TERM will not exceed the period of time shown in the Declarations. The repayment period for DOH subsidized loans is twenty-four (24) years from this CONTRACT’s start date. The repayment period for non-DOH subsidized loans is twenty (20) years from this CONTRACT’s start date. 4.7. INTEREST RATE The interest rate is stated in the Declarations. Interest is per annum on the outstanding principal balance and starts to accrue from the date DOH releases LOAN FUNDS to BORROWER. Page 178 of 237 DWL29303-0 City of Pasco #2023-4226 Page 6 of 32 DWSRF Loan Contract (Municipal) v1 4.8. LOAN FORGIVENESS If the LOAN qualifies for LOAN Forgiveness, the percent of the LOAN balance that DOH will forgive at PROJECT completion is stated in the Declarations. DOH calculates the amount forgiven when DOH approves the BORROWER’s Project Completion Report. The amount forgiven will be based on either the LOAN AMOUNT or BORROWER’s ELIGIBLE PROJECT COSTS, whichever is less, and accrued interest. 4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION DOH will release LOAN funds to BORROWER to reimburse BORROWER for eligible PROJECT costs. To request reimbursement, BORROWER must submit a signed and completed invoice using a form provided by DOH. The invoice must reference the PROJECT activity performed, and include supporting documentation such as bills, invoices, receipts, and documentation of compliance with CONTRACT requirements as requested by DOH. The invoice must signed by an official of BORROWER with authority to bind BORROWER. Invoices must also include a report of the progress made since the last invoice, and the PROJECT status to date. DOH will not release funds until the PROJECT status report and documentation are approved by DOH. Approval will not be unreasonably withheld or delayed. After approving the invoice, documentation, and PROJECT status report, DOH will release funds to BORROWER within thirty (30) days, if BORROWER is not in alleged or actual breach of CONTRACT. DOH will withhold ten percent (10%) of LOAN funds until DOH confirms that BORROWER has successfully completed all steps for PROJECT COMPLETION. The 10% holdback will be available to BORROWER as part of the last LOAN disbursement. 4.10. TIME OF PERFORMANCE BORROWER will begin the activities in the PROJECT within thirty (30) calendar days of the CONTRACT start date. BORROWER will issue a ‘Notice to Proceed’, after the formal award of a construction contract, within eighteen (18) months of the CONTRACT start date. BORROWER must reach PROJECT COMPLETION within the TIME OF PERFORMANCE. If there are extenuating circumstances, BORROWER may request, in writing, at least ninety (90) calendar days prior to the PROJECT COMPLETION that DOH extend the deadline for PROJECT COMPLETION. At its discretion, DOH may issue an extension. DOH’s decision is final and not subject to the dispute clause. If BORROWER does not meet the requirements of this section, it is a breach of CONTRACT, and DOH may terminate or suspend this CONTRACT. 4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT The PROJECT Completion Amendment determines the final LOAN AMOUNT and LOAN TERM. When activities in the PROJECT are complete, BORROWER will start the process for the PROJECT Completion Amendment by sending DOH the PROJECT Completion Report. In the PROJECT Completion Report., BORROWER will provide the following information to DOH: A. A statement of the actual dollar amount spent, from all fund sources, to complete the PROJECT. B. A statement that all ELIGIBLE PROJECT COSTS have been incurred. Costs are incurred when goods and services are received and/or contracted work is performed. C. Evidence showing BORROWER’S compliance with financial the audit requirements of this CONTRACT. D. An invoice for the remaining ELIGIBLE PROJECT COSTS. E. Documentation of BORROWER’s compliance with National Historic Preservation Act, 54 USC Subtitle III. 4.12. LOAN PAYMENTS BORROWER must begin repaying the LOAN no later than one (1) year after the CONTRACT start date. Payments are due on the first day of the month(s) shown as the PAYMENT MONTH(S) in the Declarations. Payments are Page 179 of 237 DWL29303-0 City of Pasco #2023-4226 Page 7 of 32 DWSRF Loan Contract (Municipal) v1 principal and interest accrued up to the PAYMENT MONTH(S). BORROWER can repay in full the LOAN balance, including fees and repayment of LOAN FUNDS for ineligible project costs (if any), at any time or make accelerated payments without penalty. The final payment must be on or before the end of the LOAN TERM. 4.13. LOAN DEFAULT DOH must receive BORROWER’S payment within thirty (30) calendar days of the due date. Late payments are delinquent and assessed a monthly penalty on the first (1st) day past the due date. The penalty is one percent (1%) of the late payment amount per month. Penalty and fees accrue interest at the rate stated as LOAN INTEREST in the Declarations. DOH may notify any other entity, creditors, or potential creditors of BORROWER’s delinquency. BORROWER is responsible for all attorney fees and costs incurred by DOH in any action taken to enforce its rights under this section, including in any alternative dispute resolution proceeding. 4.14. LOAN SECURITY LOAN Security is only required if identified in the Declarations. In its sole discretion and if allowed under the EPA regulations relevant to this Contract, DOH may subordinate its LOAN security to Borrower’s obligations under existing or future bonds and notes. Nothing in this section releases BORROWER from the obligation to make LOAN PAYMENTS when due, and to adjust rates, fees, or surcharges as necessary to meet its obligations under this CONTRACT. 4.15. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS Amendments, modifications, assignments, and waivers to any of the terms of this CONTRACT supersede, if applicable, those terms as found in the original CONTRACT, and are not binding unless they are in writing and signed by representatives authorized to bind each of the parties. Only the authorized representative or their designee has the express, implied, or apparent authority to alter, amend, assign, modify, or waive any terms of this CONTRACT. Neither this CONTRACT nor any claim arising under it may be transferred or assigned by BORROWER without DOH’s prior written consent. During the LOAN TERM, DOH must approve in advance, any change in ownership of the water system(s) improved with LOAN FUNDS. DOH may require the LOAN, including fees and ineligible project costs (if any), be paid in full as a condition of approval. Nothing in this CONTRACT may be waived unless approved by DOH in writing. No waiver of any default or breach is implied from any failure to take action upon such default or breach if the default of breach persists or repeats. Waiver of any default or breach is not a waiver of any subsequent default or breach. 4.16. BUILD AMERICA, BUY AMERICA None of the LOAN funds can be used for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding authority. DOH may waive this requirement if: A. Compliance would be inconsistent with the public interest; or B. The particular products are not produced in the United States in sufficient and reasonably available quantities and are not of a satisfactory quality; or C. Inclusion of products produced in the United States will increase the cost of the overall project by more than twenty-five (25) percent; and D. A waiver is approved by the Environmental Protection Agency (EPA). Page 180 of 237 DWL29303-0 City of Pasco #2023-4226 Page 8 of 32 DWSRF Loan Contract (Municipal) v1 BORROWER must submit the waiver request to DOH, which will submit it to EPA. The full text of the Build America, Buy America provision can be found under The Infrastructure Investment and Jobs Act ("IIJA"), Pub. L. No. 117-58, which includes the Build America, Buy America Act ("the Act"). Pub. L. No. 117-58, §§ 70901-52. 4.17. ATTORNEYS’ FEES Unless expressly stated under another section of the CONTRACT, each party agrees to bear its own attorneys’ fees and costs for litigation or other action brought to enforce the contract terms. 4.18. BONUS AND COMMISSION PAYMENTS NOT ALLOWED Funds provided under this CONTRACT cannot be used to pay any bonus or commission to gain approval of the loan application or any other approval under this CONTRACT. This section does not prohibit paying for bona fide technical consultants, managerial, or other such services, if payment is for ELIGIBLE PROJECT COSTS. 