HomeMy WebLinkAbout2025.04.07 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, April 7, 2025
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 meeting.
To listen to the meeting via phone, call 1-332-249-0718 and use access
code 37 255 494#.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by
Councilmembers, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
5 - 20 (a) Approval of Meeting Minutes for March 17th, March 22nd, March
24th, and March 31st
To approve the minutes of the Pasco City Council Regular Meeting
held on March 17th, Special Meeting held on March 22nd, Regular
Workshop held on March 24th and Special Meeting held on March
31, 2025.
Page 1 of 182
21 - 22 (b) Bills and Communications - Approving Claims in the Total
Amount of $6,863,149.92
To approve claims in the total amount of $6,863,149.92
($4,764,861.26 in Check Nos. 270325 - 270769; $888,226.55 in
Electronic Transfer Nos. 849381 - 849423, 849457 - 849508, 849523
- 849616, 849619 - 849621, 849660 - 849666; $14,184.78 in Check
Nos. 54906 - 54912; $1,195,877.33 in Electronic Transfer Nos.
30222858 - 30223489).
23 - 69 (c) Resolution No. 4582 - Rivershore Sewer Interceptor Upsizing
Phase 1 Design Loan Acceptance
To approve Resolution No. 4582, approving and authorizing the
Interim City Manager to execute a Clean Water State Revolving Fund
(CWSRF) Loan Contract No. WQC-2025-Pasco-00012 with the
Washington State Department of Ecology for design of the
Rivershore Sewer Interceptor Upsizing - Phase 1 project.
70 - 133 (d) Resolution No. 4583 - Professional Services Agreement with
Consor North America, Inc. for Design Services for the Sylvester
Street Overpass Pedestrian/ Bicycle Access Project
To approve Resolution No. 4583, authorizing the Interim City
Manager to execute the Professional Services Agreement with
Consor North America, Inc. for the design of the Sylvester Street
Overpass Pedestrian/Bicycle Access Project.
134 - 145 (e) Resolution No. 4584 - Project Acceptance for the Well Capacity
Upgrades Project
To approve Resolution No. 4584, accepting work performed by
Carpenter Drilling, LLC under contract for the Irrigation Well
Rehabilitation and Repair Project.
146 - 156 (f) Resolution No. 4585 - Agreement with Burnham for Tax Credit
Proceeds Transfer
To approve Resolution No. 4585, relating to the City's Wastewater
Utility; authorizing the Interim City Manager to execute an agreement
exercising option with Burnham SEV Pasco LLC (Project Company)
and Burnham Pasco Holding LLC for Wastewater Treatment
Agreement (WTA) Tax Credit Proceeds Transfer.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. PUBLIC COMMENTS - The public may address Council on any items
unless it relates to a scheduled Public Hearing. This item is provided to
allow the opportunity to bring items to the attention of the City Council or to
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express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings. Lastly, when called
upon, please state your name and city or county residency into the
microphone before providing your comments.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
157 - 172 (a) Public Hearing & *Resolution No. 4586 - Surplus and Transfer of
City-Owned Personal Property to a Government Agency (5
minute staff presentation)
MOTION: I move to approve Resolution No. 4586, declaring certain
City-owned personal property as surplus, approving the method of
disposal; and further, authorize the Interim City Manager to transfer
the property to another government agency.
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
173 - 180 (a) *Resolution No. 4587 - Surplus and Sale through Consignment of
City Personal Property (5 minute staff presentation)
MOTION: I move to approve Resolution No. 4587, declaring City-
owned personal property as surplus, approving the method of
disposal; and further, authorize the Interim City Manager to sell the
property through consignment.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
(a) Discussion with Legal Counsel About Current or Potential
Litigation per RCW 42.30.110(1)(i) (8 minutes)
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14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
181 - 182 (b) Adopted Council Goals (Reference Only)
(c) 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.)
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AGENDA REPORT
FOR: City Council April 2, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 4/7/25
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for March 17th, March 22nd, March 24th,
and March 31st
I. ATTACHMENT(S):
3.17.2025, 3.22.2025, 3.24.2025, and 3.31.25 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on
March 17th, Special Meeting held on March 22nd, Regular Workshop held on
March 24th and Special Meeting held on March 31, 2025.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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MINUTES
City Council Regular Meeting
7:00 PM - Monday, March 17, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely:
Councilmembers absent: None
Staff present: Dave Zabell, Interim City Manager; Richa Sigdel, Deputy City
Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance
Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Craig Raymond,
Deputy Community & Economic Development Director; Jesse Rice, Parks &
Recreation Director; Ken Roske, Police Chief; Maria Serra, Public Works Director;
and Debby Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes for February 28th, March 3rd, March 7th and
March 10th
To approve the minutes of the Pasco City Council Special Meetings held February
28th and March 7th, Regular Meeting held on March 3rd and Regular Workshop
held on March 10, 2025.
Bills and Communications - Approving Claims in the Total Amount of
$3,743,876.74
To approve claims in the total amount of $3,743,876.74 ($1,159,010.99 in Check
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Nos. 270055 - 270324; $1,328,434.55 in Electronic Transfer Nos. 849424 -
849426,849430,849438 - 849441, 849450, 849454 - 849456; $15,958.95 in
Check Nos. 54899 - 54905; $1,239,931.14 in Electronic Transfer Nos. 30222213 -
30222857; $541.11 in Electronic Transfer Nos. 344 - 346).
Resolution No. 4575 - Change Order No. 3 for Wastewater Treatment Plant
Phase 2A Construction Contract with Apollo
To approve Resolution No. 4575, authorizing the City Manager to execute
Change Order No. 3 with Apollo, Inc. for the Wastewater Treatment Plant Phase
2A Improvements Project.
Resolution No. 4576 - Memorandum of Understanding between the Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco
To approve Resolution No. 4576, authorizing the Interim City Manager to execute
the Memorandum of Understanding between the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) and the City of Pasco for participation in the ATF
Violent Crimes Task Force.
Resolution No. 4577 - Memorandum of Understanding between the Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Pasco
for NIBIN Enforcement Support System (NESS)
To approve Resolution No. 4577, authorizing the Interim City Manager to execute
the Memorandum of Understanding between the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) and the City of Pasco for participation in the
National Ballistic Information Network (NIBIN) program.
Resolution No. 4578 - Memorandum of Understanding with the Washington
State Department of Commerce and the City of Pasco for participation in the
Domestic Violence High Risk Team (DVHRT)
To approve Resolution No. 4578, authorizing the Interim City Manager to execute
the Memorandum of Understanding with the Washington State Department of
Commerce and the City of Pasco for participation in the Domestic Violence High
Risk Team (DVHRT).
Resolution No. 4579 - Letter of Agreement Between the Geiger Institute and
the City of Pasco for Implementation of the Danger Assessment for Law
Enforcement (DA-LE) Model
To approve Resolution No. 4579, authorizing the Interim City Manager to execute
the Letter of Agreement between the the Geiger Institute and the City of Pasco for
implementation of the Danger Assessment for Law Enforcement (DA-LE) model.
Resolution No. 4580 - Service Agreement between Hanford Mission
Integration Solutions (HIMS) and the City of Pasco for use of the Emergency
Vehicle Operations Course
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To approve Resolution No. 4580, authorizing the Interim City Manager to execute
the the Service Agreement between Hanford Mission Integration Solutions (HIMS)
and the City of Pasco for use of the Emergency Vehicle Operations Course.
Approve Visit Tri-Cities Tourism Promotion Area Reserve Funding Request
and 2025 Work Plan
To approve the 2025 Special Project Expenditures for the Tourism Promotion
Area (TPA) in the amount of $549,500 to be allocated from the TPA Reserve
Balance.
-and-
To approve the Visit Tri-Cities 2025 Work Plan as presented.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve the Consent Agenda as read.
RESULT: Motion carried unanimously by Roll Call vote. 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
PROCLAMATIONS AND ACKNOWLEDGEMENTS
Pasco High School Dance Team Recognition
Mayor Serrano read and then presented letters of congratulations to the Pasco
High School Dance Team Members for their recent win at the National Hip Hop
Dance Competition.
PUBLIC COMMENTS
Thomas Granbois, Pasco resident and downtown business owner, expressed
appreciation for the Graffiti Abatement program and Park Ranger assigned to the
downtown area. He also provided Ms. Mahoney a list of her public records
requests, which was a response to a public records request he had submitted
asking for all of her public records requests and responses.
Mary Mahoney, Pasco resident, commented on the bald eagles, PPFD Aquatic
Facility, Pasco Capital Improvement Plan (CIP), and various Animal Control
topics.
Amber Wade, Pasco resident, commented on a water pressure issue at the
Sundance Mobile Home.
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REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Grimm reported on the Ben Franklin Transit Board meeting he recently
attended.
Mr. Harpster reported on the Pasco Chamber of Commerce meeting he attended
earlier in the day.
Mayor Pro Tem Milne reported on the Parks & Recreation Advisory Board
meeting he recently attended.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance No. 4764 - Columbia River Walk Apartments West Rezone from I-
1 to R-4 (Z 2024-009)
Mr. Raymond provided a brief report on the proposed rezone.
Mr. Ferguson announced that the proposed rezone was a quasi-judicial action
and he read the quasi-judicial procedure including how the Appearance of
Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of
questions associated with potential conflicts of interest to disclose such potential
conflicts or appearance of conflicts. With no response from the Councilmembers,
he asked if any members of the public were seeking to disqualify a member of
Council from participating in the proceedings. No one came forward.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt Ordinance No. 4764, amending the zoning classification of certain real
property located at 2326 W A Street, on the south side of W A Street at the
intersection of W A Street and S 23rd Avenue, in Pasco, Franklin County,
Washington, from I-1 Light Industrial to R-4 High-Density Residential and,
further, authorize publication by summary only.
RESULT: Motion carried unanimously. 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Resolution No. 4581 - Fourth Amended and Restated Interlocal Agreement
with Benton County Emergency Services (BCES)
Mr. Ferguson explained the updates in the proposed Interlocal Agreement that
were not in the copy presented to Council at their March 10th Workshop.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4581, authorizing the Interim City Manager to
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execute a Fourth Amended and Restated Interlocal Agreement for the Benton
County Emergency Services.
RESULT: Motion carried unanimously. 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Ordinance No. 4765 - Amending 3.35.220 & 3.65.150 and Creating 13.85.095
with Regards to Irrigation Utility Rates
Ms. Serra explained the two options for the proposed increases with the Irrigation
Water connection fee and the annual rates. She also commented on the reduction
of the fee for low-income households.
Mr. Harpster and Mayor Serrano commented on the two options and both
expressed a preference for Option B with a $1,000 connection fee and increased
percentage with annual fees for the next five years.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt (Option B reduced connection fee) Ordinance No. 4765, Amending
Pasco Municipal Code Sections 3.35.220 "Irrigation Water Utility Fee" and
Section 3.65.150 "Senior Discount" and creating Section 13.85.095
"Connection Fee" and, further, authorize publication by summary only.
RESULT: Motion carried. 6-1
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, Councilmember
Harpster, and Councilmember Perales
NAYS: Councilmember Barajas
NEW BUSINESS
Transportation Impact Fee Study - Fehr & Peers (15 minute staff presenation)
Ms. Sigdel introduced Kendra Breiland, Principal at Fehr & Peers, the
Transportation Impact Fee (TIF) study consultant.
Ms. Breiland provided an update on the status of the TIF study. Council
interjected questions during the presentation and Ms. Breiland responded with
answers.
Council provided the following feedback for a TIF calculation.
Ensure that the fees are reviewed every four to five years
Provide a draft of a districts rate fee structure
Provide more predictability for developers
Add Road 90 and Sandifur project to the TIP
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Needs to include process improvement
Suggestion to organize it by in-fill verses new growth instead of creating
districts
City Manager Recruitment
Ms. Matzen provided a brief report on the status of the City Manager recruitment.
She stated that three (3) agencies provided proposals for Council consideration.
The agencies included GMP Consultants (Greg Prothman); Prothman (Sonja
Prothman); and Tripepi Smith Talent Solutions (TSTS). She provided a
comparison of the three agencies.
Council agreed that there was no need to seek out other recruitment agencies
and there was no need to listen to presentations from the three as the materials
they provided were adequate. They discussed three agencies and their
preferences.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to use GMP consultants for the City Manager search.
RESULT: Motion carried unanimously. 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Request for Zoning Code Text Amendment
Mr. Zabell stated that the City of Pasco received a request for a zoning code text
amendment recently from a property owner. The owner desires to build a car
wash on that site and is requesting text amendment to reduce the 300-foot
distance requirement, contingent on providing noise suppression between the car
wash and residential districts next to his property. Mr. Zabell explained the
process for moving forward on a Zoning Code text amendment and sought
Council's direction on this request.
Council and Mr. Zabell discussed the request.
Mayor Serrano noted that he attended the meeting with staff and the property
owner and was in favor of conducting a public hearing on this request to
determine if it is a traffic issue or a noise pollution issue.
Mr. Harpster and Mr. Perales were also in favor of holding a public hearing on this
topic.
Mr. Ferguson stated that the zoning code text amendment is a legislative act and
not a quasi judicial act. He explained the open record hearing process for Council
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to decide if they wish to make a (blanket) legislative change to zoning code.
MISCELLANEOUS DISCUSSION
Mr. Zabell reminded Council that the Business Watch meeting scheduled at
HAPO on March 18th. He announced that Darcy Buckley accepted a new position
as a Finance Training and Compliance Lead and that the City will start recruiting
for a Finance Director very soon. Lastly, Mr. Zabell announced that Haley Miller
accepted the position of Community & Economic Development Director and will
start in a few weeks.
Mr. Grimm expressed appreciation on the Graffiti Abatement program. He also
announced that both Melissa Blasdel and Leo Perales had perfect meeting
attendance in 2024.
EXECUTIVE SESSION
Council adjourned into Executive Session at 8:38 PM for 7 minutes returning at
8:45 PM to consider site selection or acquisition of real estate purchase or lease if
likelihood that disclosure would increase price per RCW 42.30.110(1)(b) with the
City Manager, Deputy City Manager, and City Attorney.
Mayor Serrano called the meeting back to order at 8:45 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:45 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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MINUTES
City Council Special Meeting
12:00 AM - Saturday, March 22, 2025
ATTENDEES
Councilmembers present: Pete Serrano, Blanche Barajas, Melissa Blasdel,
Charles Grimm, and Leo Perales
Councilmembers absent: David Milne and Peter Harpster
PROCESS WATER REUSE FACILITY GRAND OPENING
A quorum of Councilmembers attended the grand opening and ribbon cutting
event for Pasco's new Process Water Reuse Facility.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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MINUTES
City Council Workshop Meeting
7:00 PM - Monday, March 24, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely:
Councilmembers absent: None
Staff present: Dave Zabell, Interim City Manager; Richa Sigdel, Deputy City
Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance
Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jesse Rice,
Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Public Works
Director; Scott Mihalik, Assistant City Attorney, and Debby Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Ms. Blasdel reported on the Pasco Public Facilities District Board and a Pasco
Police Business Watch meetings she recently attended.
Mayor Pro Tem Milne reported on the Nextdoor Wellness and Northwest Stem
Cell dual grand opening event.
Mr. Harpster reported on a Homebuilders Association he attends, as well as a Tri-
City Development Council (TRIDEC) Board and Hanford Communities Governing
Board meetings he recently attended.
Mr. Grimm reported on the Benton Franklin Council of Governments (BFCOG)
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Board meeting he recently attended.
Mayor Serrano reported on the City's Processed Water Reuse Facility (PWRF)
grand opening held the past Saturday. He also commented on a meeting he had
with former Washington State Senator and current Department of Commerce
Director Joe Nguyễn regarding investments in the Tri-Cities.
ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT
Introduction to 2026-2031 Transportation Improvement Program
Ms. Serra provided a brief presentation on the process and schedule for
developing and finalizing the 2026-2031 Transportation Improvement Program
(TIP).
Council expressed appreciation for providing an introduction of the 2026-2031 TIP
early on. Council asked for clarification on developing the TIP list and Ms. Serra
provided additional details.
Mayor Serrano called for public comments.
Steve Bauman, Franklin County resident, commented on an unofficial survey he
conducted related to the use or non-use of a bike path along Argent Road and
sidewalks along Oregon Avenue.
Introduction to Utility Capital Improvement Plan Update
Ms. Serra provided a brief presentation on the schedule and process for
developing the 2026-2031 Capital Improvement Program (CIP). She noted that
the TIP is incorporated within the CIP.
Mr. Harpster expressed appreciation for the presentation and timeline.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
2023 - 2024 Financial Review
Ms. Buckley provided the City's Biennial 2023-2024 Financial Summary and
Review.
Council asked about the reduction of the General Fund reserves and Ms. Buckley
and Ms. Sigdel explained the purpose of the reserve fund amounts.
Mr. Zabell suggested that Council may consider attending one of three small
group meetings where Council may to dig into the budget with staff.
Mayor Serrano called for public comments three (3) times and no one came
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forward to speak.
Resolution - Professional Services Agreement with Consor North America,
Inc. for Design Services for the Sylvester Street Overpass Pedestrian/
Bicycle Access Project (5 minute staff presentation)
Ms. Serra provided a brief overview of the Sylvester Street Overpass Pedestrian
and Bicycle access project and recommended Council approve Consor North
America to design the project.
Council and Ms. Serra briefly discussed the project.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
Resolution - Project Acceptance for the Well Capacity Upgrades Project
Ms. Serra provided a brief review of the Well Capacity Upgrades project and
recommended Council approve the acceptance of completion for this project.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
Resolution - Rivershore Sewer Interceptor Upsizing Phase 1 Design Loan
Acceptance
Ms. Serra provided a brief report on the proposed 20-year loan from the
Washington State Department of Ecology (ECY) for Phase I Design for the
Rivershore Sewer Interceptor Upsizing Project.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Zabell announced that staff and animals moved into the new Animal Shelter
facility, the Pasco Police Department Business meetings scheduled for March
25th and 27th. Lastly, he reported that Animal Control staff completed the
Washington State Criminal Justice Training Center Animal Control Officer
certifications recently.
