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HomeMy WebLinkAbout2007.03.12 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. March 12,2007 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Fleet Management Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Jess Greenough, Field Division Manager. (b) Tri-City Visitor & Convention Bureau. (NO WRITTEN MATERIAL ON AGENDA) Presented by Kris Watkins,President&CEO,Tri-Cities Visitor&Convention Bureau. (c) Water Comprehensive Plan,Project No.07-2-07: 1. Agenda Report from Robert J. Alberts,Public Works Director dated February 28,2007. 2. Professional Services Agreement. (d) "A" Street Road Standards from Oregon Avenue to SR-12: 1. Agenda Report from Robert J.Alberts, Public Works Director dated March 5, 2007. 2. Vicinity Map. 3. Section Maps. (e) Water Rights Transfer Agreement with Paul&Leah Miller: 1. Agenda Report from Robert J. Alberts,Public Works Director dated March 5, 2007. 2. Water Rights Transfer Agreement. (f) DOE Storm Water Grant Agreement: 1. Agenda Report from Robert J. Alberts, Public Works Director dated March 5, 2007. 2. Grant Agreement. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p.m., Monday, March 12, Pasco Red Lion - Chamber of Commerce General Membership Meeting. ("2006: A Year in Review for the Washington State Department of Transportation Commission"presented by Carol Moser.) 2. 10:00 a.m., Tuesday, March 13, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) 3. 12:00 p.m., Thursday, March 15, 2007, 322 W. Columbia Street—Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS, Alt.) 4. 6:45 p.m., Thursday March 15, Pasco Red Lion — Grand Court of Washington, Order of the Amaranth-Welcome Address. (MAYOR JOYCE OLSON) 5. 11:30 p.m., Friday, March 16, Roy's Smorgy — Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) AGENDA REPORT NO. 06 FOR: City Council DATE: February 28, 2007 TO: Gary Crutchfield, City Manager Workshop Mtg: March 12, 2007 Regular Mtg: March 19, 2007 FROM: Robert J. Albe+11, 4.r, Public Works SUBJECT: Water Comprehensive Plan,Project# 07-2-07 I. REFERENCE(S): 1. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/12/07: Discussion: 3/19/07: MOTION: I move approve the Water Comprehensive Plan and, further, authorize the Mayor to sign the plan. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: The State of Washington Health Department requires Cities and Water Utility Districts to prepare a new Water Comprehensive Plan every six years. The City's last Water Comprehensive Plan was approved by the Health Department in June 2001. The next Water Comprehensive Plan will also have to address the conditions of the Quad-City Water Rights and new State regulations which have been implemented since 2001. A condition of the new water right is the plan must be coordinated with the other cities. Because of the coordination condition, the Health Department has extended the approval date to October 2009. Staff recommends the plan be started now due to all the changes that have occurred since 2001. The City needs to keep up with the growth by having a current plan. Mr. Anthony Krutsch was the project manager for the consultant on the 2001 Water Comprehensive Plan and he assisted the City on the 1994 plan as well. Staff proposes an agreement with CH2MHill for the new plan with Mr. Krutsch as the project manager. The plan would be on a time and material basis not to exceed $90,500. The project is budgeted in the 2007 CIP Program. Staff recommends approval of the Professional Services Agreement and authorize the Mayor to sign. V. ADMINISTRATIVE ROUTING Project File 3(c) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and C112MHill, hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide an updated Water Comprehensive Plan. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. Services shall generally be the preparation of an updated Water Comprehensive Plan meeting the State of Washington requirements as outlined in Exhibit A 2. Ownership of Work Product. A. All studies, plans, specifications, documents, materials, methodology, software, logic, and systems developed under this Agreement whether finished or not shall become the property of the City of Pasco, shall be forwarded to the City of Pasco at its request and may be used by the City of Pasco as the City of Pasco sees fit. The City of Pasco agrees that if products prepared by the Consultant are used for purposes other than those intended in this Contract, the City of Pasco does so at the City's sole risk and agrees to hold the Consultant harmless for such use. B. All services performed under this Agreement will be conducted solely for the benefit of the City of Pasco and will not be used for any other purpose without written consent of the City of Pasco. Any information relating to the services will not be released without the written permission of the City of Pasco. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis, provided, in no event shall the payment for all work performed exceed the sum of $90,500. Time charges shall be based on the hourly rate schedule as set forth in Exhibit B. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. CH2MHill 1 Water Comprehensive Plan - 2007 C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement and provide a draft plan within 365 calendar days, and assist the City in coordinating the plan with the other cities and publicize a final plan in an additional 270 calendar days. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. all damages or liability of any character including in part costs,expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or causee by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. _Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. CH2MHill 2 Water Comprehensive Plan - 2007 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has 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 he 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, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. CH2MHi11 3 Water Comprehensive Plan- 2007 16. Notices. Notices to the City of Pasco shall be sent to the following address: Bob Alberts City of Pasco PO Box 293 Pasco,WA 99301 509-545-3444 Notices to the Consultant shall be sent to the following address: Anthony Krutsch CH2MHi11 8836 W. Gage Blvd, Suite 202A Kennewick,WA 99336 (509) 735-9149 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF ,20 CITY OF PASCO CONSULTANT: By: By: Joyce Olson, Mayor Signature, Printed Name and Title ATTEST: APPROVED AS TO FORM Deputy City Clerk City Attorney CH2MHill 4 Water Comprehensive Plan - 2007 CH2M HILUCITY OF PASCO WATER SYSTEM PLAN UPDATE SCOPE OF SERVICES EXHIBIT A CITY OF PASCO WATER SYSTEM PLAN UPDATE Scope of Work A general outline of the project scope is shown below. • Executive Summary. Prepare executive summary of the plan update. • Description of Water System. Describe the general background of the City and its existing water system as well as information on current service area,water rights,service area policies and water rates. Update information contained in Chapter 1 and Chapter 2 of the 2001 Plan as needed. Utilize Quad-City and Irrigation System information as appropriate. • Basic Planning Data. Describe the City's current population,water production (Domestic and Irrigation),consumption, and project future water demands (Domestic and Irrigation). Population and historical water production data (Domestic and Irrigation) will be provided by the City. Describe the City's Water Service Area. Identify any considerations related to the Water Service Area,water rights and/or proposed regulations (including fire flow, safe drinking water act,and reservoir storage). Update Chapter 3,Chapter 4,and Chapter 5 of the 2001 Plan. • System Analysis. Evaluate the ability of the City's existing water system to meet current and future demands(Domestic and Irrigation). This will include water quality, source, distribution,and control. Identify existing water resources available to the City and estimate future water resource needs. Utilize Quad-City information as appropriate. The updated City water system model will be used to identify any system deficiencies (undersized pipelines,areas of low or high pressure) at a Butterfield WTP production level of 30MGD. [2006,2013,and 2026 Maximum Day Demand,Peak Hour Demand, and Fire Flow Demand(at up to 3 fireflows under MDD-1 in each pressure zone)]. The updated model will also be used to develop system-wide improvements to serve the City's population increase and anticipated growth areas during the planning period (2013 and 2026). The Irrigation System will not be modeled.Prepare map and/or exhibit with recommended water main extensions(with preliminary sizing) to serve anticipated growth areas. Build on previous studies looking at utility extensions into potential growth areas. Using up to 300 residential customers in twelve sections of the City, identify typical outdoor water usage. Identify all commercial and industrial users which have high consumptive use. Review and make recommendations regarding water rates for consumptive use. Conduct an evaluation of the need to construct a water treatment supply source in the West Pasco Area. Investigate a modular package conventional filtration plant and modular membrane filtration plant as possible options. Potential modular units (3MGD- CITY OF PASCO WATER SYSTEM PLAN UPDATE 1 OF 3 CH2M HILUCITY OF PASCO WATER SYSTEM PLAN UPDATE SCOPE OF SERVICES 6MGD), project capital and O&M costs, potential site(s), and advantages, disadvantages and challenges of this type of system would be identified. Use the updated domestic water system model to evaluate the impact of the alternate water treatment supply source (6MGD),while operating the Butterfield WTP at 24MGD, on the distribution system(2013 and 2026). An alternate map and/or exhibit,with recommended water main extensions (with preliminary sizing) to serve anticipated growth areas, will be prepared. A cost comparison of the options will be prepared. Update Chapter 6, Chapter 7, and Chapter 8 of the 2001 Plan. • Water Conservations Program,Water Rights Analysis,System Reliability, and Interties. Work with the City Engineering staff to summarize water right statistics. Perform an evaluation of the Quad-City Water Rights for all Cities (Water Balance). Identify the role that water conservation plays in managing the City's water system. Update water conservation data from 2001 Plan and the Quad-City Plan, and incorporate additional WDOH requirements and Municipal Water Law requirements. Consider wastewater reuse potential in terms of impact on system demands. Review flows returned back to the Wastewater Treatment Plant and to the Columbia River. Identify areas of concern to be addressed in the future update of the Wastewater Comprehensive Plan. Incorporate applicable information into Chapter 6 of the 2001 Plan. • Operation and Maintenance. Provide an analysis of the City's existing operation and maintenance, emergency