4.19. COMPLIANCE BORROWER will comply with all applicable federal, state and local laws, requirements, and ordinances for the design, implementation, and administration of the PROJECT and this CONTRACT, including but not limited to those stated in the CONTRACT attachments. BORROWER will provide DOH with documentation of compliance, if requested. In the event of BORROWER’s alleged or actual noncompliance with any part of this CONTRACT, DOH may suspend all or part of the CONTRACT, withhold payments, or prohibit BORROWER from incurring additional obligations of LOAN FUNDS during the investigation and pending corrective action by BORROWER, or a decision by DOH to terminate the CONTRACT. 4.20. DISPUTES Except as otherwise provided in this CONTRACT, when a dispute arises between the parties that cannot be solved by direct negotiation, either party may request a dispute hearing with the Director of the Office of Drinking Water (the Director), who may designate a neutral person to decide the dispute. The parties will be equally responsible for any reasonable costs and fees incurred by the neutral. The party requesting a dispute hearing must: A. Be in writing; B. State the disputed issues; C. State the relative positions of the parties; D. State BORROWER's name, address, and the CONTRACT number; E. Provide contact information for the requester’s representative , and, F. Be mailed to the other party’s (respondent’s) Contract Manager within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent must send a written answer within five (5) working days. In the alternative, the parties can agree to submit a mutual request to the Director, which should include each party’s response to the other party’s characterization of the dispute. The Director or designee will review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision on the dispute is non-binding and is not admissible in any succeeding judicial or quasi-judicial proceeding. This non-binding dispute process must precede any action in a judicial or quasi-judicial tribunal. Nothing in this CONTRACT limits the parties from using any mutually acceptable alternate dispute resolution (ADR) method in addition to or instead of the dispute hearing procedure outlined above. 4.21. ELIGIBLE PROJECT COSTS BORROWER will comply with Attachment VI: DWSRF Eligible Project Costs and is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Page 181 of 237 DWL29303-0 City of Pasco #2023-4226 Page 9 of 32 DWSRF Loan Contract (Municipal) v1 The purchase of any land necessary for the PROJECT must be included in the PROJECT and be documented with an appraisal or equivalent market evaluation, if approved by DOH, and a valid purchase and sale agreement. Construction expenses incurred after the date shown as earliest date for construction reimbursement in the Declarations are eligible for reimbursement. Requests for reimbursements for costs related to construction activities will not be accepted until BORROWER has met the following conditions: A. Completed the State Environmental Review Process (SEPA Review under RCW 43.21C); B. Complied with all provisions of the National Historic Preservation Act, 54 USC Subtitle III; C. Complied with Prevailing Wage requirements; D. Received approval from DOH of the project report and related construction documents for all applicable activities described in the PROJECT; and E. Complied with any other LOAN conditions required by DOH. BORROWER cannot use LOAN FUNDS for any expenses charged by BORROWER against any other contract, subcontract, or source of funds. If DOH reimburses BORROWER for costs that are later determined by DOH to be ineligible, BORROWER must repay these funds to DOH no later than when the BORROWER returns the PROJECT Completion Amendment to DOH. Prior to final completion, DOH may withhold payment for such costs as allowed under Section 4.36 RECAPTURE. Repayment is subject to interest retroactive to the date of the applicable disbursement by DOH. 4.22. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM BORROWER warrants that they have not and will not submit to DOH any information that is materially false, incorrect, or incomplete. Providing false, fictitious, or misleading information with respect to the receipt and disbursements of LOAN funds is a basis for criminal, civil, or administrative fines and/or penalties. DOH may also pursue applicable remedies for violations by BORROWER of this section. 4.23. FINANCIAL AUDIT DOH may require BORROWER to obtain an audit of this PROJECT conforming to Generally Accepted Accounting Principles (GAAP). BORROWER will maintain its records and accounts to facilitate the audit. BORROWER is responsible for correcting any audit findings. BORROWER is responsible for any audit findings incurred by its own organization and/or its subcontractors. DOH reserves the right to recover from BORROWER all disallowed costs and INELEGIBLE PROJECT COSTS resulting from the audit. The audit must include a report on compliance, including an opinion (or disclaimer of opinion) about whether the BORROWER is in compliance with laws, regulations and requirements of this CONTRACT that could have a direct and material effect on DOH. BORROWER must send a copy of any required audit per 2 CFR §200.512 to the DOH Contract Manager, no later than nine (9) months after the end of BORROWER’s fiscal year(s). BORROWER must send any audit corrective action plan for audit findings and a copy of the management letter, within three (3) months of the audit report. 4.24. GOVERNING LAW AND VENUE This CONTRACT shall be construed and interpreted according to the laws of the state of Washington, and the venue of any action brought under the CONTRACT will be in the Superior Court for Thurston County. 4.25. HISTORICAL AND CULTURAL REQUIREMENTS BORROWER will not conduct or authorize destructive PROJECT planning activities before completing the requirements of the National Historic Preservation Act, 54 USC Subtitle III. BORROWER will not begin construction activities, ground disturbance, or excavation of any sort, until BORROWER has complied with all requirements of the National Historic Preservation Act of 1966, as amended. If historical or cultural artifacts are discovered during the PROJECT, BORROWER will immediately stop construction and implement reasonable measures to protect the discovery site from further disturbance, take Page 182 of 237 DWL29303-0 City of Pasco #2023-4226 Page 10 of 32 DWSRF Loan Contract (Municipal) v1 reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe’s cultural staff or committee, Tribal Historical Preservation Officer (THPO), DOH Contract Manager, and the State's Historical Preservation Officer (SHPO) at the Washington State Department of Archaeology and Historic Preservation (DAHP). If human remains are uncovered, BORROWER will report the presence and location of the remains to the local coroner and law enforcement immediately, then contact the concerned tribe’s cultural staff or committee, DOH Contract Manager, and DAHP. BORROWER is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural sites and artifacts and will hold harmless the state of Washington and DOH in relation to any claim related to historical or cultural sites discovered, disturbed, or damaged as a result of BORROWER’S and BORROWER’s subcontractors activities. BORROWER will include the requirements of this section in all contracts for work or services related to the PROJECT. BORROWER will require that bid documents include an inadvertent discovery plan that meets the requirements of this section. 4.26. INDEMNIFICATION BORROWER agrees to defend, indemnify, and hold harmless DOH and the state of Washington for claims arising out of or incident to BORROWER’S or any BORROWER’S subcontractor’s performance or failure to perform the CONTRACT. BORROWER’S obligation to indemnify, defend, and hold harmless DOH and the state of Washington shall not be eliminated or reduced by any actual or alleged concurrent negligence of DOH or its agents, agencies, employees and officials. BORROWER’S obligation to indemnify, defend and hold harmless DOH and the state of Washington includes any claim by BORROWER’S agents, employees, officers, subcontractors or subcontractor employees. BORROWER waives immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 4.27. INDUSTRIAL INSURANCE COVERAGE BORROWER will comply with the applicable parts of Title 51 RCW, Industrial Insurance. If BORROWER fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as required by law, DOH may collect from BORROWER the full amount payable to the Industrial Insurance Accident Fund. DOH may deduct the amount owed by BORROWER to the accident fund from the amount payable to BORROWER by DOH under this CONTRACT, and transmit the deducted amount to the Washington State Department of Labor and Industries (L&I). 