Mr. Grimm suggested that a portion of the upcoming Council Retreat be
conducted on Monday, March 31st. He also commented on a ten-year fluoride
study and asked if the fluoride be removed from the City's potable water system.
Council and Mr. Zabell discussed when the fluoridation topic come back for
discussion and it was determined to have staff bring back near the end of the
year.
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Mr. Harpster supported meeting on March 31st. He stated that of the City's
budget and the Broadmoor Development Area were top on his topics of
discussion at the retreat.
Mayor Pro Tem Milne supported meeting on March 31st. He stated that the topic
of HAPO Center future should be discussion at the retreat.
Ms. Blasdel supported meeting on March 31st and wants to discuss the Levy Lid
Lift information and focusing public safety at the retreat.
Mr. Perales supported meeting on March 31st and requested that a list of topics
to be presented at the retreat and all Council confirm which are the top topics for
the discussion.
Mayor Serrano asked if staff would be ready to present some items on March 31st
and Mr. Zabell stated that the budget topic would not be ready; however, an
Executive Session to discuss real estate items would be ready and he would
check with staff to determine if any of the other topics mentioned earlier, may be
presented on Monday, March 31st.
Mayor Serrano preferred that the Council met once for the retreat, either on
March 31st or in mid-April.
Ms. Barajas opposed meeting on March 31st.
MOTION: Councilmember Harpster moved, seconded by Mayor Pro Tem Milne
to hold a City Council Workshop (special meeting) on March 31, 2025.
RESULT: Motion carried by Roll Call vote. 4-3
AYES: Mayor Pro Tem Milne, Councilmember Grimm,
Councilmember Harpster, and Councilmember Perales
NAYS: Mayor Serrano, Councilmember Barajas, and
Councilmember Blasdel
RECESS
Mayor Serrano called a five-minute recess at 8:33 PM.
EXECUTIVE SESSION
Council adjourned into Executive Session at 8:38 PM for 25 minutes returning at
9:03 PM to discuss with legal counsel regarding agency enforcement actions and
about current or potential litigation per RCW 42.30.110(1)(i) with the City
Manager, Deputy City Manager, Public Works Director, City Attorney and
Assistant City Attorney.
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At 9:03 PM Mayor Serrano announced that the Executive Session would continue
for another 10 minutes or until 9:13 PM.
Mayor Serrano called the meeting back to order at 9:13 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:13 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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MINUTES
City Council Special Meeting
7:00 PM - Monday, March 31, 2025
Pasco City Hall, Washington Conference Room & TEAMS Meeting
CALL TO ORDER
The meeting was called to order at 7:00 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely: None
Councilmembers absent: None
Staff present: Dave Zabell, Interim City Manager; Richa Sigdel, Deputy City
Manager; Angela Pashon, Assistant City Manager; and Scott Mihalik, Assistant
City Attorney (remote)
EXECUTIVE SESSION (120 MINUTES)
Council adjourned into Executive Session at 7:01 PM for 120 minutes returning at
8:30 PM to to consider site selection or acquisition of real estate purchase or
lease if likelihood that disclosure would increase price per RCW 42.30.110(1)(b)
and discussion with legal counsel about legal risks of current or proposed action
per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, and
Assistant City Attorney.
At 8:30 PM Mayor Serrano announced that the Executive Session would continue
for another 30 minutes or until 9:00 PM.
Mayor Serrano called the meeting back to order at 9:00 PM.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 9:00 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 2 of 2Page 20 of 182
AGENDA REPORT
FOR: City Council April 3, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 4/7/25
FROM: Griselda Garcia, Interim Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$6,863,149.92
I. ATTACHMENT(S):
Accounts Payable 03/13/2025 to 04/02/2025
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $6,863,149.92 ($4,764,861.26 in
Check Nos. 270325 - 270769; $888,226.55 in Electronic Transfer Nos. 849381
- 849423, 849457 - 849508, 849523 - 849616, 849619 - 849621, 849660 -
849666; $14,184.78 in Check Nos. 54906 - 54912; $1,195,877.33 in Electronic
Transfer Nos. 30222858 - 30223489).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
There are two categories of accounts receivable write-offs:
1. Direct write-offs are small in value or, in the case of Ambulance Fund,
reflect a reduction of fees related to a discount required by DSHS and
Medicare. These direct write-offs are not sent to collection.
2. Write-offs referred to collection and have been in arrears for a given number
of days and exceed minimum values that move them out of the direct write-off
category.
Please see the summary page attached to this agenda item for details.
V. DISCUSSION:
Page 21 of 182
REPORTING PERIOD:
April 7, 2025
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 270325 - 270769 54906 - 54912
Total Check Amount $4,764,861.26 $14,184.78 Total Checks 4,779,046.04$
Electronic Transfer Numbers 849381 - 849423 30222858 - 30223489
849457 - 849508
849523 - 849616
849619 - 849621
849660 - 849666
Total EFT Amount $888,226.55 $1,195,877.33 $0.00 Total EFTs 2,084,103.88$
Grand Total 6,863,149.92$
Councilmember B
100 1,007,683.06
110 78,178.63
130 8,093.00
140 2,909.63
142 25,691.28
145 4,321.09
150 111,712.89
160 520.96
165 2,295.00
168 66,962.78
170 878.07
180 1,795.14
185 49.95
188 35,591.00
189 97.41
190 1,274.06
194 3,412.21
195 3.64
196 HOTEL/ MOTEL EXCISE TAX 50,866.65
250 18.00
367 1,169,028.57
410 1,927,417.61
510 119,324.84
511 11,371.78
515 72,030.48
520 560,804.17
610 OLD FIRE PENSION BALANCE 1,750.00
619 1,750.00
630 15,320.86
690 1,581,997.16
GRAND TOTAL ALL FUNDS:6,863,149.92$
FLEX
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
MEDICAL/ DENTAL/ VISION INSURANCE
OLD FIRE OPEB
ECONOMIC DEVELOPMENT
STADIUM/ CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/ SEWER
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
CEMETERY
ATHLETIC PROGRAMS
ANIMAL CONTROL
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
Councilmember A
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed
as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such
Dave Zabell, Interim City Manager Griselda Garcia, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
7th day of April, 2025 that the merchandise or services hereinafter specified have been received and are approved for payment:
March 13 - April 2, 2025
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 22 of 182
AGENDA REPORT
FOR: City Council March 25, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 4/7/25
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution No. ____ - Rivershore Sewer Interceptor Upsizing Phase 1
Design Loan Acceptance
I. ATTACHMENT(S):
Resolution
Exhibit A – Ecology CWSRF Loan Agreement
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, approving and authorizing
the Interim City Manager to execute a Clean Water State Revolving Fund
(CWSRF) Loan Contract No. WQC-2025-Pasco-00012 with the Washington
State Department of Ecology for design of the Rivershore Sewer Interceptor
Upsizing - Phase 1 project.
III. FISCAL IMPACT:
The City was awarded a $1.28 million pre-construction loan to fund full design
and development of bid documents for the Rivershore Sewer Interceptor
Upsizing Phase 1 project.
The loan is administered by the Washington State Department of Ecology
(ECY) as part of their Clean Water State Revolving Fund (CWSRF) program.
The loan has a 20-year term with an effective interest rate of 1.2%.
IV. HISTORY AND FACTS BRIEF:
In 2022, the Washington State of Ecology (ECY) approved the City's
Comprehensive Sewer Plan (CSP) Addendum. As identified in the CSP, and
the City is experiencing, the City’s wastewater system demands are rapidly
growing. The 20-year analysis included in the plan identified capital needs due
Page 23 of 182
to limited conveyance capacity and aging infrastructure. The system relies on a
single Wastewater Treatment Plant.
The approved CSP Addendum identified a series of upsize projects along the
Rivershore interceptor, effectively necessitating its entire length to be upsized
within the next 20 years. An interceptor is a main that collects sewer from other
mains and conveys the sewer flow into a facility, in this case into a lift station
that discharges into the wastewater treatment plant. Three gravity sewer
interceptor were River the of Columbia the paralleling segments shore
identified as priority projects, to eliminate bottlenecks. These critical sewer
interceptor segments are partially located within a US Army Corps of Engineers
easement along the Columbia River and serve significant portions of the
service area. Although listed as three separate projects, CSP #17, CSP #20,
and CSP #21, in the 2025-2030 Capital Improvement Plan, these sections will
be combined and designed as one phased project.
In October of 2023, Resolution No. 4376 authorized staff to apply for an ECY
low-interest pre-construction loan through the CWSRF program. CWSRF loans
cover capital improvements aimed at maintaining compliance with state and
federal water quality source surface regulations to addition in improving
through wastewater system capacity upgrades to prevent sewage overflows in
the vicinity of surface waters such as the Columbia River.
The City's Rivershore Sewer Interceptor Upsizing Phase 1 project was selected
as a recipient for the CWSRF 20-year term pre-construction loan. The loan
from Ecology will fund design for replacing approximately 10,000 lineal feet of
existing 30- and 36-inch diameter gravity mains with 48- and 54-inch diameter
gravity for of development funding design loan includes The mains.
construction contract plans and specifications (bid documents), loan
administration and reporting, and any permitting and regulatory documentation
necessary to comply with federal loan administration requirements.
V. DISCUSSION:
This item was discussed at the March 24, 2025 Council Workshop meeting.
Staff recommends approval of the low-interest loan agreement from the
Department of Ecology Clean Water State Revolving Fund program for the
design of the Rivershore Sewer Interceptor Upsizing Phase 1 project.
Page 24 of 182
Resolution - CWSRF Design Loan Agreement - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CLEAN
WATER STATE REVOLVING FUND (CWSRF) LOAN CONTRACT NO.
WQC-2025-PASCO-00012 WITH WASHINGTON STATE DEPARTMENT OF
ECOLOGY FOR DESIGN OF THE RIVERSHORE SEWER INTERCEPTOR
UPSIZING – PHASE 1 PROJECT.
WHEREAS, the City of Pasco (City) has identified, through the adopted 2021
Comprehensive Sewer System Plan (CSP) Addendum, segments of existing sewer infrastructure
which require significant upsizing to keep up with projected population growth; and
WHEREAS, the Rivershore Sewer Interceptor Upsizing – Phase 1 Project was identified
in the 2021 CSP to upsize approximately 10,000 linear feet of critical sewer gravity mains located
within US Army Corp of Engineers easements along the Columbia River; and
WHEREAS, to help fund these improvements, the Council authorized staff to apply for a
CWSRF loan in the principal amount of up to $1,300,000 bearing interest at an interest rate of
1.2%; and
WHEREAS, the proposed awarded loan agreement includes a principal amount of
$1,277,000 and has a term of 20 years; 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 CWSRF
Design Loan Contract No. WQC-2025-Pasco-00012 with Washington State Department of
Ecology.
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 CWSRF
Loan Contract No. WQC-2025-Pasco-00012 between the City of Pasco and Washington State
Department of Ecology as attached hereto and incorporated herein as Exhibit A.
Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to execute and deliver CWSRF Loan Contract No.
WQC-2025-Pasco-00012 on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 25 of 182
Resolution - CWSRF Design Loan Agreement - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 26 of 182
Rivershore Sewer Interceptor Upsizing - Phase 1
Agreement No. WQC-2025-Pasco-00012
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF PASCO
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Pasco, hereinafter referred to as the “RECIPIENT,” to carry out with the provided
funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project improves water quality in the Columbia River through the design of wastewater collection facilities in the
City of Pasco. This project designs increased capacity of the sewer mains, to maintain capacity for the growing area and
prevent sewage overflows in the vicinity of the Columbia River.
Project Long Description:
This project improves water quality in the Columbia River through the design of wastewater collection facilities in the
City of Pasco. This project designs increased capacity of the sewer mains, to maintain capacity for the growing area and
prevent sewage overflows in the vicinity of the Columbia River.
The RECIPIENT’s Municipal Wastewater Treatment Plant is the singular facility for treatment and beneficial reuse of
the RECIPIENT's residential and commercial wastewater. This project includes the design for upsizing approximately
$1,277,000.00
$1,277,000.00
$1,277,000.00
$0.00
07/01/2024
12/31/2027
Wastewater Facility
Page 27 of 182
WQC-2025-Pasco-00012
Rivershore Sewer Interceptor Upsizing - Phase 1
City of Pasco
Page 2 of 36State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
10,000 linear feet (LF) of existing 30-inch and 36-inch diameter gravity mains with 54-inch diameter gravity mains. The
existing critical sewer interceptor is located within a US Army Corp of Engineer’s easements and is parallel to the
Columbia River. Due to the continuous growth of our community, the sewer interceptor's remaining capacity is
insufficient for projected demands. Upsizing of the infrastructure is needed due to population increases and future
buildout, which will result in in limited capacity within the wastewater collection & conveyance system leading to the
nearby wastewater pump station.
This project was identified in the RECIPIENT’s Ecology approved Comprehensive Sewer System Plan Addendum
(2021) and included in the Council approved 2022 Capital Improvement Plan, as CSP#14-23.
Overall Goal:
This project will protect water quality in the Columbia River through the design of necessary collection system
improvements to prevent raw sewage overflow in the vicinity of the Columbia River.
Template Version 12/10/2020 Page 28 of 182
WQC-2025-Pasco-00012
Rivershore Sewer Interceptor Upsizing - Phase 1
City of Pasco
Page 3 of 36State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
Mailing Address:
Contacts
Organization Email:
City of Pasco
91-6001264
PO Box 293
Pasco, WA 99301
webbk@pasco-wa.gov
Billing Contact
Authorized
Signatory
Project Manager
Maria Laura Serra
Public Works Director
525 N Third Ave
Pasco, Washington 99301
Email: serram@pasco-wa.gov
Phone: (509) 544-4125
Hollie Geiger
Public Works Financial Analyst
525 N Third Ave
Pasco, Washington 99301
Email: geigerh@pasco-wa.gov
Phone: (509) 543-5738
Brittany Whitfield
525 N Third Ave
Pasco, Washington 99301
Email: whitfieldb@pasco-wa.gov
Phone: (509) 543-5738
Template Version 12/10/2020 Page 29 of 182
WQC-2025-Pasco-00012
Rivershore Sewer Interceptor Upsizing - Phase 1
City of Pasco
Page 4 of 36State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
Contacts
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Project
Manager
Financial
Manager
Technical
Advisor
Charlotte Daskalopoulos
4601 N Monroe Street
Spokane, Washington 99205-1295
Email: CDAS461@ecy.wa.gov
Phone: (509) 863-2186
Tammie McClure
PO Box 47600
Olympia, Washington 98504-7600
Email: tmcc461@ecy.wa.gov
Phone: (360) 628-4315
Diana Washington
4601 N Monroe Street
Spokane, Washington 99205-1295
Email: DWAS461@ecy.wa.gov
Phone: (509) 329-3519
Template Version 12/10/2020 Page 30 of 182
WQC-2025-Pasco-00012
Rivershore Sewer Interceptor Upsizing - Phase 1
City of Pasco
Page 5 of 36State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SCOPE OF WORK
Task Number:1 Task Cost: $100,000.00
Task Title:Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include but are not limited to: Maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans)
recipient closeout report (including photos, if applicable). If the RECIPIENT elects to use a contractor to complete project
elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement .
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and
compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required
performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this
agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, and Recipient Closeout Report.
* Properly maintained project documentation.
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form)
Template Version 12/10/2020 Page 31 of 182
WQC-2025-Pasco-00012
Rivershore Sewer Interceptor Upsizing - Phase 1
City of Pasco
Page 6 of 36State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SCOPE OF WORK
Task Number:2 Task Cost: $1,177,000.00
Task Title:Design
Task Description:
A. The RECIPIENT will procure professional services in accordance with state law . The RECIPIENT will include
ECOLOGY’s State Revolving Fund Engineering Services Insert in the contract documents between the RECIPIENT and the
professional services team. The RECIPIENT must submit all professional services contracts before ECOLOGY will provide
reimbursement for work performed under this task.
B. The RECIPIENT will design the RECIPIENT’s gravity main collection system. Construction contract documents developed
by the RECIPIENT must be consistent with the requirements of Chapter 173-240 WAC. Elements of the design will include:
• Upsizing approximately 10,000 LF of existing 30-inch and 36-inch diameter gravity mains with 54-inch gravity mains.
C. The construction contract documents, will be approved by the RECIPIENT prior to submittal for ECOLOGY review .
Construction plans submitted to ECOLOGY for review and approval will be reduced to no larger than 11 " x 17" in size. Plans
should note if they are to scale or not. The project manager may request plans be submitted in either PDF or other electronic
format, and specifications in a searchable PDF or Microsoft Word electronic file . An updated construction cost estimate will
be submitted with each plan/specification submittal. The project manager may request a spreadsheet of the estimate in
electronic file format.
D. The RECIPIENT will conduct an Investment Grade Efficiency Audit (IGEA). The RECIPIENT will review their energy use
looking for cost-effective energy savings. In lieu of preparing a full IGEA, the Recipient may also provide a signed letter
memorandum indicating “no obtainable energy savings” if the project design , includes only minimal energy use or no new energy
use. A preliminary IGEA indicating “no obtainable energy savings” can also be used to satisfy this requirement . The recipient
may also submit documentation of an energy efficiency review conducted within the last five years .
E. The RECIPIENT will submit the minimum requirements as outlined in the Environmental Information Document (EID)
Guidance, Section A and in the State Environmental Review Process (SERP) EID at the time construction contract documents
are submitted to ECOLOGY for approval.
F. The RECIPIENT will provide an Ecology Cultural Resources Review form as part of the minimum SERP requirements . The
RECIPIENT will provide any additional information for ECOLOGY to lead the required cultural resources consultation . Costs
incurred for ground-disturbing activities that occur before cultural resources review will not be eligible for reimbursement.
G. The RECIPIENT will complete an Ecology inadvertent discovery plan template for their project .
H. The RECIPIENT will notify Ecology when deliverables are available and have been uploaded to EAGL .
I. All recipients of funding for water pollution control facility projects must comply with the SERP in accordance with WAC
173-98-720.
Template Version 12/10/2020 Page 32 of 182
WQC-2025-Pasco-00012
Rivershore Sewer Interceptor Upsizing - Phase 1
City of Pasco
Page 7 of 36State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
Task Goal Statement:
See overall goal.
Task Expected Outcome:
See overall goal.
Deliverables
Design
Number Description Due Date
2.1 Executed contracts for professional services and documentation of the
RECIPIENT’s process for procuring professional services.
2.2 Copies of the final construction contract documents.
2.3 Documentation of an energy efficiency review.
2.4 Complete SERP EID.
2.5 Complete Cultural Resources Form.
2.6 Complete Inadvertent Discovery Plan (IDP).
Template Version 12/10/2020 Page 33 of 182
WQC-2025-Pasco-00012
Rivershore Sewer Interceptor Upsizing - Phase 1
City of Pasco
Page 8 of 36State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
Title:
State
CWSRF-SFY25 (State)
Type:
Funding Source %:
Description:
100%
The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving
Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K).
Washington State administers the program under Chapter 173-98 WAC. The portion of
this project funded with this funding distribution comes from non-federal source and are
not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single
Audit Act (SAA). However, this project is subject to the federal requirements outlined in
Section 4 and 5 of agreement terms and conditions.
Fund: FD0727
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant?
Approved State Indirect Rate: 30%
0%
No
No
No
Effective Interest Rate: 1.2% Interest Rate: 0.9% Admin Charge: 0.3%
Terms:20 years
Project Start Date: 07/01/2024 Project Completion Date: 12/31/2027
Estimated Initiation of Operation date:
Loan Security:
Final Accrued Interest:
Final Loan Amount:
Repayment Schedule Number:
12/31/2027
Revenue Secure Lien Obligation of the Recipient
$
$
985
BUDGET
Funding Distribution EL250362
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SRF Loan (State)
07/01/2024 12/31/2027
Loan
Template Version 12/10/2020 Page 34 of 182
WQC-2025-Pasco-00012
Rivershore Sewer Interceptor Upsizing - Phase 1
City of Pasco
Page 9 of 36State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SRF Loan (State)Task Total
Grant and Loan Administration 100,000.00$
Design 1,177,000.00$
1,277,000.00$Total:
Template Version 12/10/2020 Page 35 of 182
WQC-2025-Pasco-00012
Rivershore Sewer Interceptor Upsizing - Phase 1
City of Pasco
Page 10 of 36State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%1,277,000.00 1,277,000.000.000.00SRF Loan (State)
Total $$0.00 1,277,000.00 $1,277,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
WQC-2024—Water Quality Program Special Terms and Conditions (Update June 2023)
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to
be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an
Administrative Charge Account.
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all
principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of
the loan to the last scheduled maturity of the loan divided by the number of those years.
“Accrued Interest” means the interest incurred as loan funds are disbursed.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and establishes a
domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14,
2022.
“Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater infrastructure.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the
project.
“Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a manufactured
product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives; or
non-permanent products) that is or consists primarily of, non-ferrous metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in fiber optic cables), (including optic glass), lumber, and
drywall.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water
quality problem as described in Chapter 173-98-730 WAC.
Template Version 12/10/2020 Page 36 of 182
WQC-2025-Pasco-00012
Rivershore Sewer Interceptor Upsizing - Phase 1
City of Pasco
Page 11 of 36State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
“Davis Bacon Prevailing Wage Act” means the federal law mandating on -site workers on public works projects be paid certain
wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction, alteration, and repair
projects.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and
money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount and the estimated schedule for completion of the project .
“Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA grant to
Ecology.
“Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive federal
funding and meet additional federal requirements.
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
such time as the loan is officially closed out and a final loan repayment schedule is issued .
“Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan
Amount and the initiation of operation or completion date, whichever comes first.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower .
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of
the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of
the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement
Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other
obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with
other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States
Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate for its
intended purpose. (For loans only)
“Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: lined or unlined
pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable.
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“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan .
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be
operated and maintained in good repair, working order, and condition including payments to other parties, but will not include
any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes .
“Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous metals such as
aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concreate; glass, including
optical fiber; and lumber.
“Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial melting state
through the application of coatings, occurred in the Untied States.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Prevailing Wage” means hourly wage, usual benefits, and overtime paid in the largest city in each county , to the majority of
workers, laborers, and mechanics performing the same work. The rate is established separately for each county.
“Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund
to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed and
is the last day eligible costs can be incurred. This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a
general obligation of the RECIPIENT.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a
RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project .
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution .
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the
date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim
or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established
by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be
eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for
ECOLOGY grant or loan funding.
“Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity doing
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business with or receiving funds from the federal government. This number replaces the DUNS number.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions
to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into
the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net
Revenue of which is pledged to pay and secure the loan.
SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL
ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on
ECOLOGY’s Water Quality Program website.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records)
in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards
Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in
Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .”
B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter
39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified
architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final
architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington ) shall
be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide
a copy of the recorded document to ECOLOGY.
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use
the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will
depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing
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the easement or lease.
d. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26
RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and /or
agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any
and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of,
hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the
length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case,
the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
agreement.
D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be
delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance
Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or
email PayeeRegistration@ofm.wa.gov.
F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved
construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All equipment
purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported
on the Equipment Purchase Report in EAGL.
G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding participation in this
project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other
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public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs.
Contact your Ecology Project Team to determine the appropriate recognition for your project .
H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this
change within 30 days.
I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the
project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.”
The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request .
J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
K. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or
water quality project outcomes and the status of long-term environmental results or goals from the project approximately three
years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to
request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as
part of this assessment.
L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial
Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project
administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes ,
ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures.
M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be
consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS
BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY :
1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program website and
must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only)
2. “Section 319 Initial Data Reporting” form must be completed in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall
provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow
usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo
or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager .
To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are
encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are
allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match
projects)
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement:
(Applies to Section 319 funded projects only)
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance
agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views
and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute
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endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
completed the form. This form is used to gather information on best management practices (BMPs) installed and associated
pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and
approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration
date. (For Section 319 funded projects only)
SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319,
State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL
GRANT (OSG)
A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface
Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the
federal agency implementing that Act.
B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT
must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after
receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using
the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/.
C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural
Resources Review Form, coordination with Ecology Cultural Resources staff , and receipt of the Ecology Final Determination
prior to any property acquisition and above and below ground disturbing activities.
D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering services
in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see
https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter 11&edition=prelim).
E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects only):
The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all federal
requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act
(“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited to, the following
requirements: that all the iron and steel, manufactured products, and construction materials used in the Project are to be
produced in the United States (“Build America, Buy America Requirements”) unless (i) the RECIPIENT has requested and
obtained a waiver from the cognizant Agency pertaining to the Project or the Project is otherwise covered by a general
applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the RECIPIENT in writing that the Build
America, Buy America Requirements are not applicable to the project .
RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities , including any
reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables,
information on costs and project progress. The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding ,
understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and state
entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default hereunder that
results in a repayment of the assistance agreement in advance of termination and/or repayment of assistance, and/or other
remedial actions.
EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section
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70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning
prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of non-domestic
manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic
manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings
provision for existing statutory requirements that meet or exceed BABA requirements . The statutory American Iron and Steel
(AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has
previously applied to SRF projects and will continue to do so as part of BABA requirements .
Where manufactured products used in the project are required to be produced in the United States, manufactured product shall
mean manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced,
or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,
unless another standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation. The manufactured products included cover the majority of potential water
infrastructure products, including complex products made up of a variety of material types and components. For water
infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors, blowers,
aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment equipment,
dewatering equipment, actuators, and many other mechanical and electrical items.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall include
placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these
firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin, or sex in the
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performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the
Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101
et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The
Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this
agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable
accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered
through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems
or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished
function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities,
including those who use assistive technology.
H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions, or training
seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel
Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at
http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act.
Pursuant to 15 USC 2225a.
J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors
shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar
in the locality as determined by the Secretary of Labor.
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The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated
into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language
regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records
sufficient to document compliance with the Davis-Bacon Act and make such records available for review upon request . Wage
determinations and instructions for their use can be found at https://sam.gov/.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request .
Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act prevailing wage requirements the more
stringent requirement shall govern. Washington State prevailing wage rates can be found at
https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/
K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The
RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this
provision.
L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public in the
System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their UEI Number
under their organization’s information in EAGL . The UEI number must be entered into EAGL before a funding agreement is
signed.
SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY :
1. Financial Capability Assessment Documentation (upon request)
2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and uploaded to the
General Uploads form in EAGL.
3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL.
4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF Equivalency
projects – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL.
5. CWSRF Federal Reporting Information form – Must be completed in EAGL.
6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes construction of a
wastewater or stormwater facility construction) – Must be completed in EAGL.
7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must be
completed in EAGL.
8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must be
uploaded to the Environmental and Cultural Review form in EAGL.
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the
design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which
would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or which
would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This loan
provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the
Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used
in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron
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or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps
and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request
waiver from this requirement from the Administrator of the Environmental Protection Agency . The RECIPIENT must coordinate
all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project
were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of
RECIPIENT’S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the
RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall
submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be
signed by ECOLOGY.
D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project
RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds . This includes all the
requirements in Section 4 and this Section.
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to enhance
public awareness of EPA assistance agreements nationwide . Signage guidance can be found at:
https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility-
project-resources.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the
buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried
by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or
enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID
Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured
loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless
terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest
to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest
based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a
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365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that
each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over the
term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below
and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and
unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment
of the loan from ECOLOGY, the RECIPIENT agrees to comply with all the covenants , agreements, and attachments contained
herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a
vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT .
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any
Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a
lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it .
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon their
receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall
incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan .
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and
interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation
date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies ,
the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager .
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment
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to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment
is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement .
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement
remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent
per month on the past due amount starting on the date the debt becomes past due and until it is paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on
defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any
prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the
Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT
shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office .
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations
pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount
of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation
Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer
system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT
in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of
and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy
and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the
loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID Assessments
in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT”
to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors
shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar
in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
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bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated
into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language
regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records
sufficient to document compliance with the Davis-Bacon Act and make such records available for review upon request .
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request .
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following
verification statement in the “General Comments” text box of each progress report.
“We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc.
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33
- The American Iron and Steel Act (Buy American)
- The Build America Buy America Act (BABA) (equivalency projects only)”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the
RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform all
of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and
warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the
financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan ,
have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in
writing to ECOLOGY by the RECIPIENT in its request for payment.
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable,
inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to
the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than
three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net
amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of
cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion
of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
4. Expressed written agreement by the ECOLOGY.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
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R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT
shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to
ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this
loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it
by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the
RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination
Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when applicable, the date
by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment
Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all
accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest
on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the
Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding.
Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state
funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the
loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property .
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings,
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maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of ECOLOGY,
become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any
obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the
prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all the termination or default remedies provided in this agreement ,
the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of
Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose
of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined .
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides
adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
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6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $30,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in
www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf> , section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
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services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the Agreement , providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered ,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
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b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as
appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
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other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
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decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
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16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
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ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines .
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22. RECORDS, AUDITS, AND INSPECTIONS
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RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments .
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If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020 Page 62 of 182
April 7, 2025
Pasco City Council
Regular Meeting
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CWSRF Design Loan
Agreement –
Rivershore Sewer Interceptor
Upsizing Phase 1
April 7, 2025
Pasco City Council
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Sanitary Sewer Collection System
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Rivershore Sewer Interceptor -
Complete Piping Alignment
9th and Washington Lift
Station
Wastewater
Treatment Plant
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Project Location
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Rivershore Sewer
Interceptor Phase 1
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Ecology CWSRF Loan Agreement
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WQC-2025-Pasco-00012 Pre-Construction Loan
TOTAL AWARD: $ 1,277,000.00
❑Includes 20-year loan term at 1.2% interest.
❑Agreement scope includes Department of Ecology loan
administration.
❑Fully funded pre-construction tasks, including design,
permitting, and development of construction plans and
specifications for Ecology review and approval.
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Rivershore Sewer Interceptor – Phase 1
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❑Scope involves upsizing
approximately 10,000 feet of
existing 30-inch and 36-inch
gravity sewer mains to at
least 48-inch diameter pipe.
❑Upsizing to 54-inch sewer
mains dependent upon
private development in West
Riverview service areas.
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AGENDA REPORT
FOR: City Council March 31, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 4/7/25
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Resolution No. ____ - Professional Services Agreement with Consor
North Sylvester America, Inc. for Design Services for the Street
Overpass Pedestrian/ Bicycle Access Project
I. ATTACHMENT(S):
Resolution
Exhibit A - Professional Services Agreement (PSA)
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, authorizing the Interim City
Manager to execute the Professional Services Agreement with Consor North
America, Overpass Street the of Sylvester the for Inc. design
Pedestrian/Bicycle Access Project.
III. FISCAL IMPACT:
Proposed Professional Services Agreement (PSA): $364,568
Funding:
The project is funded by grants from both the 2023-25 Connecting Communities
Pilot Program (CCPP) otherwise known as the Sandy Williams Connecting
Communities Program and the 2023-25 Pedestrian & Bicycle Safety Program.
2023-25 Connecting Communities Pilot Program (State): $ 373,000
2023-25 Pedestrian & Bicycle Safety Program (State): $ 3,357,000
Local Funds - Arterial $ 80,000
TOTAL FUNDING $ 3,810,000
Page 70 of 182
IV. HISTORY AND FACTS BRIEF:
Sylvester Street is an east-west minor arterial that connects residential areas to
downtown Pasco. The City's 2020 Local Road Safety Plan identified Sylvester
Street as a major corridor in need of safety mitigation measures due to vehicle
crash rates. Since that time the City has implemented major improvements
throughout the corridor to address issue identified in the aforementioned plan.
The remaining deficient segment being the SR-395 overpass.
This project completes the pedestrian & bicycle connection started in the
Sylvester Street Safety Improvement project between N 28th Ave to Road 32.
The Sylvester Street Overpass Pedestrian/Bicycle Access project will create a
dedicated overpass for pedestrians and cyclists, featuring a sidewalk with a
curb, ADA curb ramps, and a shared-use path/trail. This project will facilitate
the safe crossing of non-vehicular traffic across Highway 395 on Sylvester
Street. The current bridge deck is too narrow to provide adequate clearance for
pedestrians and cyclists, making this improvement essential for safety and
accessibility.
These measures reflect Council's vision as adopted in Ordinance No. 4389
Complete Streets policy and are key to increasing safety to all modes of
transportation along this corridor.
The scope of work associated with this Professional Services Agreement
(PSA) covers 30% design only. Per WSDOT requirements, a bridge alternative
analysis must be completed before progressing past 30% design.
V. DISCUSSION:
This item was discussed during the March 24, 2025, Council Workshop.
The City issued a Request for Qualifications for design services for this project.
Four (4) Statement of Qualifications (SOQs) were received and scored by a
selection committee. The committee found Consor North America, Inc. to be
the highest qualified consultant, along with its subconsultants, to provide
services for this project, scope and fee negotiations followed, resulting in the
proposed professional services agreement.
Staff recommends approval of the Professional Services Agreement with
Consor North America, Inc. for 30% design and other pre-construction activities
of the Sylvester Street Overpass Pedestrian/Bicycle Access Project in the
amount of $364,568.00.
Page 71 of 182
Resolution - PSA with Consor North America, Inc
Sylvester Street Overpass Pedestrian/Bicycle Access Project – Design Services - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE
PROFESSIONAL SERVICES AGREEMENT WITH CONSOR NORTH
AMERICA, INC. FOR THE SYLVESTER STREET OVERPASS
PEDESTRIAN/BICYCLE ACCESS PROJECT.
WHEREAS, the City of Pasco, Washington (City), requires professional services from an
engineering firm for the purpose of professional engineering services for design services for the
Sylvester Street Overpass Pedestrian/Bicycle Access Project that will install a pedestrian/bicyclist
overpass, sidewalk (6-foot +) with curb, ADA curb ramps, shared-use path/trail, bridge (part of
shared-use path); and
WHEREAS, the City published an announcement of its Request for Qualification (RFQ)
related to its need for professional services for the Sylvester Street Overpass Pedestrian/Bicycle
Access Project as required by RCW 39.80.030; and
WHEREAS, the City reviewed and scored four (4) responses that were received,
interviewed the four (4) consultants, and determined Consor North America, Inc. to be the most
highly qualified pursuant to RCW 39.80.040; and
WHEREAS, the City, pursuant to RCW 39.80.050(1), has negotiated a fair and reasonable
agreement with Consor North America, Inc. based on the estimated values of the services including
their scope, complexity, and professional nature; and
WHEREAS, the City hereby finds that Consor North America, Inc. is the most highly
qualified firm to perform the necessary design services for the Sylvester Street Overpass
Pedestrian/Bicycle Access Project, and the negotiated contract is both fair and reasonable, for an
amount not to exceed $364,568.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Interim City Manager for the City of Pasco is hereby authorized to execute the
WSDOT Local Agency A&E Professional Services Agreement with Consor North America, Inc.
a copy of which is attached hereto, and incorporate herein by reference as Exhibit A; and to make
minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 72 of 182
Resolution - PSA with Consor North America, Inc
Sylvester Street Overpass Pedestrian/Bicycle Access Project – Design Services - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 73 of 182
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN or SSN Number
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Total Amount Authorized:
Management Reserve Fund:
Maximum Amount Payable:
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures Agreement Number:
Page 1 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 74 of 182
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the ,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III.General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Page 2 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
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Page 75 of 182
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime)
involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information
shall identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C –
Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: Name:
Agency: Agency:
Address: Address:
City: State: Zip: City: State: Zip:
Email: Email:
Phone: Phone:
Facsimile: Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Agreement Number:
Page 3 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant
Agreement Revised 02/01/2021
Page 76 of 182
V.Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
“D” and “E” and by this reference made part of this AGREEMENT.