4.28. LITIGATION BORROWER warrants that there is no threatened or pending litigation, investigation, or legal action before any court, arbitrator, or administrative agency that, if adversely determined against BORROWER, would have a materially adverse effect on BORROWER’s ability to repay the LOAN. BORROWER agrees to promptly notify DOH if any above-referenced actions become known to BORROWER during the pendency of the Contract. 4.29. NONDISCRIMINATION BORROWER will not discriminate on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability in the performance of this CONTRACT. BORROWER will comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington’s Law Against Discrimination and 42 USC 12101 et seq., the Americans with Disabilities Act (ADA), and 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in US EPA Programs . Failure by BORROWER to carry out these requirements is a material breach of this CONTRACT. BORROWER is required to include these non-discriminatory provisions in any contract with a subcontractor. 4.30. PREVAILING WAGE BORROWER will assure that all contractors and subcontractors performing work funded through this CONTRACT comply with prevailing wage laws by paying the higher of state or federal prevailing wages. BORROWER is legally and financially responsible for compliance with the prevailing wage requirements. BORROWER should consult the Page 183 of 237 DWL29303-0 City of Pasco #2023-4226 Page 11 of 32 DWSRF Loan Contract (Municipal) v1 United States Department of Labor and Washington State Department of Labor and Industries websites to determine the federal and State prevailing wages that must be paid. 4.31. PROCUREMENT BORROWER will comply with all procurement requirements for subcontracting for the PROJECT and for obtaining PROJECT-related goods and services. BORROWER must maintain records to verify compliance with procurement requirements. BORROWER must ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the PROJECT will insert in full, in any contract, the labor standards provisions in Attachment VIII: Labor Standard Provisions for Subrecipients That Are Governmental Entities. 4.32. PROHIBITION STATEMENT Per Section 106 of the federal Trafficking Victims Protection Act, BORROWER `s contractors, subcontractors, engineers, vendors, and any other entity performing work funded by this CONTRACT must comply with and include the following terms and conditions in all contracts for work or services for the PROJECT. “All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the performance of this award or subawards under the award, or in any manner during the period of time that the award is in effect. This prohibition applies to you as the recipient, your employees, subrecipients under this award, and subrecipients’ employees.” 4.33. PROJECT SIGNS If BORROWER displays, during the TIME OF PERFORMANCE, any signs or markers identifying parties that are providing funds for the PROJECT, BORROWER must include the Washington State Department of Health Drinking Water State Revolving Fund and the Washington State Department of Health as participants in the PROJECT. 4.34. PUBLICITY BORROWER agrees to get prior written consent from DOH’s Contract Manager before publishing or using any advertising or publicity materials that include Washington State or DOH’s name, or includes language that may reasonably infer or imply a connection with either one. 4.35. RATES AND RESERVES BORROWER will maintain reserves at a minimum as required by the Water System Plan or Small Water System Management Plan. BORROWER will timely adopt rate increases and/or capital assessments for the system’s services to provide sufficient funds, along with other revenues of the system, to pay all operating expenses and debt repayments during the LOAN TERM. 4.36. RECAPTURE DOH reserves the right to recapture from BORROWER sufficient funds to compensate DOH for BORROWER’s noncompliance with any part of this CONTRACT, in addition to any other remedies available under the CONTRACT, at law, or in equity. DOH may withhold LOAN FUNDS from BORROWER to recapture such funds. 4.37. RECORDKEEPING AND ACCESS TO RECORDS DOH, its agents, and authorized officials of the state and federal governments will have full access and the right to examine, copy, excerpt, or transcribe, at no additional cost and at all reasonable times, any pertinent documents, papers, records, and books of BORROWER and of persons, firms, or organizations with which BORROWER may contract, involving transactions related to this CONTRACT. BORROWER agrees to keep complete records of its compliance with this CONTRACT for a period of six (6) years from the date that the debt to DOH is paid in full. This includes but is not limited to financial reports. If any litigation, claim or audit is started before the expiration of the six (6) year period, BORROWER must keep the records until all litigation, claims or audit findings involving the records have been resolved. These records retention requirements are in addition to the local government records retention schedules applicable to the BORROWER. Page 184 of 237 DWL29303-0 City of Pasco #2023-4226 Page 12 of 32 DWSRF Loan Contract (Municipal) v1 4.38. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM) BORROWER must comply with 48 CFR 52.204-7 to register with the System for Awards Management (SAM.gov). BORROWER is responsible for the accuracy and completeness of its data in the SAM database and any liability resulting from the Government or DOH reliance on inaccurate or incomplete data in it. BORROWER must remain registered in the SAM database. BORROWER should annually review its information in SAM to ensure it is accurate and complete. 4.39. SEVERABILITY If any part of this CONTRACT or part of any document incorporated by reference is found to be invalid, it will not affect the other parts of this CONTRACT that can be given effect without the invalid part. 4.40. SUBCONTRACTING Prior to awarding contracts and/or subcontracts, BORROWER must verify that the complete names of both the selected contractor and the owner or president are not in the Federal Excluded Parties List System for Ineligible Professionals and Debarred Contractors (www.SAM.gov). BORROWER must provide the DOH Contract Manager with a screen printout documenting that neither the firm, the owner or the president are excluded. BORROWER will ensure that every contract and subcontract awarded for the PROJECT after the CONTRACT start date will bind the parties to follow all applicable terms of this CONTRACT. BORROWER is responsible to DOH for noncompliance by its contractors and/or subcontractors. BORROWER’s contracts or subcontracts do not release or reduce the BORROWER’s liability to DOH for any breach in the performance of BORROWER’s duties. BORROWER’s contracts and subcontracts must include a term that the state of Washington and DOH are not liable for claims or damages arising from a contractor and/or subcontractor’s performance or lack thereof. 4.41. SURVIVAL The CONTRACT’s terms, conditions, and warranties that by its sense and context are intended to survive the completion of the performance, cancellation or termination of this CONTRACT, shall so survive. 4.42. TERMINATION FOR CAUSE If DOH concludes that BORROWER has failed to comply with the CONTRACT requirements or has otherwise breached one or more parts of the CONTRACT, DOH may, at its discretion, upon notice to BORROWER, terminate or suspend the CONTRACT and/or its attached agreements in whole or in part. The notice will be in writing and state the reason(s) for termination or suspension, and the effective date. The effective date will be determined by DOH. The notice will allow BORROWER at least thirty (30) business days to cure the breach, if curable. If the breach is not cured or cannot be cured within thirty (30) business days, the outstanding balance of the LOAN, with any interest accrued and other costs as authorized by the CONTRACT shall be due and payable to DOH. If DOH terminates this CONTRACT under this section, DOH is liable only for payment required under the terms of this CONTRACT for ELIGIBLE PROJECT COSTS incurred prior to the effective date of termination. At DOH’s discretion, the termination for cause may be deemed a termination for convenience if DOH determines that the default or failure to perform was outside BORROWER’s control, fault or negligence. The rights and remedies of DOH provided in this CONTRACT are not exclusive and are in addition to any other rights and remedies provided by law. Nothing in this section affects BORROWER’s obligations to immediately repay the unpaid balance of the LOAN as prescribed in the Washington Administrative Code (WAC) 246-296-150. 