A.Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1.Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2.Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D” and
“E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and
all A&E sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s
fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.)
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY’s Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.Agreement Number:
Page 4 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 77 of 182
4.Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in attached Exhibits “D”
and “E” of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled “Termination of Agreement.”
5.Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
“Extra Work.”
6.Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number:
Page 5 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 78 of 182
D.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT’s Internal Audit Office and/or at the request of the AGENCY’s Project Manager.
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Agreement Number:
Page 6 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 79 of 182
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII.Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
•Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324)• 23 CFR Part 200
•Rehabilitation Act of 1973 49 CFR Part 21(29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26•Age Discrimination Act of 1975 •RCW 49.60.180(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F”
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in
every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10)days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to
perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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XII.Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees,
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or
the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY’s, their agents’, officers’ and employees’ failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional
liability to third parties be limited in any way.
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The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit
“G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s
over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General
Requirements” prior to its performance of any SERVICES under this AGREEMENT.
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XVII.Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII.Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver’s license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence
and not to make use of the State’s Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential
Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State’s Confidential Information was received; who received, maintained and used the State’s Confidential
Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
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Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii)is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
“documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents”
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
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tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
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Exhibit A
Scope of Work
Project No.
Agreement Number:
Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Page 88 of 182
CITY OF PASCO, WASHINGTON
Scope of Work – Phase I
Sylvester Street Overpass Pedestrian/Bicycle Access (City Project No. 23 577)
City of Pasco
INTRODUCTION
Consor North America, Inc. (Consor) and their consultant team have been selected by the City of Pasco (City) to
perform design engineering, environmental process, public involvement process, and other related engineering
services for the Sylvester Street Overpass Ped/Bike Access. Professional services will include bridge design,
geotechnical investigation, stormwater design, environmental documentation and permits, topographic survey,
public involvement, and utility coordination. There may also be a need for right-of-way acquisition support and
traffic signal modifications. Additionally, project coordination and required project documentation will be
performed.
The project team includes:
· GRI – Geotechnical Engineering
· PBS Engineering and Environmental (PBS) – Survey
· Archaeological Investigations Northwest, Inc. (AINW) – Cultural Resources Documentation
· Commonstreet Consulting - Right-of-Way Support – (Phase II only)
The Project is currently funded completely through state funds including a WSDOT Connecting Communities Pilot
Program (CCPP) grant and a Pedestrian and Bicycle Safety Program grant. The current assumption for this scope is
that no federal funds will be added to the project. This scope of work covers phase I of the project up to 30
percent design.
PROJECT DESCRIPTION/BACKGROUND
The vehicular overpass crossing State Route 395 at Sylvester Street does not have facilities for pedestrians or
bicycles and acts as a barrier to these modes of travel along the East-West corridor that connects residential
neighborhoods (West) to the commercial/downtown (East). There are pedestrian and bicycle safety improvements
currently under construction on both sides of US 395. The proposed project completes the missing link along the
corridor, will assist in breaking down this barrier, and will satisfy safety mitigation goals identified by the City of
Pasco 2020 Local Road Safety Plan. The proposed pedestrian/bicycle bridge over US 395 along Sylvester Street
adjacent to the existing vehicular bridge includes a 12-foot-wide shared use path and ADA improvements at Road
32 connecting the future bridge to the companion project underway, the Sylvester Street Safety Improvements.
SCOPE OF WORK:
There are no federal funds being used for the design of the project and they are not anticipated to be used for
construction. This scope of work covers phase I of the project up to 30 percent design.
To the extent feasible, it is assumed that the project footprint will stay within the City’s right-of-way (ROW) and
that no additional permanent ROW will be required. The City will likely need to acquire temporary construction
easements from adjacent properties. In Phase II an allotment of $10,000 will be included to provide support for
Page 89 of 182
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
2
ROW acquisition efforts as needed. This will support the start of right-of-way services but may need to be
supplemented depending on how much ROW or TCE’s are required
Items not currently included within the scope can be added under a supplemental agreement later or within a
contingency task as part of this contract.
TASK 1. PROJECT MANAGEMENT AND ADMINISTRATION
Consor will provide management and coordination for all tasks included in this Scope. The design phase for the
project is anticipated to take up to 7 months, beginning in April 2025. Consor will manage services performed
by our staff and sub-consultants and coordinate with City representatives as needed on work tasks performed by
others during this time.
Subtask 1.1: Contract Administration, Invoicing, and Progress Reports
1. Prepare and submit monthly invoices. Each invoice will include the date period covered by the invoice;
number of hours worked during the billing period with billing rates shown; expenses and associated mark-
ups; total cost for labor and expenses for the billing period; subconsultants fees including markups for the
billing period; and a total amount summarizing labor, expenses, and subconsultant fees.
2. Prepare a Contract Summary Report to accompany the monthly invoices. The Contract Summary Report will
list each invoice as well as the current invoice with an itemized summary of invoice numbers, dates, and
amounts billed for labor, expenses, and subconsultants as well as total amounts for each invoice. The Contract
Summary Report will also list the total amount billed to date, the total amount remaining under contract, and
contract expiration date.
3. Prepare a brief Project Status Report to accompany the monthly invoices. The Project Status Report will
include: date period covered by the Status Report, a brief summary of work performed during the billing
period, a notice to the City raising any issues or concerns that could require a contract
amendment/supplement, a brief summary of completed and/or upcoming project milestones, and action
items needed from the City for project delivery. Consultant shall monitor the status of the budget and take
corrective actions to correct undesirable budget trends involving the City if the scope is impacted.
4. Maintain project documentation including a design criteria matrix, design assumption validation summary,
and ongoing design decisions. Also, maintain a communications log of interactions/communications with the
property owners and general public impacted by the project. Provide copies of project files and records to the
City for audits and public information requests. Final submittal documents shall be provided in electronic
format.
Deliverables
· Monthly invoices, Contract Summary Reports, and Project Status Reports
· Project Design Updates
· Project Documentation listed above
Subtask 1.2: Meetings
This item includes coordination and meetings to successfully complete the project. All meetings are assumed to
be virtual unless otherwise stated.
1. Preparation for and attendance at project kickoff meeting with City staff
a) Up to four Consor staff will attend a 2-hour virtual kickoff meeting with City staff.
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b) Other team members will be in attendance, scope and budget are in individual sections below
c) The kickoff meeting will also include a review of the alternative design concepts and will review all original
design assumptions.
2. Up to 14 (twice/month) internal Consor design team coordination and meetings
3. Preparation for and attendance at up to 17 (twice/month + 3 more) virtual project coordination meetings with
City staff.
a) One Consor staff will attend up to 7 1-hour virtual team meetings.
b) Up to two Consor staff will attend up to 10 1-hour virtual team meetings.
c) Other subconsultant team members will attend various virtual meetings as needed, scope and budget are
in individual sections below.
4. Meet with City staff (virtually) after the review of the 30%plan submittal.
Deliverables
· Meeting Agendas and Meeting Summaries
· Summary of Design Assumptions and changes to Design Assumptions
Subtask 1.3: Management, Coordination, and Direction
1. The Consultant shall provide management, coordination, and direction to the project team to complete the
project on time and within budget.
2. The Consultant shall provide quality management for the review of technical work and other deliverable
products.
3. The Consultant shall prepare and maintain a project design schedule. The schedule shall identify Consultant
tasks, major milestones and deliverables, and items provided by the City and other consultants. The schedule
shall be updated as circumstances require.
4. The Consultant shall coordinate Consultant tasks and activities with the City. This will include using the
regularly scheduled meetings to plan and coordinate upcoming activities.
5. The Consultant shall coordinate with private and public utilities, including power, phone, cable, gas, internet
and other utilities. See Task 10 below.
6. The Consultant shall coordinate with WSDOT with the City cc’d on all coordination.
7. The Consultant shall coordinate with property owners adjacent to the project who will be affected by the
project with city involved with all property owner coordination.
Deliverables
· Project Schedule and Schedule Updates
· Summary notes of coordination efforts
Subtask 1.4: Grant Application Support (Contingency)
1. The Consultant shall provide grant application support to the City for the pursuit of additional funds for
construction. These may include but are not limited to TIB grants, Federal STBG funds, or other funding
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sources the City may decide to pursue. Without knowing the specific grants or loans to be applied a
contingency budget has been provided that may require a contract amendment.
Deliverables
· Draft grant/loan applications for review by City staff
· Final grant/loan applications
TASK 2. SURVEYING AND PROJECT PHOTOS
PBS will use a combination of conventional survey methods combined with UAS Photogrammetry and UAS Lidar
to generate a Topographic Base map with resolved right-of-way information along Sylvester Street and State
Route 395.
Subtask 2.1: Topographic Survey
Complete land and topographic surveys for the whole project area including some areas outside the bridge and
trail footprint that may be impacted by the project design. These areas include the driveway and pedestrian
pathway on the west side of the bridge and the crosswalk on the east side of the bridge.
1. Right of entry
a. PBS will contact property owners, requesting the right of entry, within the survey area by first class mail at
least 10 days prior to commencing the field surveying. Additionally, at the time of the survey field crews
will knock on doors to inform the residents that the team will be entering upon the property; in instances
where no one is present, the team will leave a door hanger, with project contact information, to let them
know the team was there.
2. Order utility locates.
a. Private utility locates will be coordinated with and performed by a Geophysical Survey.
Deliverables
· AutoCAD drawing of the topographic survey incorporated with the land survey for the project area
· AutoCAD Civil 3D compatible Tin Surface
· Existing ground contours, 1-foot intervals
· Vertical and horizontal datum in conformance with the City of Pasco GIS
· Point files in ASCII format
Subtask 2.2: Site Visits
The consultant will conduct site visits to verify design fits field conditions.
Subtask 2.3: UAS
The consultant will conduct UAS Photogrammetry and UAS Lidar. Aerial imagery collected for the
Photogrammetry/Lidar work will be provided to the project team to aid their work.
Deliverables
Aerials to support the project team.
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Subtask 2.4: Project Photos
Consultant will conduct site visits, take project photos of each property along the corridor, and conduct field
verification of survey data represented in project base map. Consultant will use photographs to document pre-
project conditions.
Deliverables
Project Photos
TASK 3. GEOTECHNICAL ENGINEERING
Attend one kickoff meeting with the project team and an additional meeting during the 30% design efforts. We
anticipate the meetings will be 1 hour long and held virtually.
Subtask 3.1: Geologic Map Review, Site Reconnaissance, Project Management, Meetings
1) Collect, review, and assess geotechnical and geological information available for the project alignment and
surrounding areas, including general soil and geologic conditions and potential geological hazards. This
information includes subsurface explorations shown on as-built drawings for the existing Sylvester Street
Bridge crossing US 395.
2) Perform a site reconnaissance of the project alignment to observe the condition of the existing bridge,
approach slopes, and roadways; observe existing ground conditions along the proposed alignment of the new
bridge; and evaluate site constraints that may impact future subsurface explorations.
Subtask 3.2: Geotechnical Engineering Analysis
Conduct limited engineering analyses in accordance with AASHTO and WSDOT design guidelines to develop
preliminary geotechnical considerations and recommendations for:
a) Feasible foundation types and design parameters.
b) Seismic hazards and design parameters
c) Abutments and retaining walls.
Subtask 3.3: Geotechnical Report
1) A preliminary geotechnical memorandum will be prepared that discusses the work accomplished and provides
preliminary geotechnical considerations and recommendations. The preliminary memorandum is intended to
assist with the 30% design of the preferred alternative for the new bridge.
TASK 4. CULTURAL RESOURCE INVESTIGATION
Subtask 4.1: Cultural Resource Investigation
1) Conduct a literature search of the history and background of the area including records held in the
Washington Information System for Architectural and Archaeological Records Data (WISAARD), historical
maps and documents, and readily available ethnographic information.
2) Prepare an EZ Form to initiate consultation for Governor’s Executive Order 21-02
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3) Notify Native American tribes with interests in the project area regarding the project and fieldwork schedule.
The tribes will be invited to visit the project area during the scheduled fieldwork.
4) Conduct a surface survey of the proposed project area and other areas where project-related ground
disturbances may occur. This area is expected to be approximately 1,750 feet long and 50 feet wide based on
preliminary design information. Experienced AINW archaeologists will walk pedestrian transects spaced at 10-
meter (33-foot) intervals to visually inspect the ground surface for evidence of archaeological materials or
historic structures. If artifacts are found, they will be noted on the project map and will be described and
photographed but will not be collected.
5) Excavate up to 10 shovel tests that are 30 centimeters (12 inches) in diameter and at least 50 centimeters (20
inches) deep to sample subsurface sediments for buried archaeological deposits. Where soil characteristics
suggest potential for paleosols or buried surfaces, some of the shovel tests will be extended in depth to 100
centimeters (40 inches) or more using a manual bucket auger that is 15 centimeters (6 inches) in diameter.
Artifacts or other evidence of archaeological deposits will be described and photographed, then returned to
the shovel test location and not collected. Shovel test locations will be determined by the AINW Field Director
based on mineral soil visibility, landform characteristics, vegetation, and proximity to water or other resources.
Shovel tests will be plotted on project maps and will be backfilled once the sediments have been examined
6) Identified cultural resources (archaeological sites or isolates and historic-period buildings or structures) will be
documented in the field through photography, sketches, mapping, and description. These data are needed
for completion of state Department of Archaeology and Historic Preservation (DAHP) forms required for
agency and tribal review.
7) Submit a draft and final report (deliverable) to meet DAHP reporting standards for GEO 21-02. The report will
include a description of the project, background information, survey methods, results of the investigation,
documentation of identified cultural resources, and recommendations for proceeding with project
construction. The final report will be submitted electronically and uploaded to the DAHP’s online database,
WISAARD, after project team review and comment.
Assumptions
The above cultural resource scope is based upon the following assumptions:
· Access to the project area for field investigations and notifications to landowners will be made by the City.
· Fieldwork will be done in the Spring of 2025 when weather conditions are warm and relatively dry, and
reporting would be completed by the end of May 2025.
· The amount of shovel testing expected by DAHP and tribes has been increasing over the last several years
and this proposal includes a number of shovel tests comparable to recent previous projects in the area. If
additional shovel testing is required, an amendment may be needed.
· No cultural resources will be identified. If cultural resources are identified in the field, AINW will collect
the data necessary to complete DAHP resource forms. Once the number and types of cultural resources
identified are known, AINW will request a contract amendment to complete the forms and incorporate
them into the reporting.
· AINW endeavors to identify the full extent of the project area prior to field investigations and will cover
that area using the methods described above. However, if the project footprint changes and additional
mobilizations are needed, a contract amendment may be requested.
· No artifacts will be collected.
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· Archaeological monitoring of geotechnical investigations is included in phase II of the project as a
contingency task in this scope.
· The following language is included in the contract, which is an exception to the termination clause: “With
the exception of completing requirements and obligations taken on behalf of the client or owner, such as
a permit,…”
Deliverables
· Draft Report (electronic PDF copy)
· Final Report (electronic PDF copy)
TASK 5. DESIGN ASSUMPTION VALIDATION AND ALTERNATIVES ANALYSIS
Consor will prepare the conceptual design and type selection studies (up to 2 options) for the bridge based on the
design assumptions determined during the project kickoff meeting. The evaluation of the bridge alternatives will
include but not be limited to comparisons of constructability, ROW impacts, safety, utility impacts, ease of
maintenance, and cost. The two (2) alternatives are:
Alternative 1: Multi-Span Precast Prestressed Concrete Girder Bridge
Alternative 2: Single-Span Prefabricated Steel Truss Bridge
Subtask 5.1: Alternatives Conceptual Design Plans
1) Prepare preliminary conceptual design for the two bridge alternatives including the following:
a) Bridge Typical Sections
b) Bridge Plan and Elevation
c) Retaining wall locations with conceptual lengths and heights
2) Prepare a preliminary Cost Estimate for each alternative
3) Complete alternatives analysis and prepare an alternative recommendation memo.
Deliverables
· Preliminary plan sets for City review (electronic PDF copy).
· Preliminary Cost Estimate (electronic PDF copy).
· Memo for bridge alternative recommendations
Subtask 5.2: City of Pasco Coordination for Concept Approval
1. Attend and lead one meeting with the City to review the conceptual design alternatives.
2. Gain City concurrence regarding the bridge design concept and recommended alternative.
Deliverables
· Summary of WSDOT Design Concept Concurrence
· WSDOT “Basis of Design” Checklist
Subtask 5.3: WSDOT Coordination for Concept Approval
3. Attend and lead one meeting with WSDOT to review the conceptual design.
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4. Gain WSDOT concurrence regarding the bridge design concept
5. Prepare “Basis of Design” for work within WSDOT right-of-way
Deliverables
· Summary of WSDOT Design Concept Concurrence
· WSDOT “Basis of Design” Checklist
TASK 6. ENVIRONMENTAL PERMITTING – (PHASE II ONLY)
Subtask 6.1: SEPA Checklist
Prepare a draft SEPA Checklist and submit to the City project staff for review. Prepare final SEPA Checklist and
submit to the City’s Development Services Department.