4.43. TERMINATION OR SUSPENSION FOR CONVENIENCE If funding or appropriation from state, federal, or other sources is withdrawn, reduced, or limited in any way during the TIME OF PERFORMANCE, DOH may: A. Delay or suspend releasing LOAN FUNDS until funding or appropriation are available to DOH; or B. Amend the CONTRACT to reflect the new funding limitations and conditions; or Page 185 of 237 DWL29303-0 City of Pasco #2023-4226 Page 13 of 32 DWSRF Loan Contract (Municipal) v1 C. Terminate the CONTRACT and/or its attached agreements, in whole or in part; or D. Suspend the CONTRACT and/or its attached agreements, in whole or in part. If DOH terminates the CONTRACT and/or its attached agreements in whole or in part, under this section, DOH will notify BORROWER’s representative in writing of the reason(s) for termination, and the effective date. The effective date will be determined by DOH. DOH may choose to suspend this CONTRACT and/or its attached agreements in whole or in part, if DOH determines that the funding insufficiency will likely be resolved in time for BORROWER to resume activities prior to the end of the TIME OF PERFORMANCE. DOH will notify BORROWER’s representative by facsimile or email of the reason(s) for suspension, and the effective date. DOH will determine the effective date. BORROWER must suspend performance on the effective date of the suspension. During the period of suspension each party must notify the other party’s representative of any conditions that may reasonably affect its ability to resume performance. During the suspension, when DOH determines that the funding insufficiency is resolved, DOH may notify BORROWER’s representative of the proposed date to resume performance. BORROWER must respond to DOH’s representative in writing, within five (5) business days of DOH sending notice, as to whether it can resume performance on that date or offer an alternative date to resume performance. If BORROWER cannot resume performance or the alternative date is not acceptable to DOH, the parties agree the CONTRACT will be deemed terminated for convenience, retroactive to the original date of suspension. If DOH terminates or suspends this CONTRACT, DOH is liable only for payment required under the terms of this CONTRACT for eligible project costs incurred prior to the effective date of suspension or termination. Nothing in this section shall affect Contractor’s obligations to repay the unpaid balance of the LOAN. Nothing in this section affects BORROWER’s obligation to repay the LOAN, including fees and other expenses as allowed by the CONTRACT. 4.44. TERMINATION PROCEDURES When BORROWER receives Notice of Termination or on the date a suspension is converted to a termination, except as otherwise directed by DOH, BORROWER will: A. Stop work under the CONTRACT on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the CONTRACT; C. If expressly requested by DOH, assign to DOH any or all of the rights, title, and interest of BORROWER under the orders and subcontracts so terminated, in which case DOH has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by BORROWER to settle such claims must have the prior written approval of DOH; and D. Preserve and transfer any materials, CONTRACT deliverables and/or DOH property in BORROWER’s possession as directed by DOH. Upon termination of this CONTRACT, DOH will pay BORROWER for amounts due under the CONTRACT prior to the date of termination unless such payment is precluded under any other provision of this CONTRACT. DOH may withhold any amount due as DOH reasonably determines is necessary to protect DOH against potential loss or liability resulting from the termination. DOH will pay any withheld amount to BORROWER if DOH later determines that loss or liability will not occur. 4.45. WORK HOURS AND SAFETY STANDARDS If this CONTRACT exceeds $100,000, BORROWER must comply with the applicable Contract Work Hours and Safety Standards Act (40 USC Chapter 37). These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Page 186 of 237 DWL29303-0 City of Pasco #2023-4226 Page 14 of 32 Attachment I: Scope of Work DWSRF Loan Contract (Municipal) ATTACHMENT I: SCOPE OF WORK (PROJECT) #2023-4226 DWSRF PROGRAM DWL29303-0 CONSTRUCTION LOAN CONTRACT INFORMATION CITY OF PASCO, WEST PASCO WTP IMPROVEMENTS PHASES 3 & 4 DWSRF Scope of Work Form: Scope of Work: Project to include: 1. Submit project report and construction drawings to Eastern Regional Office for review and approval. Submit approval letter. 2. Submit bid documents to Eastern Regional Office for review and approval. Submit approval letter. 3. Complete SEPA and submit determination and publication affidavit. 4. Install two strainers, two membrane racks, cyanotoxin treatment system, and backwash recovery system, and expand the residual recovery system to connect to the existing water system. 5. Add two 3 MGD pumps and one 6 MGD pump with piping, electrical, instrumentation, and control systems to connect to the existing water system. In addition to costs of construction, costs may include (but are not limited to): engineering, design, construction inspection, hydrogeologic assessment, permits, public involvement, preparation of bid documents, fees, taxes, legal, administrative and audit. Page 187 of 237 DWL29303-0 City of Pasco #2023-4226 Page 15 of 32 Attachment I: Scope of Work DWSRF Loan Contract (Municipal) APPLICATION #2023-4226, CITY OF PASCO, WEST PASCO WTP IMPROVEMENTS PHASES 3 & 4 Project Costs by Cost Category: COST CATEGORY CURRENT ESTIMATES Engineering Report (Preliminary Engineering) $150,000 Environmental Review $25,000 Historical Review/Cultural Review $15,000 Land/ROW Acquisition $0 Permits $50,000 Public Involvement/Information $10,000 Bid Documents (Design Engineering) $600,000 Construction: Estimated Cost. Provide details on following pages. $7,890,000 Contingency: (10% min, 20% max) $1,578,000 DOH Review/Approval Fees: $12,000 Sales or Use Taxes $1,100,000 Construction Engineering/Inspection $560,000 Insurance: $0 Audit: $10,000 Legal: $0 Service Meters (Purchase and Installation) $0 Other: $0 TOTAL ESTIMATED PROJECT COSTS (before Loan Fee) $12,000,000 DWSRF Loan Origination Fee (1%) $0 DWSRF Loan Award $12,000,000 Page 188 of 237 DWL29303-0 City of Pasco #2023-4226 Page 16 of 32 Attachment I: Scope of Work DWSRF Loan Contract (Municipal) APPLICATION #2023-4226, CITY OF PASCO, WEST PASCO WTP IMPROVEMENTS PHASES 3 & 4 Project Funding: TYPE OF FUNDING SOURCE CURRENT STATUS Grants and Other Non-Matching Funds Grant #1 $ Grant #2 $ Other Grants $ New Grants $ Total Grants and Other Non-Matching Funds a) $ Loans This Loan Request DWSRF loan DWL29303-0 $12,000,000 Other Loan #1 DWSRF loan DWL29708-0 $1,178,943 Other Loan #2 $ Other Loans $ New Loans $ Total Loans b) $13,178,943 Local Revenue Source #1 $ Source #2 $ Other Local Revenue $ New Local Revenue $ Total Local Revenue c) $ Other Funds Other Funds $ Other Funds $ Total Other Funds d) $ TOTAL PROJECT FUNDING e) $13,178,943 Page 189 of 237 DWL29303-0 City of Pasco #2023-4226 Page 17 of 32 Attachment I: Scope of Work DWSRF Loan Contract (Municipal) APPLICATION #2023-4226, CITY OF PASCO, WEST PASCO WTP IMPROVEMENTS PHASES 3 & 4 Engineer’s Certification: The term of this loan will be based on an engineer’s certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the jurisdiction prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated here: __ years. I, _______________________, licensed engineer, certify that the average expected useful life for the improvements described above is __ years. Signed: ____________________________ Name: ____________________________ Date: ____________________________ Telephone: ____________________________ Professional Engineer License Number: _____________ Page 190 of 237 DWL29303-0 City of Pasco #2023-4226 Page 18 of 32 Attachment I: Scope of Work DWSRF Loan Contract (Municipal) ATTACHMENT II: ATTORNEY’S CERTIFICATION DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) I, ________________________________________________, hereby certify: I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney of BORROWER identified in the Declarations of the Contract identified above; and I have also examined any and all documents and records, which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. BORROWER is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the state of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in its application. 