Assumptions
· Draft SEPA Checklist to be provided to the City for review
· City will pay agency fees
Deliverables
Draft and Final SEPA Checklist
TASK 7. PUBLIC OUTREACH
Subtask 7.1: Public Involvement/Open House
It is expected that public involvement efforts will focus on getting input from the community on potential bridge
aesthetic treatments and accessibility in addition to communicating about the project itself. It is anticipated that
the Consultant will support the City by developing necessary graphics (video project update) for an in-person
open house, as well as attending up to one in-person event (e.g., Cinco de Mayo or Music and Movies in the Park).
These events will be intended to inform local residents and the general public about the overall project and the
impact that the construction will have on travel in the vicinity. City staff will facilitate the open house and prepare
the advertising/public notices. Consor will prepare a summary of the meetings, including tabulation of the
comments received and will provide this to the City for reference.
Assumptions
· One Consultant staff will attend up to one open house.
· One Consultant staff will attend up to one in-person event.
· The consultant will prepare a Community Engagement Plan.
· The consultant will prepare a Fact sheet in English and Spanish.
· The consultant will prepare up to one survey (online or online and print option).
· The consultant will design and print up to three display boards and promotional materials for open
houses and events (e.g., fact sheet, invite, etc.)
· The consultant will draft project webpage content, the City will update the content and maintain the
project website with Consultant’s help (as needed).
· Up to 4 social media posts.
· The City will advertise the open house and provide light refreshments.
· The City will set up and facilitate open house with Consultant’s help (as needed), and coordinate Spanish
interpretation.
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· The Consultant will provide a summary of the comments received from the virtual open house.
· The City will provide review and comments on any materials prepared by the Consultant.
Deliverables
· Community Engagement Plan (CEP)
· One survey (print, online, or both) in English and Spanish, with up to two City reviews
· Fact sheet in English and Spanish, with up to two City reviews
· Summary of survey responses
· Summary of open house
· Webpage content
· Social media content
· Graphics that may be required as part of in-person event and/or open house
TASK 8. RIGHT-OF-WAY – (PHASE II ONLY)
Subtask 8.1: Temporary Construction Easements
It is anticipated that this project will not require ROW acquisition. However, the project will require a minimum
of one TCE at the east side of the bridge.
Subtask 8.2: Right-Of-Way Acquisition Survey (CONTINGENCY ALLOTMENT)
This subtask will mathematically resolve the boundaries for up to two new parcels and update the overall ROW
plan. PBS will examine title reports for each of the two properties for existing easements and encumbrances that
could adversely affect ROW acquisition.
· Obtain title reports for up to two additional parcels
· Prepare exhibits and legal descriptions for ROW acquisition for each of the two additional parcels
· Prepare exhibit and legal description for potential Charter Communications easement
Deliverables
Updated ROW plan to include up to two additional properties along with acquisition exhibits for those
properties including maps and legal descriptions. Exhibit and legal description for Charter Communications
easement.
Subtask 8.3: Right-Of-Way Acquisition (CONTINGENCY ALLOTMENT)
This task is to review the potential update to the ROW plan and determine the steps needed to acquire
additional right-of-way. The budget for this task is not intended to cover the entire potential scope of the
additional ROW acquisition but to help start the process while a supplemental agreement is prepared.
Deliverables
Strategy for accomplishing the updated ROW acquisition and a scope and budget for the additional work
associated.
Subtask 8.3: Right-Of-Way Marking and Record of Survey (ROS)
Set ⅝-inch by 30-inch iron pins or other permanent monuments as appropriate at right-of-way angle points,
points of curvature, points of tangency, and intersections with existing rights-of-way. Prepare and record a record
of survey in accordance with RCW 58.09, WAC 332-130-050, and the requirements of WSDOT Plans Preparation
Manual, Document M 22-33.10. The budget for this task allows for three field days and five days in the office.
· Set right-of-way limit monuments
· Prepare and record a record of survey
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Deliverables
Record of survey in electronic and hard copy format
TASK 9. DESIGN ENGINEERING: PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
In Phase I of this project the Consor team will advance the design from the preliminary plans prepared in Task 5 to
30%, design based on the preferred alternative determined from the public outreach meeting results. Phase II will
include advancing the 30% design to the final PS&E. The design scope and fee of phase II will be added later once
the bridge alternative has been selected. The bridge design will be in accordance with the requirements of the
AASHTO LRFD Bridge Design Specifications, 9th Edition, 2020 and WSDOT Bridge Design Manual (LRFD), July 2024.
The trail design will meet all Washington State Regulations, ADA and U.S. Access Board requirements, The Consor
team will be responsible for providing design engineering services for the deliverables outlined below for the
following submittals:
30% Submittal
Quality Assurance/Quality Control (QA/QC)
Subtask 9.1: 30% Design (PS&E)
The Consultant will develop construction documents to the 30% design stage based on the review comments
from the City and WSDOT on the preliminary plans and the approved Bridge Type Selection Report. The plans for
the Plans will be updated for the overall project including the trail layout and preliminary grading, preliminary
retaining wall design, and bridge design, . Preliminary foundation sizes, locations, and depths will also be
determined. These documents will consist of plans, a bid item list, and an opinion of probable construction cost.
Stormwater design effort under this section includes identifying preliminary locations and types of stormwater
disposal facilities based on geotechnical site information, as well as the conveyance infrastructure necessary to
support the 30% design submittal package for improvements.
The following plan sheets are anticipated within the 30% set.
Cover Sheet (1)
General Notes and Legend (1)
Site Prep Plan (2)
Grading and Erosion Control Plan (4)
Typical Sections (Trail) (1)
Trail Layout (2)
Trail Profile (2)
Preliminary Stormwater Layout (1)
Bridge Plan and Elevation (1)
Abutment Layout (2)
Bent Layout (1)
Typical Section (1)
Girder Layout (2)
Retaining Wall Layout (4)
Deliverables
30% Plans (1 electronic copy/PDF)
30% Cost Estimates with 25% contingency (1 electronic copy/Excel)
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Subtask 9.2: Quality Control/Quality Assurance
Consor will provide documented Quality Control/Quality Assurance on the drawings and calculations. This will
include an independent review of the complete PS&E package by a senior engineer.
Deliverables
QA/QC of PS&E package
TASK 10. UTILITY COORDINATION
Subtask 10.1: Utility Coordination
· Identify all utilities within the project limits; obtain system mapping from utilities located within the
project limits. Review this mapping for consistency with the project base map.
· Conduct a utility reconnaissance of the entire project area to determine visual evidence of
underground and aboveground utility facilities and confirm utility-provided facility maps and project
basemap completeness.
· Identify and discuss special requirements associated with each utility facility relocation, modification,
or extension.
· Distribute electronic copies (PDF) of the 30% plans to the utility companies for their review and use.
· Submit a monthly report summarizing the type of contact made with each utility, the status of work
on each utility relocation plan and the anticipated completion date of each phase or activity.
Deliverables
· Utility Contact Lists & Coordination Summary Notes
· Existing utilities identified and included in survey base map
Subtask 10.2: Utility Coordination Meetings
· Prepare for and attend up to two meetings for strategizing and planning utility coordination and
relocations with City and/or Project Design Team
· Organize group/individual utility meetings as necessary to provide the latest overall project
information. Such meetings will address known facilities, potential for impact, timing requirements for
potential relocations, and initial information of reimbursable requirements. Organize up to two
meetings. Prepare and transmit meeting agendas and meeting minutes to all parties concerned.
Electronic copies (PDF) of the 30% will be provided to the utility companies for their review and use.
Deliverables
· Meeting agenda and summary for two meetings
Subtask 10.3: Utility Conflict Identification, Analysis and Recommended Resolution
Identify and analyze utility conflicts, compile and distribute utility conflict lists involving aboveground, surface and
underground conflicts.
· Produce utility conflict plan sheets based on preliminary (~30%) design plans and accompanying
utility conflict spreadsheets indicating but not limited to conflict item number, type of utility, conflict
status, average cover during and after construction, whether utility is in or out of public right-of-way,
and comments.
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Deliverables
· Preliminary utility conflict analysis based on 30% plans within 20 days of 30% submittal.
Subtask 10.4: Utility Conflict Notification and Utility Relocations
Notify the impacted utilities and coordinate the efforts of the utility agencies in developing a preliminary plan for
relocating utilities to resolve conflicts with the project design. As part of that effort:
· Prepare and deliver to each involved utility owner a Conflict Notice with an attached conflict list and
map. Assume up to 5 different utility operators. Notice shall require a utility response in the form of a
proposed facility adjustment plan and schedule to complete the utility work. Allow each utility a 30-day
period to respond with a proposal from date of the notice.
Deliverables
· Conflict notice letter and attachments for each utility.
TASK 12. TRAFFIC SIGNAL MODIFICATION AND TRAIL ILLUMINATION DESIGN (CONTINGENCY)
– (PHASE II ONLY)
Subtask 12.1: Traffic Signal Modification
This task is associated with the design modifications of a traffic signal at the intersection of W Sylvester St and
Rd28. The following plans will be prepared as part of this subtask:
Traffic Signal Legend (NTS) - one sheet
W Sylvester St and Rd28 Traffic Signal Modification Plan - two sheets
Deliverables
A total of three (3) plan sheets will be prepared with submittals provided at the 30% consistent with the
rest of the design work.
TASK 13. PROJECT MANAGEMENT AND DESIGN ENGINEERING SERVICES DURING
CONSTRUCTION BIDDING – (PHASE II ONLY)
Subtask 13.1: Pre-Bid Opening Responsibilities
The Consultant shall respond to questions from prospective bidders and City staff before bid opening in reference
to the bid package.
Deliverables
Electronic responses to bidder inquiries, submittals, addenda, and RFIs
· Answer pre-bid questions
CITY DELIVERABLES TO THE CONSULTANT
Sample Projects
The City will provide copies of sample City projects and design guidelines. The City will also provide electronic files
of title blocks, standard details for streets, traffic signals, street lighting, and other available details.
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Project Coordination
The City will assist the Consultant in managing relationships with other jurisdictions involved in the project,
adjacent property owners, and the public. The City will provide staff to meet and discuss the project with the
Consultant as needed. The City will provide written comments pertaining to the design submittals.
Utility List
The City will provide the Consultant with a list of local contacts for utilities within the project limits. Design and
plan preparation for the addition or relocation of utilities within the project limits will be completed by others.
Street Light Requirements
The City will provide the illumination type, the minimum illumination levels, and uniformity ratios to be used in the
project design.
Deliverables
Sample projects
Project coordination
Pavement type & structural sections selection
Utility list
Street light requirements
Page 101 of 182
Exhibit B
DBE Participation
Agreement Number:
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Page 102 of 182
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4 Page 103 of 182
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4 Page 104 of 182
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4 Page 105 of 182
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4 Page 106 of 182
Exhibit D
Prime Consultant Cost Computations
Agreement Number:
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Page 107 of 182
July 16, 2024
Consor North America, Inc.
888 SW 5th Ave, Suite 1170
Portland, OR 97204-2025
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Heather Champion:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 171.29% (rate includes
0.26% Facilities Capital Cost of Money) based on the “Independent CPA Report” prepared by
Aldrich CPAs + Advisors. This rate will be applicable for WSDOT Agreements and Local Agency
Contracts in Washington only. This rate may be subject to additional review if considered
necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: sms
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PROPOSED FEE ESTIMATE
LABOR CLASSIFICATION (HOURS)
Principal
Engineer VI
Principal
Engineer III
Principal
Engineer I Principal II
Professional
Engineer VII
Professional
Engineer IX
Professional
Engineer VII
Project
Manager II
Professional
Engineer III
Professional
Engineer VI
Engineering
Designer IV
Professional
Engineer IV
Project
Coordinator IV Administrative III Project Manager IV
Project
Coordinator II Project Manager I Technician IV
Engineering
Designer I
Professional
Engineer VII Hours Labor Overhead Fixed Fee Survey Geotech
Cultural
Resources
Environmental
Permits ROW Traffic Engineering Enter
Subconsultant
Multiplier
% Markup
Subconsultant Total with
Markup Expenses
CADD Units
$18/hr GIS Units $10/hr Total
$118.85 $91.55 $86.37 $83.37 $72.00 $73.00 $68.75 $64.52 $60.00 $61.28 $59.61 $56.68 $47.14 $45.31 $76.96 $39.77 $49.53 $43.62 $36.31 $70.79
$118.85 $91.55 $86.37 $83.37 $72.00 $73.00 $68.75 $64.52 $60.00 $61.28 $59.61 $56.68 $47.14 $45.31 $76.96 $39.77 $49.53 $43.62 $36.31 $70.79
Task 1 - PROJECT MANAGEMENT AND
ADMINISTRATION
Task 1.1 -
Contract Administration, Invoicing, and Progress
Reports 5 22 4 4 35 2,548$ 4,365$ 764$ 1.0 -$ -$ -$ -$ 7,677$
Task 1.2 - Meetings 30 2 36 2 70 6,459$ 11,064$ 1,938$ 1.0 -$ -$ -$ -$ 19,461$
Task 1.3 - Management, Coordination, and Direction 14 26 6 6 52 4,091$ 7,007$ 1,227$ 1.0 -$ -$ -$ -$ 12,325$
Task 1.4 - Grant Application Support (Contingency)16 8 14 38 3,440$ 5,893$ 1,032$ 1.0 -$ -$ -$ -$ 10,365$
Task 1 Subtotal 65 0 2 0 92 0 14 2 0 0 0 0 10 10 0 0 0 0 0 0 195 16,538$ 28,328$ 4,961$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 49,827$
Task 2 - SURVEYING AND PROJECT PHOTOS
Task 2.1 - Topographic Survey 0 -$ -$ -$ 63069 1.0 63,069$ -$ -$ -$ 63,069$
Task 2.2 - Site Visits 8 8 951$ 1,629$ 285$ 1.0 -$ -$ -$ -$ 2,865$
Task 2.3 - UAS 0 -$ -$ -$ 9,325$ 1.0 9,325$ -$ -$ -$ 9,325$
Task 2.4 - Project Photos 8 8 951$ 1,629$ 285$ 1.0 -$ -$ -$ -$ 2,865$
Task 2 Subtotal 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 1,902$ 3,257$ 570$ 72,394$ -$ -$ -$ -$ -$ -$ 72,394$ -$ -$ -$ 78,123$
Task 3 - GEOTECHNICAL ENGINEERING
Task 3.1 -
Geologic Map Review, Site Reconnaissance,
Project Management, Meetings 0 -$ -$ -$ 5,641$ 1.0 5,641$ -$ -$ -$ 5,641$
Task 3.2 - Geotechnical Engineering Analysis 0 -$ -$ -$ 4,360$ 1.0 4,360$ -$ -$ -$ 4,360$
Task 3.3 - Geotechnical Report 0 -$ -$ -$ 5,967$ 1.0 5,967$ -$ -$ -$ 5,967$
Task 3 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ 15,968$ -$ -$ -$ -$ -$ 15,968$ -$ -$ -$ 15,968$
Task 4 - CULTURAL RESOURCE INVESTIGATION
Task 4.1 - Cultural Resource Investigation 0 -$ -$ -$ 20,989$ 1.0 20,989$ -$ -$ -$ 20,989$
Task 4 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ 20,989$ -$ -$ -$ -$ 20,989$ -$ -$ -$ 20,989$
Task 5 -
DESIGN ASSUMPTION VALIDATION AND
ALTERNATIVES ANALYSIS
Task 5.1 - Alternatives Conceptual Design Plans 8 10 30 60 100 208 13,536$ 23,185$ 4,061$ 1.0 -$ -$ -$ -$ 40,781$
Task 5.2 -
City of Pasco Coordination for Concept Approval
6 4 8 18 1,635$ 2,800$ 490$ 1.0 -$ -$ -$ -$ 4,925$
Task 5.3 - WSDOT Coordination for Concept Approval 6 4 12 8 30 2,403$ 4,115$ 721$ 1.0 -$ -$ -$ -$ 7,239$
Task 5 Subtotal 20 0 18 0 50 0 0 0 68 0 100 0 0 0 0 0 0 0 0 0 256 17,573$ 30,100$ 5,272$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 52,945$
Task 6 - ENVIRONMENTAL PERMITTING -
(PHASE II ONLY)
Task 6.1 - SEPA Checklist 0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 6 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 7 - PUBLIC OUTREACH
Task 7.1 - Public Involvement/Open House 6 2 101 3 16 20 148 9,231$ 15,812$ 2,769$ 1.0 -$ 15,074$ -$ -$ 42,887$
Task 7 Subtotal 6 0 0 0 2 0 0 101 0 0 0 0 0 0 3 16 20 0 0 0 148 9,231$ 15,812$ 2,769$ -$ -$ -$ -$ -$ -$ -$ -$ 15,074$ -$ -$ 42,887$
Task 8 - RIGHT-OF-WAY - (PHASE II ONLY)
Task 8.1 - Temporary Construction Easements 0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 8.2 -
Right-Of-Way Acquisition Survey
(CONTINGENCY ALLOTMENT)0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 8.3 -
Right-Of-Way Acquisition (CONTINGENCY
ALLOTMENT)0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 8.4 -
Right-Of-Way Marking and Record of Survey
(ROS) 0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 8 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 9 -
DESIGN ENGINEERING: PLANS,
SPECIFICATIONS, AND ESTIMATE (PS&E)
Task 9.1 - 30% Design (PS&E) 8 16 16 32 16 40 28 60 200 16 432 24,068$ 41,226$ 7,220$ 1.0 -$ -$ -$ -$ 72,515$
Task 9.2 - 60% Design (PS&E) - (Phase II Only)0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 9.3 - 90% Design (PS&E) - (Phase II Only)0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 9.4 - Final Design (PS&E) - (Phase II Only)0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 9.5 - Quality Control/Quality Assurance 10 10 916$ 1,568$ 275$ 1.0 -$ -$ -$ -$ 2,758$
Task 9 Subtotal 8 10 16 16 32 0 16 0 40 28 60 0 0 0 0 0 0 200 16 0 442 24,984$ 42,794$ 7,495$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 75,273$
Task 10 - UTILITY COORDINATION
Task 10.1 - Utility Coordination 4 16 32 52 3,270$ 5,601$ 981$ 1.0 -$ -$ -$ -$ 9,851$
Task 10.2 - Utility Coordination Meetings 2 2 8 8 20 1,419$ 2,431$ 426$ 1.0 -$ -$ -$ -$ 4,276$
Task 10.3 -
Utility Conflict Identification, Analysis and
Recommended Resolution 1 1 16 36 54 3,399$ 5,823$ 1,020$ 1.0 -$ -$ -$ -$ 10,242$
Task 10.4 -
Utility Conflict Notification and Utility
Relocations 1 1 4 16 22 1,390$ 2,380$ 417$ 1.0 -$ -$ -$ -$ 4,187$
Task 10 Subtotal 4 0 0 0 8 44 0 0 0 0 0 92 0 0 0 0 0 0 0 0 148 9,478$ 16,235$ 2,843$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 28,556$
Task 11 -
TRAFFIC SIGNAL MODIFICATION AND
TRAIL ILLUMINATION DESIGN
(CONTINGENCY) - (PHASE II ONLY)
Task 11.1 - Traffic Signal Modification 0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 11 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 12 -
PROJECT MANAGEMENT AND DESIGN
ENGINEERING SERVICES DURING
CONSTRUCTION BIDDING - (PHASE II
ONLY)
Task 12.1 - Pre Bid Opening Responsibilities 0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 12 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 13 -
PROJECT MANAGEMENT AND DESIGN
ENGINEERING SERVICES DURING
CONSTRUCTION BIDDING - (PHASE II
ONLY)
Task 13.1 - Pre Bid Opening Responsibilities 0 -$ -$ -$ 1.1 -$ -$ -$ -$ -$
Task 13 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
TOTAL - ALL TASKS 119 10 36 16 184 44 30 103 108 28 160 92 10 10 3 16 20 200 16 0 1205 79,705$ 136,527$ 23,912$ 72,394$ 15,968$ 20,989$ -$ -$ -$ -$ 109,351$ 15,074$ -$ -$ 364,568$
Average Billing Rate Estimated per Classification/Staff
Subconsultants
Client
Month Year Consor
Project Name
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Exhibit E
Sub-consultant Cost Computations
If no sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI “Sub-Contracting” of this AGREEMENT.
Agreement Number:
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Page 110 of 182
July 11, 2024
PBS Engineering and Environmental, Inc.
214 E Galer St, Suite 300
Seattle, WA 98102
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Nicole Edmondson:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 180.66% (rate includes
0.97% Facilities Capital Cost of Money) based on the “Independent CPA Report” prepared by
Stambaugh Ness. This rate will be applicable for WSDOT Agreements and Local Agency
Contracts in Washington only. This rate may be subject to additional review if considered
necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: sms
Page 111 of 182
LABOR CLASSIFICATION (HOURS)
Unmanned Aerial Sys
Operator III Hours Labor Overhead Profit (Fixed Fee)Expenses Total
$73.00 $45.00 $31.00 $71.26 $34.00 $45.96 $32.00
TBD René Pérez Blake Hazen Field Crew Bob Eisle Derrick Westoby Renea Parker 180.66%30.00%
Task 2 - Survey
Research 12.00 31.50 2.00 45.50 1,916.50$ 3,462.35$ 574.95$ 5,953.80$
Boundary 17.00 16.00 96.00 38.00 3.00 170.00 7,740.88$ 13,984.67$ 2,322.26$ 24,047.82$
Topo and UAS 4.00 16.00 97.00 64.00 59.00 5.00 245.00 10,745.64$ 19,413.07$ 3,223.69$ 8,510.00$ 41,892.41$
Right of Way Map and set Pins 0.00 -$ -$ -$ 500.00$ 500.00$
Task 2 Subtotal 33.00 32.00 224.50 102.00 59.00 0.00 10.00 460.50 20,403.02$ 36,860.10$ 6,120.91$ 9,010.00$ 72,394.02$
TOTAL - ALL TASKS 33.00 32.00 224.50 102.00 59.00 0.00 10.00 460.50 20,403.02$ 36,860.10$ 6,120.91$ 9,010.00$ 72,394.02$
Staff Name
Survey VI Survey IV Survey II Survey 2 Person
Crew
Average Billing Rate Estimated per Classification/Staff
AdminUnmanned Aerial
Sys Operator I
Sylvester St Pedestrian Bridge Crossing 30% Design
PBS Engineering & Environmental, Inc.
PROPOSED FEE ESTIMATE
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August 14, 2024
Geotechnical Resources, Inc
16520 SW Upper Boones Ferry Road, Suite 100
Tigard, OR 97224
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Adam Hope:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 168.27% of direct labor (rate
includes 0.80% Facilities Capital Cost of Money) based on the “Independent CPA Report”
prepared by KCOE ISOM, LLP. This rate will be applicable for WSDOT Agreements and Local
Agency Contracts in Washington only. This rate may be subject to additional review if considered
necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: kb
Page 113 of 182
3.5% 167.47%
100%0.80%
0%30.0%
Project Name:City of Pasco Sylveseter St. Ped Overpass 0%
Date:1/23/2025 0%
Rates Effective 7/1/2024 1.00
Staff Role/Title:
Staff Name:
Direct Salary Rate Max $ 101.51 $ 72.13 $ 62.50 $ 52.88 $ 46.88 $ 34.83 $ 34.65 $ 40.18 $ 41.59 $ 40.75
Bill Rate 302.77$ 215.14$ 186.42$ 157.73$ 139.83$ 103.89$ 103.35$ 119.84$ 124.05$ 121.55$
Task ID Task Description Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Total Hours Direct Labor Overhead Profit Total Labor Subconsultants
Direct
Expenses Lab Costs TOTALS
3 30% Preliminary Geotechnical Engineering 9 33 - - 34 - 1 4 2 2 - 85 15,652.57$ -$ 315.60$ -$ 15,968$
3.1 Geologic Map Review, Site Reconnaissance,
Project Management, Meetings 3 15 5 2 2 27 1,785.53$ 3,004.51$ 535.66$ 5,325.70$ -$ 315.60$ -$ 5,641$
3.2 Geotechnical Engineering Analyses 2 9 13 24 1,461.61$ 2,459.45$ 438.48$ 4,359.55$ -$ -$ -$ 4,360$
3.3 Geotechnical Report 4 9 16 1 4 34 2,000.64$ 3,366.48$ 600.19$ 5,967.31$ -$ -$ -$ 5,967$
Tasks Summary of Hours 9 33 - - 34 - 1 4 2 2 - 85 15,652.57$ -$ 315.60$ -$ 15,968.17$
Recommended Project Budget:16,000.00$
Engineering
Assistant
CAD
Operator
Technical
Editor
Administrative
Assistant
Project
Accountant OpenSenior
Engr/Geol
Project
Engr/Geol
Engr/Geol
Staff
Accepted Overhead
FCCM
**Negotiated Profit
Annual Escalation Rate
% of budget through June 2025
% of budget through June 2026
% of budget through June 2027
% of budget through June 2028
Weighted Escalation Factor
Principal Associate
**Rates below are based on a standard 30% profit but are negotiated contract by contract. Adjust as needed.
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August 30, 2024
Archaeological Investigations Northwest, Inc.
3510 NE 122nd Ave
Portland, OR 97230
Subject: Acceptance FYE 2023 ICR – Risk Assessment Review
Dear Bill Parietti:
Based on Washington State Department of Transportation’s (WSDOT) Risk Assessment review
of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023 ICR of 169.82%.
This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington
only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR
must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:sms
Page 115 of 182
Archaeological Investigations Northwest, Inc.
CLIENT: City of Pasco
Project Name: Sylvester Street Overpass Pedestrian/Bicycle Access (City Project No. 23 577)
Date: September 3, 20243/3/2025
JOB CLASSIFICATIONS: Director
Environ.
Planner 5
Senior
Graphic
Designer
Deputy Environ.
Planner 2
Administrtive
Assistant 5
Environ. Spec.
5
Environ. Spec.
3
Transportatn
Planning Tech
1
Task Description
Officer/Senior
Archaeologist
APM / PM /
Senior Archaeo.
GIS -
Graphics
Senior Level
Staff
PM/Senior
Architectural
Historian
Supervising
Archaeo.
Project Admin
/ Project
Assistant /
Research
Architectural
Historian Staff Archaeo.Archaeo.
Assistant Hours Labor Expenses Total
4.1 Coordination; EZ Form Preparation; Fieldwork
Surface Survey and Shovel Tests (10); Report 24 6 75 4 24 133 $19,745.02 $1243.48 $20,988.50
Total Labor Hours 0 24 6 0 75 4 0 24 0 133
Direct Labor Rate $82.00 $73.60 $63.60 $60.50 $45.00 $46.65 $43.27 $36.50 $20.00
Overhead NTE $139.25 $124.99 $108.01 $102.74 $76.42 $79.22 $73.48 $61.98 $33.96
Fixed Fee NTE $24.60 $22.08 $19.08 $18.15 $13.50 $14.00 $12.98 $10.95 $6.00
Combined Labor Rates $245.85 $220.67 $190.69 $181.39 $134.92 $139.87 $129.73 $109.43 $59.96
Direct Labor $0.00 $1766.40 $381.60 $0.00 $3375.00 $186.60 $0.00 $876.00 $0.00 $6,585.60
Overhead $0.00 $2999.76 $648.06 $0.00 $5731.50 $316.88 $0.00 $1487.52 $0.00 $11,183.72
Fixed Fee $0.00 $529.92 $114.48 $0.00 $1012.50 $56.00 $0.00 $262.80 $0.00 $1,975.70
Total Labor $0.00 $5,296.08 $1,144.14 $0.00 $10,119.00 $559.48 $0.00 $2,626.32 $0.00 $19,745.02 $19,745.02 $1243.48 $20,988.50
4.1 DIRECT EXPENSES Each Qty Total
Vehicle Mileage 1 RT x 1 vehicles x 430 mi $0.67 430 $288.10
Vehicle Mileage 1 DT x 1 vehicles x 10 mi $0.67 10 $6.70
Meals 3 days x 2 people $60.00 6 $360.00 $19,745.02 $1,243.48 $20,988.50
Hotel ($130) plus tax for 2 nights x 2 people $147.17 4 $588.68
TOTAL EXPENSES TASK $1243.48
DIRECT EXPENSES Each Qty Total
Vehicle Mileage 2 RT x 1 vehicles x 430 mi $0.67 0 $0.00
Vehicle Mileage 8 DT x 1 vehicles x 10 mi $0.67 0 $0.00
Meals 12 days x 1 person $60.00 0 $0.00
Hotel ($130) plus tax for 10 nights x 1 person $147.17 0 $0.00
TOTAL EXPENSES TASK $0.00
TOTAL EXPENSES $1243.48
FN: AINW-Sylvester Street Overpass 12-17-2024
GRAND TOTAL
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Agreement Number ____________ Local Agency A&E Professional Services Cost
Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4.Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/or
b.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Page 117 of 182
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 118 of 182
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of _______________________________
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Page 119 of 182
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
whose address is
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 120 of 182
Exhibit G-1(b) Certification of
I hereby certify that I am the:
Other
of the , and
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 121 of 182
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II.Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 122 of 182
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant’s agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2 Page 123 of 182
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 Page 124 of 182
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
•Summation of hours by classification for each firm that is included in the claim;
Any correspondence that directed the consultant to perform the additional work;
Timeframe of the additional work that was outside of the project scope;
•Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency’s project manager. The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2 Page 125 of 182
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
Copy of information supplied by the consultant regarding the claim;
•Agency’s summation of hours by classification for each firm that should be included in the claim;
Any correspondence that directed the consultant to perform the additional work;
•Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
•Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 Page 126 of 182
04/07/2025
Pasco City Council
Regular Meeting
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Professional Services Agreement with
Consor North America, Inc. for Design
Services for the Sylvester Street Overpass
Pedestrian/ Bicycle Access Project
04/07/2025
Pasco City Council
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Overview
Professional Services Agreement
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Project Scope
• Curb ramps
• Sidewalk
• Shared-use
path/trail
• Bridge (part of
shared-use path)
Sylvester Street Overpass Pedestrian/ Bicycle Access
Project - Overview
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Sylvester Street Overpass Pedestrian/ Bicycle Access
Project – Professional Service Agreement
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Agreement Scope
• Project Management and Administration
• Surveying
• Geotechnical Engineering
• Cultural Resource Investigation
• Design Assumption Validation and Alternatives Analysis
• Public Outreach
• Design Engineering – 30% only*
*Selection of bridge type will lead to supplement for remaining design.
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Staff recommends
approval of scope and
fee for design services
by Consor North
America, Inc. a total of
$364,568.00.
Sylvester Street Overpass Pedestrian/ Bicycle Access
Project – Professional Service Agreement
6
Funding
$373,000.002023-25 Connecting Communities Pilot
Program (State)
$3,357,000.002023-25 Pedestrian & Bicycle Safety
Program (State)
$80,000.00Local Funds -Arterial
$3,810,000.00TOTAL
Planned Expenditures
$540,660.00Preliminary Engineering (PE)
N/ARight-of-Way (RW)
$3,189,340.00Construction (CN)
$3,730,000.00TOTAL
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AGENDA REPORT
FOR: City Council March 31, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 4/7/25
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Resolution No. ____ - Project Acceptance for the Well Capacity
Upgrades Project
I. ATTACHMENT(S):
Resolution
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, accepting work performed
by Carpenter Drilling, LLC under contract for the Irrigation Well Rehabilitation
and Repair Project.
III. FISCAL IMPACT:
Engineer's Estimate $ 569,561.00
Bid Award $ 517,629.40
Change Orders $ 3,736.75
Final Construction Cost $ 521,366.15
Funding for the project is provided as follows:
This project was delivered well under the adopted 2023 – 2024 Budget.
Secured Revenue Bond: $639.439.00
Irrigation Utility Funds: $512,827.00
IV. HISTORY AND FACTS BRIEF:
The City’s Irrigation System Master Plan (2016) was supplemented with a
Capacity Analysis performed in 2018. The analysis identified an existing
Page 134 of 182
deficiency in source capacity, resulting in periodic low pressure experienced
within the current service area limits during high demand. Recommendations to
address this supply deficiency included the implementation of upgrades at
existing Wells (this project) and improvements at the existing intake facility (a
separate project).
During 2022, the City’s consultant, GSI Water Solutions, Inc. (GSI), evaluated
options for increasing the capacity and improving the reliability of the City’s
existing irrigation wells for its non-potable water system (irrigation utility) to
meet demands more reliably. Wells with proposed improvements were
prioritized. A first phase of implementation included rehabilitation of three wells:
NW Commons, Village at Pasco Heights, and I-182 wells.
Bid opening took place on November 8, 2022. On November 21, 2022,
Council awarded the Well Capacity Upgrades contract (Resolution No. 4279) to
Carpenter Drilling, LLC. of Benton City, WA in the amount of $517,629.40.
The project required 3 Change Orders for a total of $3,736.75.
The Change Orders addressed:
Modifications and repair of existing pumping systems at the I-182 well
and Village at Pasco Heights well.
Additional repair at Village Well, and tax rate adjustment from 8.7% to
8.9% following the implementation of a voter approved increase in sales
tax.
Reconciliation of bid items.
After construction was completed, GSI consultants collected data on the
system's performance and developed a technical memorandum documenting
recommendations for the remaining well rehabilitations.
V. DISCUSSION:
This item was presented to Council at the March 24, 2025, Workshop as a
discussion item.
Formal acceptance of public works projects is required by State law and starts
the 45-day period within which an outside vendor, supplier or laborer would
have an opportunity to file a claim against this project pursuant to RCW
60.28.011 (2). Upon completion of the 45-day lien filing period, retainage being
held by the City may be released upon receipts of the following:
An affidavit of no liens
A release from the Department of Revenue that all taxes have been paid
A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051
Page 135 of 182
Staff recommends approval of the resolution for the acceptance of the Well
Capacity Upgrades Project, as constructed by Carpenter Drilling, LLC.
Page 136 of 182
Resolution – Carpenter Drilling LLC Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY CARPENTER DRILLING, LLC,
UNDER CONTRACT FOR THE IRRIGATION WELL REHABILITATION
AND REPAIR PROJECT.
WHEREAS, the work performed by Carpenter Drilling, LLC, under contract for Project
No. 21222 Irrigation Well Rehabilitation and Repair, 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 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 Carpenter Drilling, LLC, under contract for Project No. 21222 Irrigation Well
Rehabilitation and Repair, 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
Public Works Director 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 ____l,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 137 of 182
4/7/2025
Pasco City Council
Regular Meeting
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Well Capacity
Upgrades Project
Acceptance
4/7/2025
Pasco City Council
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Well Capacity Upgrades
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Northwest Commons Well
4
•Initial rehabilitation
included cleaning out the
bottom of the well (via sand
pumping); approximately 5
feet of sand was removed.
•Mechanical brushing of the
perforated section of the
NW Commons Well using a
steel brush and cleaned
out sediments from the
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I-182 Well
5
•Initial rehabilitation
performed included
cleaning out sediment
material from the
bottom of the well
casing (approximately
1-foot of material).
•Carpenter performed
mechanical
development of the
well, which consisted of
brushing and surging
the water column in the
well with a nylon brush
tool
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Village at Pasco Heights Well
6
•Collected a water quality
sample from the well and
submitted it for geochemical
and bacteriological analyses.
•Cleaned out sediments from
bottom of well.
•Brushed the well casing and
screen with a nylon brush
and cleaned out well.