2. BORROWER is empowered to accept the Drinking Water State Revolving Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above- described public facilities project or to enjoin BORROWER from repaying the Drinking Water State Revolving Fund loan extended by DOH with respect to such project. BORROWER is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to BORROWER. __________________________________ _____________________________ Signature of Attorney Date __________________________________ Name and BAR Number (WSBA No.) _______________________________________________________________________ Address Page 191 of 237 DWL29303-0 City of Pasco #2023-4226 Page 19 of 32 Attachment III: Federal and State Requirements DWSRF Loan Contract (Municipal) v1 ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS (NOT ALL INCLUSIVE) 1) Environmental and Cultural Authorities a) Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended b) Clean Air Act, Public Law 84-159 as amended c) Coastal Zone Management Act, Public Law 92-583 as amended d) Endangered Species Act, Public Law 93-205 as amended e) Environmental Justice, Executive Order 12898 f) Floodplain Management, Executive Order 11988 as amended by Executive Order 12148 g) Protection of Wetlands, Executive Order 11990 h) Farmland Protection Policy Act, Public Law 97-98 i) Fish and Wildlife Coordination Act, Public Law 85-624 as amended j) National Historic Preservation Act, 54 USC Subtitle III k) Safe Drinking Water Act, Public Law 93-523 as amended l) Wild and Scenic Rivers Act, Public Law 90-542 as amended m) Washington State Environmental Policy Act, Chapter 43.21C RCW n) Native American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and Washington Administrative Code (WAC) 25-48 regarding Archaeological Excavation and Removal Permits. Buy America Build America Requirements 2) DWSRF construction projects chosen for FFATA/Equivalency reporting must comply with the Buy America Build America provisions. Projects started prior to May 14, 2022, may be exempt. Visit the EPA website for more information on the BABA requirements and the waiver process at https://www.epa.gov/cwsrf/build-america-buy- america-baba 3) Economic and Miscellaneous Authorities a) Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive Order 12372 b) Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac with Respect to Federal Contracts, Grants, or Loans c) Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended d) Debarment and Suspension, Executive Order 12549 e) H.R. 3547, Consolidated Appropriations Act, 2014. 4) Social Policy Authorities a) Age Discrimination Act of 1975, Public Law 94-135 b) Title VI of the Civil Rights Act of 1964, Public Law 88-352 c) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the Clean Water Act) d) Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250) e) Equal Employment Opportunity, Executive Order 11246 f) Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean Water Act) g) Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100- 590 h) Chapter 49.60 RCW, Washington’s Law against Discrimination, and 42 USC 12101 et seq. the Americans with Disabilities Act (ADA). i) The Contract Work Hours and Safety Standards Act (40 USC 327-333)-Where applicable. j) The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 USC s. 2000ff et seq. 5) State Laws a) Chapter 36.70A RCW, Growth Management Act b) Chapter 39.80 RCW, Contracts for Architectural and Engineering Services c) Chapter 39.12 RCW, Washington State Public Works Act d) Chapter 43.20 RCW, State Department of Health of Health Page 192 of 237 DWL29303-0 City of Pasco #2023-4226 Page 20 of 32 Attachment III: Federal and State Requirements DWSRF Loan Contract (Municipal) v1 e) Chapter 43.70 RCW, Department of Health f) Chapter 43.155 RCW, Public Works Project g) Chapter 70.116 RCW, Public Water Systems Coordination Act of 1977 h) Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations i) Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances j) Chapter 246-290 WAC, Group A Public Water Systems k) Chapter 246-291 WAC, Group B Public Water Systems l) Chapter 246-292 WAC, Waterworks Operator Certification Regulations m) Chapter 246-293 WAC, Water Systems Coordination Act n) Chapter 246-294 WAC, Drinking Water Operating Permits o) Chapter 246-295 WAC, Satellite System Management Agencies p) Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program q) Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells r) Title 173 WAC, Department of Ecology Rules s) Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section Adopted by Reference) Page 193 of 237 DWL29303-0 City of Pasco #2023-4226 Page 21 of 32 Attachment IV: DBE Requirements DWSRF Loan Contract (Municipal) v1 ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS GENERAL COMPLIANCE, 40 CFR, Part 33 BORROWER must comply with the requirements of Environmental Protection Agency's Program for Utilization of Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CFR, Part 33. BORROWER will use the directory of certified firms available through the Washington State Office of Minority and Women’s Business Enterprises to meet the requirements. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D The following are exemptions from the fair share objective Requirements: • Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year. • Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B. o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular Area recipients. • Recipients of Technical Assistance Grants. The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office of Minority Women Business are stated below. Construction 10% MBE 6% WBE Supplies 8% MBE 4% WBE Equipment 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE BORROWER must accept the fair share objectives/goals stated above and purchase the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as WA Office of Minority Women Business goals. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, BORROWER will make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub- recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include: A. Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. B. 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. C. Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. D. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. E. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Health. F. If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in paragraphs A through E above. Page 194 of 237 DWL29303-0 City of Pasco #2023-4226 Page 22 of 32 Attachment IV: DBE Requirements DWSRF Loan Contract (Municipal) v1 MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 BORROWER is required to submit MBE/WBE participation reports to DOH, on a quarterly basis, beginning with the Federal fiscal year reporting period BORROWER receives the award and continuing until the project is completed. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 BORROWER agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BORROWER agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the PROJECT. These two (2) forms may be obtained from the EPA Office of Small Business Program’s website on the internet at http://www.epa.gov/osbp/grants.htm. BORROWER agrees to require all general contractors to complete and submit to BORROWER and Environmental Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting period BORROWER receives the award and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a Contractor’s MBE/WBE accomplishments. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) BORROWER is also required to create and maintain a bidders list if BORROWER of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. Section 33.501(b) of the rule is as follows: A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non- MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs. The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: (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; and (4) Entity’s status as a MBE/WBE 1 or non-MBE/WBE. The exemption found at § 33.501(c) is as follows: A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is limited to the paragraph (b) of this section bidders list requirements of this subpart. 1 Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office of Minority and Women’s Enterprises at 360-704-1181. Page 195 of 237 DWL29303-0 City of Pasco #2023-4226 Page 23 of 32 Attachment V: Certification Regarding Debarment DWSRF Loan Contract (Municipal) v1 ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS United States Environmental Protection Agency Washington, DC 20460 EPA Project Control Number The terms, “covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded”, as used in this attachment, are defined in the rules implementing Executive Order 12549, including 13 CFR § 400.109. You may contact DOH for help getting a copy of these regulations. BORROWER, defined as the primary participant and it principals, certifies by signing below that to the best of its knowledge and belief they: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three-year (3) period preceding this CONTRACT, been convicted of or had a civil judgment against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses described in this attachment; and, D. Have not within a three-year period (3) preceding the signing of this CONTRACT had one or more public transactions (federal, state, or local) terminated for cause or default. Prior to awarding contracts for the PROJECT, BORROWER must verify that neither the contractor’s business name(s) nor the names of its principals are in the Federal Excluded Parties List System for Ineligible Professionals and Debarred Contractors (www.SAM.gov). BORROWER must keep documentation in the PROJECT files and provide a copy to the DOH Contract Manager. BORROWER will include the language below without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: The lower tier contractor certifies, by signing this CONTRACT that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine or imprisonment for up to 5 years, or both. Typed or Printed Name & Title of Authorized Representative __________________________________________________________________ Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. Page 196 of 237 DWL29303-0 City of Pasco #2023-4226 Page 24 of 32 Attachment VI: DWSRF Eligible Project Costs DWSRF Loan Contract (Municipal) v1 ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS Must be directly attributable to the project. 1. The costs for complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 2. DWSRF loan fees. 3. The purchase of a portion of another system’s capacity, if it is the most cost effective solution (limited to publicly owned (municipal) systems). 4. Construction of reservoirs (clear wells) that are part of the treatment process and are collocated with the treatment facility. 5. Construction of distribution reservoirs (finished water). 6. Cost associated with restructuring or consolidation of existing water systems by publicly owned water systems. 7. Main extensions to connect to safe and reliable sources of drinking water. 8. Cost associated with collecting and preparing environmental assessment documents to obtain local permits. 9. Direct labor including related employee benefits: a. Salaries and wages (at actual or average rates) covering productive labor hours of employees of the borrower (excluding the administrative organization of the operating unit involved) for periods of time actively or incidentally engaged in pre-design engineering, design engineering, construction engineering, acquisition of rights of way, and the cleaning, sterilization or bacteriological testing of water system components prior to public use. The costs of services rendered by employees generally classified as administration/project management of the loan are considered a direct cost only when such employees are assigned the types of services described above and shall be limited to 3% or less of the project loan amount. b. Employee benefits relating to labor are considered a direct cost of construction projects. The following items may be included as employee benefits: • F.I.C.A. (Social Security) –employer’s share. • Retirement benefits. • Hospital, health, dental, and other welfare insurance. • Life insurance. • Industrial and medical insurance. • Vacation. • Holiday. • Sick leave. • Military leave and jury duty. Employee benefits must be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs must be based on the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations. c. Other than work identified in Number 9.a, no costs associated with labor performed by the borrower’s employees, including force account work, are eligible for financing assistance. 10. Contract engineering, planning, design, legal, and financial planning services. The Department of Health reserves the right to declare ineligible legal costs that are unreasonable and disproportionate to the project. 11. Contract construction work. 12. Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county-owned equipment, at the rental rates established by the local government’s “equipment rental and revolving fund” following the methods prescribed by the division of municipal corporations. However, such costs must be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities with a population of eight thousand or less not using this type of fund are allowed the same rates as used by the State Department of Transportation. 13. Direct materials and supplies. 14. Other direct costs incurred for materials or services acquired for a specific project are eligible costs and may include, but are not limited to such items as: a. Telephone charges. b. Reproduction and photogrammetry costs. c. Video and photography for project documentation. d. Computer usage. e. Printing and advertising. 15. Other project related costs include: • Competitive Bidding. • Audit. • Insurance. • Prevailing wages. • Attorney fees. • Environmental Review. • Archaeological Survey. Water system plan costs are not eligible for reimbursement. Small water system management program and plan amendments costs are eligible for reimbursement. Projects may be designed to accommodate reasonable growth. This is generally the 20-year projection included in the system’s water system plan or small water system management program. Page 197 of 237 DWL29303-0 City of Pasco #2023-4226 Page 25 of 32 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) Preamble With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to each state which in turn provides subgrants or loans to eligible entities within the state. Typically, the subrecipients are municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in Section I-5. Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients, the provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for compliance as described in Section II-5. I. Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) For Subrecipients That Are Governmental Entities: The following terms and conditions specify how recipients will assist EPA in meeting its Davis-Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of Health. If a State recipient needs guidance, they may obtain additional guidance from DOL’s web site at http://www.dol.gov/whd/. 1. Applicability of the Davis- Bacon (DB) prevailing wage requirements. Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c) (3) (iv). The subrecipient shall monitor www.wdol.gov on a weekly Page 198 of 237 DWL29303-0 City of Pasco #2023-4226 Page 26 of 32 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination. 