•Installed a screen liner
assembly to prevent the
existing screen from
collapsing during the planned
mechanical and chemical
rehabilitation activities.
•Conducted mechanical
rehabilitation with zonal
isolation and impulse
generation.
•Conducted chemical
rehabilitation with acid and
polymer and additional
impulse generation to agitate
and mix chemicals within well
screens.
•Mechanically redeveloped
and cleaned the well using a
surge block and bailer.
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Well Capacity Upgrades Project Costs
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CONSTRUCTION COSTS
$ 569,561.00Engineer’s Estimate
$ 517,629.40Bid Award
$ 3,736.75Change Orders
$ 521,366.15Final Construction Cost
AmountDescriptionChange Order No.
$ 27,193.54Modifications and repair of existing pumping systems at the I-182 well and Village at Pasco Heights well.1
$ 53,224.40Additional repair at Village Well, and tax rate adjustment from 8.7% to 8.9%.2
$ (76,681.19)Reconciliation of bid items.3
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AGENDA REPORT
FOR: City Council March 27, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 4/7/25
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution No. ____ - Agreement with Burnham for Tax Credit Proceeds
Transfer
I. ATTACHMENT(S):
Resolution
Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____ relating to the City's
Wastewater an execute to Manager the Interim authorizing Utility; City
agreement exercising option with Burnham SEV Pasco LLC (Project Company)
and Burnham Pasco Holding LLC for Wastewater Treatment Agreement (WTA)
Tax Credit Proceeds Transfer.
III. FISCAL IMPACT:
Federal TAX Credit: The amount of proceeds from Federal Tax Credit sales
will be determined through the sale of those credits. The proceeds will be a
revenue to the Process Water Reuse Facility utility. The amount is dependent
on actual transaction timeline and market conditions. Staff will report the results
to the City Council shortly after the sale occurs.
These funds are to be designated as restricted cash and set aside as a Risk
Reserve for the utility.
IV. HISTORY AND FACTS BRIEF:
The City of Pasco owns and operates a facility dedicated to the treatment of
process water collected from local fruit vegetable and dairy processors. This
facility, known as the Process Water Reuse Facility (PWRF), comprises a
pretreatment and storage facility, as well as a land treatment system (LTS),
and operates under a discharge permit from the Washington Department of
Page 146 of 182
Ecology.
The pretreatment process starts with two Low-Rate Anaerobic Digesters, each
with a capacity of 34 million gallons, to reduce Biochemical Oxygen Demand
(BOD) levels. This process also generates renewable natural gas, which is
collected and sold to a local distributor.
The second stage of treatment occurs in a greenhouse, where a group of
Revolving Algal Biofilm systems provide an environment for algae to grow.
These algae serve as a sustainable solution to reduce nitrogen levels. After
treatment, the water is used to irrigate 1,900 acres of City-owned agricultural
fields, which are leased to local growers.
Through processes outlined in Chapter 70A.140 RCW, Water Quality Joint
Development Act, Burnham SEV, a renewable natural gas (RNG) Project
Developer, was selected to privately finance, design, construct, and operate an
upgraded industrial wastewater treatment plant that includes a renewable
natural gas plant at the PWRF. The City has entered a 30-year commitment
with Burnham for the treatment facility construction, financing and operations,
under a Wastewater Treatment Agreement (WTA). Related to the generation of
Renewable Gas and green technologies applied in this facility, Burnham is able
to sell Federal Tax credits. Through the WTA, the City of Pasco is entitled to a
percentage of said credits as cash proceeds transfer.
V. DISCUSSION:
The agreement between Burnham and the City of Pasco outlines the terms for
the transfer of tax credits related to the project "Pasco Resource Recovery
Center". Specifically, Burnham intends to transfer any available U.S. federal
income tax credits (ITC) pursuant to Section 48 of the Internal Revenue Code
to an unrelated party, with the City receiving a portion of the proceeds. Under
the terms of the agreement, the City has elected the Lump Sum Payment
option, which entitles the City to 90% of the net cash proceeds from the sale of
the ITC.
The agreement also establishes provisions regarding the transfer process,
specifying that Burnham will pay the City the Lump Sum Payment calculated as
90% of the Net Cash Proceeds. The City’s entitlement is exclusive to the tax
credit proceeds and does not extend to any other aspects of the project or the
related Wastewater Treatment Agreement (WTA).
Lastly, the agreement outlines the mechanisms for default and remedies in
case of non-compliance. A party in default may be required to pay all amounts
owed, including any net payment amounts. Additionally, the agreement
includes clauses for indemnification, particularly regarding the potential
Page 147 of 182
recapture of tax credits and the event of an IRS dispute. In the event of an
insolvency or material breach by a party, the other party may choose to
terminate the agreement. The parties also agree to limit their liabilities to the
Lump Sum Payment or the Paid Amount, excluding any incidental,
consequential, or punitive damages, with specific provisions for fraud, gross
negligence, or willful misconduct.
Staff recommends approval of the agreement.
Page 148 of 182
Resolution – Burnham WTA TCPP - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
RELATING TO THE CITY’S WASTEWATER UTILITY; AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT EXERCISING
OPTION WITH BURNHAM SEV PASCO LLC AND BURNHAM PASCO
HOLDCO LLC FOR WASTEWATER TREATMENT AGREEMENT (WTA)
TAX CREDIT PROCEEDS TRANSFER.
WHEREAS, the City of Pasco (City) and Burnham Pasco Holdco LLC (Burnham) entered
a Wastewater Treatment Agreement (WTA) on April 10, 2023 in respect of certain services
provided by the Burnham to the City at the Pasco Process Water Reuse Facility (Resource
Recovery Center); and
WHEREAS, the WTA included a Tax Credit Proceed Provision related to the partial
transfer to the City of U.S. federal income tax credits if/when available to Burnham; and
WHEREAS, the City elects to receive the cash proceeds in the lump sum option
established in the WTA, at 90% of the cash proceeds received by Burnham from the sale of any
ITC available in respect of the Project; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
Agreement.
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 a Tax
Credit Proceeds Transfer Agreement between the City of Pasco and Burnham substantially in the
form 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 Agreement on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 149 of 182
Resolution – Burnham WTA TCPP - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________
Debra Barham, CMC P. Stephen DiJulio, Special Counsel
City Clerk
Page 150 of 182
FG: 103459971.1
AGREEMENT EXERCISING OPTION
1. THIS AGREEMENT EXERCISING OPTION (“Agreement”) is made and entered into
as of the ___ day of March, 2025 (“Effective Date”) by and among Burnham SEV Pasco LLC,
a Washington limited liability company with offices at 1776 Wilson Blvd., Suite 530, Arlington,
VA 22209 (“Project Company”), BURNHAM PASCO HOLDCO LLC, a Washington limited
liability company with offices at 1776 Wilson Blvd., Suite 530, Arlington, VA 22209
(“Burnham”), and THE CITY OF PASCO, a Washington municipal corporation with offices at
525 N 3rd Ave., Pasco, WA 99301 (“City”). Project Company, Burnham and the City are
collectively the “Parties” and each singly a “Party” to this Agreement. The Parties agree as
follows.
2. RECITALS
2.1 Reference is hereby made to that certain Wastewater Treatment Agreement by and between
Project Company and the City dated as of April 10, 2023 (the “WTA”), in respect of certain
services provided by Project Company to the City at the Pasco Resource Recovery Complex (the
“Project”).
2.2 Burnham is party solely to Section 3.2 of the WTA (the “Tax Credit Proceeds Provision”)
and solely for purposes of agreeing to cause the payment to the City of certain proceeds related to
U.S. federal income tax credits available pursuant to Section 48 of the Internal Revenue Code of
1986, as amended and restated (the “Code”), in respect of the Project (the “ITC” and, any such
right of the City, the “Tax Credit Proceeds Entitlement”).
2.3 The Tax Credit Proceeds Provision contemplates that the City may elect to receive either
90% of the cash proceeds received by Burnham from the sale of any ITC available in respect of
the Project (the “Lump Sum Option”) or $7,200 per month for each $1,000,000 of such cash
received (rounded to the nearest million. City elects the Lump Sum Option.
3. ITC TRANSFER. The City and Burnham acknowledge that Burnham intends to transfer
to an unrelated person any ITC that is available in respect of the Project pursuant to Code Section
6418 (any such transaction, a “Transfer”).
4. LUMP SUM PAYMENT. Burnham shall pay to the City an amount equal to the
product of (a) Burnham’s Net Cash Proceeds of any Transfer and (b) 90% (the “Lump Sum
Payment”). Within 30 days following the date on which Burnham or its affiliate receives all
amounts payable in respect of a Transfer, Burnham shall pay or shall cause to be paid to the City
an amount of cash equal to the Lump Sum Payment and shall provide to the City a statement
documenting the calculation of Net Cash Proceeds and documentation supporting that calculation.
5. PROVISIONS EXCLUSIVE. The City, Project Company and Burnham
acknowledge and agree that no portion of the WTA other than the Tax Credit Proceeds Provision
pertains to the Tax Credit Proceeds Entitlement or any other right, obligation, or remedy of the
City, Burnham, or any affiliate of Burnham in respect of any U.S. federal income tax credits.
Page 151 of 182
2
6. WTA LIMITED – WTA Section 3.2 SATISFIED. The City, Project Company
and Burnham agree that, following the effective date of this Agreement and the payment to the
City under Agreement Section 5, the WTA does not contain any right, obligation, or remedy of
the City, Burnham, or any affiliate of Burnham in respect of any U.S. federal income tax credits.
Following the effective date of this Agreement and the payment to the City under Agreement
Section 5, Burnham has no further rights or responsibilities, and City has no further right of
enforcement against Burnham under the WTA. The City’s rights against Burnham following the
effective date of this Agreement and the payment to the City under Agreement Section 4 are only
under this Agreement.
7. INDEMNIFICATION REGARDING TAX CREDIT LIABILITIES.
7.1 Burnham shall procure one or more insurance policies that list Burnham (or any of
its affiliates) and any Transferee as beneficiaries or insureds for the purpose of recovering up to
120% of the amount payable by any of the forgoing to the IRS (less an agreed retention) as a result
of a final determination that the ITC is not available in the quantity claimed by any Transferee on
its U.S. federal income tax return for the year in which the Project is placed in service for U.S.
federal income tax purposes (any such policy, a “Tax Credit Insurance Policy”).
7.2 Notwithstanding anything to the contrary, the City and Burnham agree that the
event of a final determination of any dispute with the IRS or a Transferee, in each case, concerning
the amount, availability, effective transfer, or recapture (pursuant to Code Section 50) of all or any
portion of any ITC, the City and Burnham shall each contribute to the amount payable to the IRS
or any Transferee to the extent such amount exceeds the amount received pursuant to any Tax
Credit Insurance Policy (the “Net Damages”). Specifically:
(1) Burnham shall be solely liable to the extent that any portion of the
Net Damages was directly caused by any Excluded Reduction.
(2) City shall be solely liable to the extent that any portion of the Net
Damages was directly caused by any exercise by City of its right to acquire the Project pursuant
to Section 5.5 of the WTA or RCW 70A.140.040.
(3) In all other cases, (A) the City shall be liable for and pay to Burnham
within 30 days after receipt of written notice from Burnham of the applicable final determination
the lesser of (1) the amount of any Tax Credit Liability and (2) all amounts received by the City in
respect of the Lump Sum Payment prior to that date (the “Paid Amount”) and (B) Burnham shall
be liable for the balance of the Net Damages and pay over to the IRS such amount, plus the amount
it receives from the City.
(4) For this purpose, “Tax Credit Liability” means an amount equal to
the lesser of (a) 90% of any Net Damages and (b) the Paid Amount.
7.3 Notwithstanding any other provision of this Agreement, the City’s maximum liability
under this Agreement to Burnham, Project Company, Transferee or another entity is the amount
of the Lump Sum Payment (or, Paid Amount).
Page 152 of 182
3
8. DEFAULT. The occurrence of any of the following events with respect to either
Party (the “Defaulting Party”) shall constitute an event of default (an “Event of Default”):
8.1 the Defaulting Party fails to make payment of any amount when due under
this Agreement as required to be made by the Defaulting Party, which failure
continues for thirty (30) days after receipt of written notice of such non-payment
from the other Party;
8.2 the Defaulting Party attempts to assign this Agreement without the express
written consent of the party not in default (the “Non-Defaulting Party”), which shall
not be unreasonably withheld, conditioned, or delayed;
8.3 an Insolvency Event occurs with respect to the Defaulting Party; or
8.4 the Defaulting Party’s material misrepresentation, fraud or intentional
misconduct in connection with this Agreement; and
8.5 an Event of Default described in Section 6.2(b) of the WTA that is not
timely cured in accordance therewith, in which case, the City shall be the Defaulting
Party.
9. REMEDIES.
9.1 Upon the occurrence of an Event of Default by the Defaulting Party (after
any applicable cure period described in Agreement Section 8), the Non-Defaulting Party shall have
the right to demand payment from the Defaulting Party of all amounts then due and owing, which
shall include, in the case that (i) the City is the Non-Defaulting Party, an amount equal to the Net
Payment less all amounts paid to the City on or prior to the date of the Event of Default in respect
thereof and (ii) Burnham is the Non-Defaulting Party, any Tax Credit Liability.
9.2 In addition to any other remedy available pursuant to this Agreement, upon
the occurrence of an Event of Default described in Section 8, the Non-Defaulting Party may, in its
sole discretion, terminate this Agreement.
9.3 Limitations on Liability.
9.3.1 Notwithstanding any other provision to the contrary contained in this
Agreement, each of the Parties acknowledges and agrees that (a) monetary damages at law paid
by the Defaulting Party are a full and adequate remedy to compensate a Non-Defaulting Party for
any breach or threatened breach of this Agreement by the Defaulting Party, and (b) an action at
law for monetary damages that are paid by such Defaulting Party is the Non-Defaulting Party’s
sole and exclusive remedy for any such breach. No breach by a Party pursuant to this Agreement
will entitle the other Party to any equitable relief, including specific performance, injunctive relief,
rescission, or any other form of equitable remedy. Without limiting the generality of the
immediately preceding two sentences, neither Party shall seek equitable relief to rescind this
Agreement or any grant of rights to the other Party hereunder or seek injunctive relief to enjoin or
otherwise restrain or limit the other Party’s actions.
Page 153 of 182
4
9.3.2 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND
OR NATURE ARISING OUT OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED
ON THE BASIS OF CONTRACT, TORT (INCLUDING THE POSSIBILITY OF NEGLIGENCE OR
STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE
POSSIBILITY OF ANY SUCH LOSS OR DAMAGE; PROVIDED THAT NOTHING IN THIS
SECTION 9.3 SHALL BE CONSTRUED TO LIMIT LIABILITY ARISING FROM FRAUD, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY. NOTWITHSTANDING ANYTHING TO
THE CONTRARY, THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY DAMAGES
PAYABLE PURSUANT TO SECTION 9 HEREOF DOES NOT CONSTITUTE INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
10. DEFINITIONS. The capitalized terms set forth and not otherwise defined in this
Agreement shall have the meaning set forth below:
“Claims” means all liabilities, losses, lawsuits, penalties, claims, settlement payments,
costs and expenses, interest, awards, judgments, damages, fines or demands (including the
costs, expenses and reasonable attorneys’ fees on account thereof).
“Excluded Reduction” means any (i) sale or other disposition of the Project (other than
any disposition pursuant to Section 5.5 of the WTA or RCW 70A.140.040), the Project
Company, Burnham, or any direct or indirect interest therein, and (ii) any reduction or
denial of any ITC to the extent such reduction or denial arises from Burnham’s or any of
its affiliates’ gross negligence, intentional misconduct, or fraud.
“Insolvency Event” means with respect to any Party, when: (a) the Party commences a
voluntary case or other proceeding seeking liquidation, reorganization or other relief with
respect to itself or its debts under any bankruptcy, insolvency, reorganization or other
similar law of any jurisdiction now or hereafter in effect or seeking the appointment of a
trustee, receiver, liquidator, custodian or other similar official of such Party or any
substantial part of its property, or consents or agrees to any such relief or to the appointment
of or taking possession by any such official in an involuntary case or other proceeding
commenced against it, or makes a general assignment for the benefit of creditors, or
becomes or is declared insolvent, or acknowledges, in writing, its inability to pay its debts
as they become due, or takes any corporate action in any jurisdiction to authorize any of
the foregoing; (b) an involuntary case or other proceeding is commenced against the Party
seeking liquidation, reorganization or other relief with respect to it or its debts under any
bankruptcy, insolvency, reorganization or other similar law of any jurisdiction now or
hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian
or other similar official of such person or any substantial part of its property, and such
involuntary case or other proceeding shall remain undismissed and unstayed for a period
of ninety (90) days; or (c) an order for relief has been entered against that Party under the
United States federal, state or other bankruptcy laws of any jurisdiction as now or hereafter
in effect.
“Lender” means any third-party lender or financing party providing financing in
connection with the WTA and “Lenders” refers to all such persons.
Page 154 of 182
5
“Net Cash Proceeds” means the amount of cash actually received by Burnham or its
affiliate for the Transfer, less associated transaction costs including legal, accounting,
broker, and tax credit insurance.
“Placed in Service” means placed in service for purposes of Section 48 of the Code.
“Recapture Percentage” means: (1) in the first 12-month period following the date on
which the Project is Placed in Service, 100%, (2) in the second consecutive 12-month
period following the date on which the Project is Placed in Service, 80%, (3) in the third
consecutive 12-month period following the date on which the Project is Placed in Service,
60%, (4) in the fourth consecutive 12-month period following the date on which the Project
is Placed in Service, 40%, (5) in the fifth consecutive 12-month period following the date
on which the Project is Placed in Service, 20%, and (6) thereafter, 0%.
“Transferee” means any person that purchases any ITC in a transaction governed by Code
Section 6418.