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Borrower and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov. (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and Page 199 of 237 DWL29303-0 City of Pasco #2023-4226 Page 27 of 32 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing Page 200 of 237 DWL29303-0 City of Pasco #2023-4226 Page 28 of 32 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees-- (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually Page 201 of 237 DWL29303-0 City of Pasco #2023-4226 Page 29 of 32 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The Borrower must comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The Borrower and/or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. Page 202 of 237 DWL29303-0 City of Pasco #2023-4226 Page 30 of 32 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes will be resolved according to the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, Borrower certifies that neither it (nor he or she) nor any person or firm who has an interest in the Borrower’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the Page 203 of 237 DWL29303-0 City of Pasco #2023-4226 Page 31 of 32 Attachment VII: Labor Standards Provisions DWSRF Loan Contract (Municipal) v1 contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department of Health and to the appropriate DOL Wage and Hour District Office listed at https://www.dol.gov/whd/WHD_district_offices.pdf. Page 204 of 237 October 28, 2024 Pasco City Council Workshop Pa g e 2 0 5 o f 2 3 7 DWSRF Construction Loan Agreement – WPWTP Phase 3 and 4 October 28, 2024 Pasco City Council Pa g e 2 0 6 o f 2 3 7 Project Location 3 West Pasco WTP Chapel Hill Blvd Br o a d m o o r Bl v d Pa g e 2 0 7 o f 2 3 7 DWSRF Loan Agreement 4 DWL29303-0 Construction Loan – WPWTP Phase 3 and 4 TOTAL AWARD: $ 12,000,000.00 ❑24 -year loan term at 1.75% interest ❑Principal loan forgiveness of 48.5% of total award ❑Agreement scope includes Department of Health loan administration ❑Fully funded construction, including CM services and inspection Pa g e 2 0 8 o f 2 3 7 Financial Impact 5 ❑Over $7 million in interest savings compared to traditional revenue bond ❑Principal loan forgiveness of $5.8 million ❑Savings of estimated $150 thousand in loan issuance costs ❑Overall savings for the ratepayers of nearly $13 million Pa g e 2 0 9 o f 2 3 7 WPWTP Phase 3 and 4 Scope 6 ❑Raw water strainer and membrane filter system capacity upgrades ❑Expansion of chemical treatment and backwash residual solids systems ❑Service pumping system capacity upgrades Pa g e 2 1 0 o f 2 3 7 Questions?Pa g e 2 1 1 o f 2 3 7 AGENDA REPORT FOR: City Council October 22, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/28/24 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - Butterfield Water Treatment Plant Drinking Water State Revolving Fund Loan Application Approval (5 minutes) I. REFERENCE(S): Resolution Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The City is pursuing a construction loan the Drinking Water State Revolving Fund State Washington the program administered (DWSRF) through Department of Health (DOH). The DWSRF construction loans currently have a maximum award amount of up to $15,000,000 per jurisdiction per year. The loan has a 24-year term with an effective interest rate of 1.75% IV. HISTORY AND FACTS BRIEF: WTP) originally was (Butterfield Water Treatment Butterfield The Plant constructed in 1946 and produces approximately 75% of the City’s potable water supply that is critical for residential, commercial, industrial and fire suppression several has WTP undergone the Although use. Butterfield expansions and upgrades since its initial construction, most of the original core systems and components of the plant have been in operation for over 60 years. The Butterfield WTP Facility Plan (Plan) was completed in 2022 and evaluated a 20-year planning horizon. The development of the Plan involved a process which established performance goals for the plant, reviewed historical water quality evaluated issues, evaluated plant performance and condition, alternatives for water treatment technologies, and produced a Capital Page 212 of 237 Improvements Plan that included repair and replacement projects for the Butterfield WTP. The DWSRF Loan Program makes funds available to municipalities to repair, replace, or construct new water system infrastructure. Projects funded through this program are subject to both state and federal laws and regulations. Applications for the DWSRF Loan Program funds require authorization of the legislative body. Should the City be selected as a recipient for a DWSRF construction loan, the loan agreement will be subject to Council review and approval. V. DISCUSSION: Staff requests approval for submittal of a low-interest loan application to the Washington State Department of Health Drinking Water State Revolving Fund program for the Butterfield WTP Improvements project. Council action, in the form of a resolution, is sufficient to meet funding application requirements. Page 213 of 237 Resolution - DWSRF Loan Application Approval for Butterfield WTP - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE SUBMITTAL OF A DRINKING WATER STATE REVOLVING FUND (DWSRF) CONSTRUCTION LOAN APPLICATION FOR THE BUTTERFIELD WATER TREATMENT PLANT (WTP) IMPROVEMENTS PROJECT. WHEREAS, the Butterfield WTP, originally built in 1946, is nearing the end of its forecasted service life, and a phased replacement of the facility over the next 20 years is proposed; and WHEREAS, the City of Pasco (City) adopted the Butterfield WTP Facilities Plan, which defines a capital improvement strategy to address capacity, water quality, safety, and end-of-life deficiencies; and WHEREAS, to help fund these improvements, the City is requesting authorization to apply for a low-interest DWSRF construction loan with the Washington State Department of Health (DOH); and WHEREAS, the DWSRF Loan Program provides low-interest construction loans to fund municipal water system capital improvements that increase public health protection by ensuring safe and reliable drinking water infrastructure. This program is funded through the congressional Bipartisan Infrastructure Law (BIL) and subject to federal regulations; and WHEREAS, the DWSRF loan application process requires documentation of City Council approval of the submittal of a DWSRF loan application; and WHEREAS, as currently advertised, DWSRF construction loans have a maximum award amount of up to $15,000,000 per jurisdiction at a 1.75% interest rate; and WHEREAS, if the City is selected as a recipient for the DWSRF construction loan, the loan agreement will be subject to City Council review and approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco hereby authorizes the submittal of the construction loan application to the Washington State Department of Health DWSRF Loan Program for the Butterfield WTP Improvements Project. Be It Further Resolved, that this Resolution shall take effect immediately. Page 214 of 237 Resolution - DWSRF Loan Application Approval for Butterfield WTP - 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 215 of 237 October 28, 2024 Pasco City Council Workshop Pa g e 2 1 6 o f 2 3 7 Butterfield WTP DWSRF Loan Application Approval October 28, 2024 Pasco City Council Pa g e 2 1 7 o f 2 3 7 Butterfield WTP – Existing Facility and System 3 W. A St. Pa g e 2 1 8 o f 2 3 7 Butterfield WTP – Conceptual Buildout of Plant Improvements 4 W. A S t . W. A St. Pa g e 2 1 9 o f 2 3 7 DWSRF Construction Loan Application for Butterfield WTP 5 Amount: $ 15M per jurisdiction 24-year loan term at 1.75% interest Scope – Early Works Package Electrical Reliability Improvements River Intake Screens Replacement Raw Water Pump Station Upgrades Pa g e 2 2 0 o f 2 3 7 Questions?Pa g e 2 2 1 o f 2 3 7 AGENDA REPORT FOR: City Council October 22, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 10/28/24 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution - Change Order No. 6 for the East Urban Growth Area Expansion Sewer Local Improvement District No.152 Phase 4 Project (5 minutes) I. REFERENCE(S): Resolution PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Engineer’s Estimate $ 7,439,000.00 Original Construction Agreement $ 5,693,720.19 Previously Approved Change Order Nos. 1-5 $ 288,699.21 Change Order No. 6 $ 362,534.00 New Construction Agreement Total $ 6,344,953.40 The adopted budget for the project is sufficient to accommodate this change order. 2021-2022 Adopted Biennial Budget allocated to this project: $5M (Amount is for the whole LID) 2023-2024 Adopted Biennial Budget allocated to this project: $17.364M (Amount is for the whole LID) Total Adopted Budget $22.364M (Amount is for the whole LID) Page 222 of 237 IV. HISTORY AND FACTS BRIEF: On May 23, 2022, Council Approved Ordinance No. 4592 which formed Local Improvement District (LID) No. 152 ordering the sanitary sewer and lift station improvements within the Urban Growth Area (UGA) Expansion east of Road 68. To allow the project to move forward expeditiously into construction, the unified scope of work was broken into four phases, each of them packaged into a set of bid documents and treated as an individual construction contract.  Phase 1 installed six bore trench crossings with casings. Three were two railroad, the BNSF installed were crossings underneath installed underneath N. Glade Road, and one was installed underneath N. Railroad Avenue. This construction project totaled $3,178,063.39 and was accepted by Council via Resolution No. 4458.  Phase 2 installed gravity sewer main from the north end of the UGA east to N. Glade Road and south along N. Glade Road to the location of the future lift station. This construction project totaled $1,496,859.67 and was accepted by Council via Resolution No. 4434.  Phase 3 built a sewer lift station at the corner of N. Glade Road and Burns Road (extended). This project also installed a set of force mains to connect the new system to the existing gravity collection systems located along Foster Wells Road and Capital Avenue, and at Foster Wells Road and Industrial Way. This construction project has reached Substantial $3,755,604.36, is and of a total for Completion cost scheduled for discussion and project acceptance at the 11/12 and 11/18 Council meetings.  Phase 4 installed the remainder of the gravity sewer trunk mains serving the properties to the west of the lift station and N. Glade Road. This construction is and Completion has reached project Substantial scheduled for discussion and project acceptance at the 11/12 and 11/18 Council meetings. The construction contract for the East UGA Expansion Sewer LID No. 152 – Phase 4 project was awarded to Apollo, Inc. of Kennewick, WA on April 17, 2023, in the amount of $5,693,720.19 via Resolution No. 4337. There have been five Change Orders approved to-date for the Phase 4 project. Below is a summary of the previously approved Change Orders:  Change Order 1 – Multiple items addressed ($3,371.76): This change order accounted for three minor items: 1) Archeological staking as required by Department of Archaeology & Historic Preservation due to an artifact being found on nearby property; 2) Additional survey time required for manhole shifts; and 3) Labor & equipment costs to locate Page 223 of 237 and cross an unmarked water line.  Change Order 2 – Topsoil Stockpile Removal ($38,737.42): This change order was for the added time, labor, and equipment costs needed to remove the stockpiled topsoil placed on the path of the sewer line by a developer’s contractor.  Change Order 3 – Farm 2005 Grade Changes ($171,135.67): This change order addressed the added quantity of earthwork being moved due to the use of a wrong datum that was provided by a developer.  Change Order 4 – Sewer Alignment Shift around construction ($38,062.67): This change order consisted of the cost of material and labor needed to extend the path of the gravity sewer line around the construction limits of a contractor that arrived on-site prior to the Phase 4 project work.  Change Order 5 – Hydroseeding ($37,391.69): This change order added hydroseeding to the corners of a property that continued farming operations and was needed to return the land to existing conditions. V. DISCUSSION: The proposed Change Order No. 6 is the final change order for the Phase 4 project. The Change Order adds $362,534.00 to the project and brings the total construction contract to $6,344,953.40, well below the engineer's estimate of $7,439,000. The details of proposed Change Order No. 6 are shown below:  Update earthwork quantities of Bid Items 17 and 18 - added quantities to the items to reflect the description and intent of the required work. (Add: $433,890.77)  Reconciliation of Bid Item 14 to match final construction quantities - added one manhole to the project. (Add: $4,140.00)  Reconciliation of Bid Item 16 to match final construction quantities - item was not used during the duration of this contract. (Deduct: $68,850.00)  Reconciliation of Bid Item 19 to match final construction quantities - item was not used during the duration of this contract. (Deduct: $15,600.00)  Reconciliation of Bid Item 26 to match final construction quantities - item was only partially used during the duration of this contract. (Deduct: $20,675.35) City Staff recommends approval of Change Order No. 6 in the amount of $362,534.00 for the East UGA Expansion Sewer LID No. 152 Phase 4 Project. Page 224 of 237 Resolution – CO 6 to East UGA LID No. 152 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 6 WITH APOLLO, INC. FOR THE EAST URBAN GROWTH AREA EXPANSION SEWER LOCAL IMPROVEMENT DISTRICT NO. 152 PHASE 4 PROJECT. WHEREAS, the City of Pasco (City), and Apollo, Inc. entered into a Construction Contract on April 5, 2024, for the construction of the East Urban Growth Area (UGA) Expansion Sewer Local Improvement District (LID) No. 152 Phase 4 project; and WHEREAS, this project involves installation of gravity sewer lines through the East UGA, from Convention Dr. and Deseret Rd. to the east and south, to the Phase 3 lift station at North Glade Rd and Burns extended; and WHEREAS, previously approved Change Order Nos. 1 – 5 were under the authority provided by the Public Works Director and City Manager; and WHEREAS, Change Order No. 6 is for additional earthwork quantities that were utilized in the mass grading effort to allow for the use of continued farming, and the reconciliation of the remaining bid items; and WHEREAS, the $362,534.00 amount of Change Order No. 6 adds the cumulative sum of both fill and excavation to the respective unit bid costs of bid items 17 and 18, as well as reconciling four other bid items (14, 16, 19, and 26); 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 Change Order No. 6 with Apollo, Inc. 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 Change Order No. 6 between the City of Pasco and Apollo, 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 Change Order No. 6 on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Page 225 of 237 Resolution – CO 6 to East UGA LID No. 152 - 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 226 of 237 10/28/2024 Pasco City Council Workshop Pa g e 2 2 7 o f 2 3 7 East UGA LID: 152 Phase 4 Change Order No. 6 10/28/2024 Pasco City Council Pa g e 2 2 8 o f 2 3 7 East UGA Expansion Sewer LID 3 Pa g e 2 2 9 o f 2 3 7 •Provides sanitary sewer service to over 1,000 acres of development in north Pasco •Four-phase project with new gravity sewer, force main, and lift station •Bids opened between November 2022 and April 2023 •Project Costs LID Formation Ordinance (May 26, 2022) = $21,494,000 Initial Estimation of costs = $25,754,600 •Cost savings for LID include removal of Lift Station and Mass Grading •Initial estimated savings due to Mass Grading, Lift Station removal, and additional piping removal due to new route = $6,400,000 East UGA Expansion Sewer LID Project Overview 4 Pa g e 2 3 0 o f 2 3 7 Additional Excavation and Fill Work 5 Pa g e 2 3 1 o f 2 3 7 Change Order No. 6 6 Proposed change order will include: •Additional Excavation •Reconciliation of all other bid items to match final quantities. •Final cost of Change Order No. 6: $362,534.00 Pa g e 2 3 2 o f 2 3 7 East UGA Expansion Sewer LID Phase 4 Construction Costs 7 CONSTRUCTION COSTS $7,439,000.00Engineer’s Estimate $5,693,720.19Bid Award $288,699.21Change Orders 1-5 $362,534.00Change Order No. 6 $6,344,953.40New Total Agreement Pa g e 2 3 3 o f 2 3 7 East UGA Expansion Sewer LID Phase 4 8 Pa g e 2 3 4 o f 2 3 7 Pa g e 2 3 5 o f 2 3 7 Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure. City Council Goals QUALITY OF LIFE 2024-2025 Enhance the long-term viability, value, and service levels of services and programs. FINANCIAL SUSTAINABILITY Promote a highly functional multi-modal transportation system. COMMUNITY TRANSPORTATION NETWORK Implement targeted strategies to reduce crime through strategic investments in infrastructure, staffing, and equipment. COMMUNITY SAFETY Promote and encourage economic vitality. ECONOMIC VITALITY Identify opportunities to enhance City of Pasco identity, cohesion, and image. CITY IDENTITY Page 236 of 237 METAS DEL CONCEJO MUNICIPAL 2024-2025 Promover una alta calidad de vida a través de programas, servicios y inversion apropiada y reinversión en la comunidad infraestructura comunitaria. CALIDAD DE VIDA Promover viabilidad financiera a largo plazo, valor, y niveles de calidad de los servicios y programas. SOSTENIBIILIDAD FINANCIERA Promover un sistema de transporte multimodal altamente funcional. RED DE TRANSPORTE DE LA COMUNIDAD Implementar estrategias específicas para reducir la delincuencia por medios de inversiones estratégicas en infraestructura, personal y equipo. SEGURIDAD DE NUESTRA COMUNIDAD Promover y fomentar vitalidad económica. VITALIDAD ECONOMICA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen. IDENTIDAD COMUNITARIA Page 237 of 237