11. CONFIDENTIALITY. Confidentiality under this Agreement is governed by terms
that are identical to those set forth in Section 14 of the WTA.
12. GOVERNING LAW AND DISPUTES. Governing law and disputes under this
Agreement, and subject to Agreement Section 9, are governed by terms that are identical to those
set forth in Section 15 of the WTA.
13. MISCELLANEOUS. Miscellaneous issues under this Agreement are governed by
terms that are identical to those set forth in Section 16 of the WTA.
(Signature page follows.)
Page 155 of 182
6
The Parties, through their duly authorized representatives, have executed this Agreement
as of the Effective Date.
City of Pasco,
a Washington municipal corporation
__________________________
Name: Dave Zabell
Its: Interim City Manager
Burnham Pasco Holdco LLC,
a Washington limited liability company
__________________________
Name: Chris Tynan
Its: Chief Executive Officer
Burnham SEV Pasco LLC,
a Washington limited liability company
__________________________
Name: Chris Tynan
Its: Chief Executive Officer
Page 156 of 182
AGENDA REPORT
FOR: City Council April 2, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 4/7/25
FROM: Kevin Crowley, Fire Chief
Fire Department
SUBJECT: Public Hearing & *Resolution No. ____ - Surplus and Transfer of City-
Owned Personal Property to a Government Agency (5 minute staff
presentation)
I. ATTACHMENT(S):
Resolution
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, declaring certain City-
owned personal property as surplus, approving the method of disposal; and
further, authorize the Interim City Manager to transfer the property to another
government agency.
III. FISCAL IMPACT:
The spill response vessel was originally acquired through a Washington State
Department of Ecology grant in 2020, which covered the cost of the vessel’s
hull, powertrain, and trailer. The City of Pasco separately purchased onboard
electronic and navigation equipment not included in the grant award.
As part of the proposed transfer to Chelan County Fire District #7, the City
seeks to recover the estimated fair market value of the electronic and
navigation components, approximately $20,000. No proceeds will be received
for the vessel itself, in compliance with state guidance prohibiting its direct sale.
The recovered funds will be allocated to the Fire Department to support future
fleet expenses, including contributions toward the replacement of the
department’s aerial apparatus.
Page 157 of 182
IV. HISTORY AND FACTS BRIEF:
In 2020, the City of Pasco Fire Department acquired a spill response vessel
through a grant awarded by the Washington State Department of Ecology. The
vessel shoreline and spill marine response to intended was support
suppression operations and was capable of deploying up to 1,000 feet of spill
containment boom. While the purchase of the vessel’s hull, powertrain, and
trailer was funded through the grant, the City independently purchased the
electronic and navigation equipment.
Following a comprehensive risk assessment and operational review, the Fire
Department determined that although the vessel has been a useful asset, it is
no longer essential to the department’s core mission. The department’s primary
vessel offers a broader range of capabilities and is better suited for hazardous
conditions, including rescue operations and spill mitigation.
The original grant term and its reporting obligations have concluded, and there
are no restrictions that prevent the City from transferring the vessel. However,
the Department of Ecology has advised that legal limitations prohibit the sale of
the vessel, making a transfer to another governmental agency the preferred
method of disposition.
Chelan County Fire District #7 has expressed interest in acquiring the vessel
for its intended purpose of spill response. In accordance with RCW 39.33.010
and Pasco Municipal Code (PMC) Sections 2.120.090 and 2.120.100, the City
may transferring another to it by property personal surplus of dispose
and vessel the of value estimated the Because agency. governmental
associated equipment exceeds $50,000, a public hearing is required before
finalizing the transfer under RCW 39.33.020.
To satisfy this requirement, notice of the public hearing was published in the
Tri-City Herald on Sunday, March 23, 2025, informing the public of the City
Council’s intent to consider the transfer at its regular meeting on Monday, April
7, 2025.
V. DISCUSSION:
Staff recommends approval of the proposed resolution declaring the 2005
Pierce Ladder Truck as surplus and authorizing its transfer to Chelan County
Fire District #7.
Page 158 of 182
Resolution – Surplus City-Owned Personal Property – Spill Response Vessel - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
DECLARING CITY-OWNED PERSONAL PROPERTY SURPLUS,
APPROVING THE METHOD OF DISPOSAL; AND FURTHER, AUTHORIZE
THE INTERIM CITY MANAGER TO TRANSFER THE PROPERTY TO
ANOTHER GOVERNMENT AGENCY.
WHEREAS, in accordance with Pasco Municipal Code (PMC) Section 2.120.090, prior
to the disposal of personal property valued over $10,000, the City Council shall declare the same
to be surplus and authorize the disposal method; and
WHEREAS, the Fire Department acquired a spill response vessel through a 2020
Department of Ecology grant to enhance marine spill response and shoreline suppression
operations; and
WHEREAS, after a comprehensive risk assessment and evaluation, the Fire Department
has determined that the vessel, while beneficial, is not critical to the department’s core operational
objectives; and
WHEREAS, the Department of Ecology has advised that legal limitations prohibit a direct
sale of the vessel, making transfer to another governmental agency the preferred disposition
method, and the grant term and associated reporting requirements have concluded with no
restrictions preventing the transfer; and
WHEREAS, pursuant to PMC Section 2.120.100 the surplus property may be disposed of
by transferring it to a governmental agency; and
WHEREAS, the City seeks to recover costs for electronic and navigation equipment
purchased separately by the City, with an estimated fair market value of $20,000; and
WHEREAS, Chelan County Fire District #7 has expressed interest in acquiring the vessel
and utilizing it for spill response operations, in alignment with its intended purpose; and
WHEREAS, the estimated value of the vessel and associated equipment exceeds $50,000,
requiring the City to hold a properly noticed public hearing prior to the transfer in accordance with
RCW 39.33.020; and
WHEREAS, the proposed transfer aligns with the City Council’s guidance on fleet
evaluation, operational efficiency, and responsible asset management.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the spill response vessel is hereby declared surplus to the needs of the City of Pasco.
Page 159 of 182
Resolution – Surplus City-Owned Personal Property – Spill Response Vessel - 2
Be It Further Resolved, that the Interim City Manager and/or designee is authorized to
negotiate and execute all necessary agreements to transfer the vessel to Chelan Fire District #7 in
exchange for the recovery of costs associated with the electronic and navigation equipment
purchased separately by the City; and to take all necessary steps required to complete this
transaction.
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 _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 160 of 182
April 7th, 2025
Pasco City Council
Regular
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Surplus & Transfer
of Spill Response
Vessel
April 7th, 2025
Pasco City Council
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Details
Policy Decision
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Background
•Acquired in 2020 via WA St
Dept of Ecology Grant
•Purpose: Spill response and
shoreline suppression
•Capacity: Holds 1,000 feet of
boom
•Electronics and navigation
purchased separately by
City
Details
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Current Status
•Grant term and reporting
requirements are complete
•No restrictions on transfer
•Risk assessment completed: Vessel
no longer critical to core Fire
operations
•Ongoing maintenance and upgrade
costs
•Primary vessel is more capable and
better suited
Details
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Proposed Recipient
•Chelan County Fire District
#7
•Expressed interest in using
the vessel for spill response
•Aligned with intended
purpose
Details
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Legal and Policy
Considerations
•RCW 39.33.010 permits
intergovernmental transfers
•RCW 39.33.020 requires public
hearing for value > $50,000
•PMC 2.120.090 & .100 require
Council authorization to surplus and
approve method of disposal
Details
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Public Hearing Notice
•Legal notice published in Tri-
City Herald on March 23, 2025
•Hearing scheduled for April 7,
2025
•Public comment period offered
per statutory requirements
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Fiscal Impact
•No value recovered for
vessel (grant-funded)
•Estimated $20,000 to be
recovered for electronic &
navigation equipment
•Funds to be allocated to Fire
Department fleet expenses
Details
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Policy Decision
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Staff Recommendation
•Declare the vessel surplus
•Approve transfer to Chelan County Fire District #7
•Authorize City Manager to negotiate and execute transfer
•Allocate proceeds from electronic equipment recovery to Fire fleet
fund
Policy Decision
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AGENDA REPORT
FOR: City Council April 3, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 4/7/25
FROM: Kevin Crowley, Fire Chief
Fire Department
SUBJECT: *Resolution No. ____ - Surplus and Sale through Consignment of City
Personal Property (5 minute staff presentation)
I. ATTACHMENT(S):
Resolution
Pictures of the 2005 Pierce Ladder Truck
Brindlee Fire Mountain Fire Apparatus Listing Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, declaring City-owned
personal property as surplus, approving the method of disposal; and further,
authorize the Interim City Manager to sell the property through consignment.
III. FISCAL IMPACT:
The sale of the 2005 Pierce Ladder Truck is expected to generate between
$100,000 and $300,000, depending on market conditions and buyer interest.
The final sale price will be subject to negotiation and market response, with
assistance from a third-party vendor.
Under the proposed consignment agreement with Brindlee Mountain Fire
Apparatus, the City would pay a commission based on the final sale price as
follows:
10% for sales under $200,001
7% for sales between $200,001 and $350,000
5% for sales above $350,000
Final proceeds will be deposited into the Equipment Replacement Fund to help
support the purchase of a new aerial apparatus.
There are no upfront or fixed costs associated with the consignment
Page 173 of 182
agreement; commission is only paid upon successful sale.
IV. HISTORY AND FACTS BRIEF:
The Pasco Fire Department currently operates a 2005 Pierce Ladder Truck as
a reserve apparatus to support frontline emergency response when the primary
ladder truck is undergoing maintenance or repairs. The vehicle was purchased
by the City in 2022 for $394,800 to serve as a backup unit.
After careful evaluation of fleet needs, maintenance requirements, national fire
service standards, and financial planning for future apparatus acquisition, staff
have determined that the Reserve Ladder Truck is no longer essential to the
department's operational objectives. At 20 years old, the vehicle is increasingly
costly to maintain and meets the National Fire Protection Association’s (NFPA)
recommended replacement threshold for fire service vehicles.
The City anticipates needing to replace its frontline ladder truck within the next
few years, at an estimated cost of $2.2 million. Currently, the Equipment
Replacement Fund holds approximately $1.6 million for this purpose. Proceeds
from the sale of the Reserve Ladder Truck—expected to range from $100,000
to timely for allow and gap funding the close help $300,000—would
procurement of a new apparatus, which currently has an estimated four-year
build time.
To facilitate the sale, staff recommend entering into a consignment agreement
with Brindlee Mountain Fire Apparatus, a third-party vendor specializing in fire
equipment sales. Under the proposed agreement, Brindlee would list and
market the apparatus and receive a commission based on the final sale price.
Execution of this agreement is subject to City Council approval.
A risk analysis has confirmed that selling the Reserve Ladder Truck will not
negatively impact fire protection services. Should the primary ladder truck be
unavailable, mutual aid agreements allow the City to request ladder support
from neighboring jurisdictions. This sale will also not affect the City’s insurance
rating.
Pursuant to Pasco Municipal Code (PMC) Sections 2.120.090 and 2.120.100,
Council approval is required to declare this asset surplus and to authorize the
proposed method of disposal—sale through consignment.
V. DISCUSSION:
Staff recommends approval of the proposed resolution declaring the 2005
Pierce Ladder Truck as surplus and authorizing its sale through consignment.
Page 174 of 182
Resolution – Surplus City-Owned Personal Property – 2005 Pierce Ladder Truck - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
DECLARING CITY-OWNED PERSONAL PROPERTY SURPLUS,
APPROVING THE METHOD OF DISPOSAL; AND FURTHER, AUTHORIZE
THE INTERIM CITY MANAGER TO SELL THE PROPERTY THROUGH
CONSIGNMENT.
WHEREAS, City Staff has identified a 2005 Pierce Ladder Truck, which has an individual
value in excess of $10,000, that is no longer of use for City operations; and
WHEREAS, the Fire Department anticipates the need to purchase a new frontline ladder
truck within the next few years, with an estimated cost of approximately $2.2 million; and
WHEREAS, the Equipment Replacement Fund currently has $1.6 million designated for
the purchase of a new aerial apparatus, and selling the Reserve Ladder Truck would help bridge
the financial gap needed to facilitate the purchase; and
WHEREAS, early financial preparation is necessary due to the estimated four-year build
time for a new ladder truck, and selling the Reserve Ladder Truck will support timely acquisition;
and
WHEREAS, in accordance with Pasco Municipal Code (PMC) Section 2.120.090, prior
to the disposal of personal property valued over $10,000, the City Council shall declare the same
to be surplus and authorize the disposal method; and
WHEREAS, pursuant to 2.120.100 the City Council has determined that the 2005 Pierce
Ladder Truck shall be sold through consignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the 2005 Pierce Ladder Truck is hereby declared surplus to the needs of the City of
Pasco.
Be It Further Resolved, that the Interim City Manager and/or designee is hereby
authorized to sell and dispose of the 2005 Pierce Ladder Truck by consignment as provided in
PMC 2.120.100.
Be it Further Resolved, that proceeds from the sale of the 2005 Pierce Ladder Truck shall
be allocated to the Equipment Replacement Fund to support the future purchase of a new aerial
apparatus.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 175 of 182
Resolution – Surplus City-Owned Personal Property – 2005 Pierce Ladder Truck - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 176 of 182
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BRINDLEE MOUNTAIN FIRE APPARATUS
15410 Hwy 231 Union Grove AL 35175 ∙ 256-776-7786
Lis ng and Marke ng Commission Agreement
The undersigned Seller and Brindlee Mountain Fire Apparatus, LLC (“Brindlee”) being duly authorized, hereby enter into
the following contractual agreement (the “Agreement”) effec ve as of _______________________, 20_____:
Apparatus: ____________________________ (the “Apparatus”)
Apparatus owned or exclusively offered for sale by: _________________________________________ (“Seller”) If
Apparatus not owned by Seller, then owner of the Apparatus: _____________________________________(“Owner”)
List Price: The price at which the Apparatus will be listed shall be _________________________, or such other price
agreed upon by Seller and Brindlee (the “List Price”)
Seller grants Brindlee the non-exclusive right to offer the Apparatus for sale for the List Price. Brindlee shall have the
right, but not the obliga on, to market and adver se the Apparatus in any media of Brindlee’s choosing, including the
internet. Seller represents and warrants that the informa on provided to Brindlee by Seller, Owner and their agents and
representa ves regarding the Apparatus is true and correct and Seller holds Brindlee harmless and indemnifies Brindlee
from any liability resul ng from inaccuracies in such informa on. Seller agrees to pay Brindlee the commission set forth
below (the “Commission”) if Seller or Owner sells the Apparatus or any other fire apparatus to a buyer referred by
Brindlee (a “Referral”), or anyone ac ng on behalf of a Referral, whether or not the Apparatus is sold at the List Price.
The Commission shall be calculated as follows:
10% of the sales price if the subject Apparatus is sold for less than $200,001; and
7% of the sales price if the subject Apparatus is sold for a price from $200,001 to $350,000; and
5% of the sales price if the subject Apparatus is sold for a price above $350,000
Payment of the Commission will be made to Brindlee within 10 days a er the sale of the subject Apparatus. Seller shall
pay interest in the amount of 1.5% per month on Commission not paid within such 10 day period. Seller further agrees
that any addi onal costs incurred by Brindlee as part of collec on efforts for past due Commission will be reimbursed to
Brindlee by Seller. The Commission rights of Brindlee and the Commission obliga ons of Seller set forth in this
Agreement shall survive expira on or termina on of this Agreement.
Seller agrees to no fy Brindlee at the me of sale of the Apparatus as to the sales price and the name and address of the
buyer, regardless of whether such buyer is a Referral which was referred by Brindlee. Seller agrees that if Seller fails to
provide such informa on then Seller will pay a Commission to Brindlee as if the buyer of the Apparatus was a Referral
referred by Brindlee and the Apparatus was sold at the List Price.
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Either party may terminate this Agreement at any me by no fying the other party in wri ng. If any sale of the
Apparatus takes place to a Referral previously referred by Brindlee within one year subsequent to termina on of this
Agreement, Seller shall pay the same Commission to Brindlee as would have been paid if this Agreement had not been
terminated.
Seller agrees that Brindlee may list, market and sell other fire apparatus to prospec ve buyers who are interested in the
Apparatus, including but not limited to fire apparatus owned by Brindlee.
This Agreement shall create an independent contractor rela onship between Brindlee and Seller. Brindlee shall at no
me be considered an employee of Seller. Seller represents that Seller has full authority to enter into this Agreement.
This Agreement cons tutes the en re agreement between the par es. This Agreement and the terms and condi ons
herein may not be amended, modified or waived except by the wri en agreement of the par es hereto. The failure of
the par es to adhere to strictly to the terms and condi ons of this Agreement shall not cons tute a waiver of the right
of the par es later to insist on such strict adherence. This Agreement may be executed in any number of separate
counterparts and all such executed counterparts shall cons tute one agreement, which shall be binding on the par es
notwithstanding that all par es are not signatories to the same counterpart or counterparts. Each party may transmit
its signature by facsimile or e-mail (.pdf or similar) to the other party or par es, and any faxed or e-mail signature
and/or faxed or e-mail counterpart of this Agreement shall have the same force and effect as an original. This
Agreement shall be governed by, construed, and enforced in accordance with the laws of Alabama. The undersigns by
execu on and delivery of this Agreement do hereby submit to the exclusive jurisdic on and venue of the state and
federal courts located in Marshall County, Alabama.
Agreed to by:
Seller : Brindlee:
______________________________________ BRINDLEE MOUNTAIN FIRE APPARATUS, LLC
[insert seller name above]
By: ___________________________________ By: ______________________________________
Name:_________________________________ Name:____________________________________
Title:__________________________________ Title:_____________________________________
Date:__________________________________ Date:_____________________________________
Revised 03/26/2024
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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
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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
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