response, and cross connection control programs. The City will furnish a copy of the previously approved plans, including the existing operation and maintenance, emergency response, and cross connection control programs. Update Chapter 11 of the 2001 Plan. • Capital Improvement Program. Prepare an implementation schedule for the improvements needed over the next six years. Provide a discussion of projects that may be required over the next 20 years. Update Chapter 9 of the 2001 Plan. • Financial Program. Update the current and approved utility financial plan. Work with the City Financial Department to coordinate rate information. Update Chapter 10 of the 2001 Plan. • Supporting Appendices. Include in the plan update pertinent supporting documents such as copies of water rights,cross connection control program,water quality test results, detailed opinions of probable project costs, distribution facilities design and constructions standards,and a SEPA checklist. CH2M HILL will prepare a draft SEPA checklist. • Meetings. Attend up to ten (10) daytime meetings with the City. Attend two (2)planning meetings with WDOH in Spokane. Attend up to three (3) City council meetings to present the plan and be available for Q&A. • Review and Comments. Provide three (3)copies of a draft plan update to the City for their review and comment. After incorporating the City's review comments, submit copies to WDOH and other interested agencies (not to exceed 5) for review and comment. Incorporate WDOH and other comments, as applicable,prior to resubmitting to the City for Council adoption. After Council adoption, WDOH and WDOE final approval, provide ten copies of the completed plan update. Provide electronic version of final plan update. CITY OF PASCO WATER SYSTEM PLAN UPDATE 2 OF 3 CH2M HILUCITY OF PASCO WATER SYSTEM PLAN UPDATE SCOPE OF SERVICES ■ Regional Coordination. After preparing a draft plan,work with the City and other Cities to assure the plan is coordination with the other Water Comprehensive Plan and approval by October 2009. CITY OF PASCO WATER SYSTEM PLAN UPDATE 3 OF 3 CH2M HILL/CITY OF PASCO WATER SYSTEM PLAN UPDATE HOURLY RATE SCHEDULE EXHIBIT B CITY OF PASCO WATER SYSTEM PLAN UPDATE Hourly Rate Schedule Staff Hourly Rate • Tony Krutsch • 190.00 • Joe Foote • 120.00 • Dave Stangel • 154.00 • Ed Thomas • 123.00 • Dennis Kendall • 76.00 • Jo Foglesong • 64.00 • Caroline Garcia ■ 72.00 CITY OF PASCO WATER SYSTEM PLAN UPDATE AGENDA REPORT NO. 09 FOR: City Council DATE: March 5, 2007 TO: Gary Crutchfield, City Manager Workshop Mtg: March 12, 2007 FROM: Robert J. Albert or;Public Works SUBJECT: "A" Street Road Standards from Oregon Avenue to SR-12 I. REFERENCE(S): 1. Vicinity Map 2. Section Maps I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/12/07: Discussion: III. FISCAL IMPACT: "A" Street is both an arterial street and a truck route, which connects Oregon Avenue with SR-12. Over the years a portion of"A" Street going east of Oregon Avenue has been widened to 62 feet, which can accommodate a five lane road section. It has been staff s understanding that this five lane road section would eventually go all the way to SR-12. With the construction of Billing Street there is now a new truck route connecting"A" Street to Lewis Street and the Lewis Street/SR-12 Interchange. The construction of the new truck route has raised the question if a five lane road would be appropriate between Billing Street and SR-12. Staff believes that the road section going east of Billing Street could be narrower to accommodate either three or four truck lanes in the future. Another issue is that bicyclists need to be accommodated. Bicycle lanes were constructed years ago and are identified in the City's Bicycle Plan. Staff recommends that the standard width for"A" Street east of Billings Street be reduced from 62 feet to 52 feet, with a separate 8 foot bicycle path in the south right-of-way. Staff also recommends the right-of-way requirements be reduced from 100 feet to 80 feet. IV. HISTORY AND FACTS BRIEF: V. ADMINISTRATIVE ROUTING Project File 3(d) II o H 0 z im i F� G~ 9 S 4 aAV I GO a a& pip OS 395 O*' I o a t N ti im 3AV WDZ 9E QVO 9 TF- ff 1 4- il • "QVOII W _ �r tun) N H O a I a U) O E-+ U w 0 W w CD z z o W W J T m N W O W W LL- o w w W W W � Z z w W z Q Q w Li w w U� U Q O O _ 0 - O a rIK n _ a W w w N Y Y N Q1 m U O E- 0 � z � W w O �g Q N Z N Z z a O O o Q o C ~ W z w w W 0 �y O N Z Z L1_ 1-I g Z U) O E--i � D O w w U N Z W w 5 U� O O LLJ LL- C-4 LL. N W E-4 CL W U z L� W W W W � Z � � 5 Z X o U� co w Un N W X> Q a W Ld Z Q z W — z � z (,n x �, Q o W AGENDA REPORT NO. 07 FOR: City Council DATE: March 5, 2007 TO: Gary Crutchfield, City Manager Workshop Mtg: March 12, 2007 Regular Mtg: March 19, 2007 FROM: Robert J. Alberts A ec�tor, Public Works SUBJECT: Water Rights Transfer Agreement with Paul and Leah Miller I. REFERENCE(S): 1. Water Rights Transfer Agreement 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/12/07: Discussion: 3/19/07: MOTION: I move to approve the Water Rights Transfer Agreement with Paul and Leah Miller and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Paul and Leah Miller have owned the farm land east of SR 395 and north of Hillsboro Street for several years. In 1998, they participated in the installation of water pipeline that extended northerly through their property. When the Hillsboro Interchange was constructed, they participated in installing dry sewer pipelines. When the Hillsboro Interchange was completed, a portion of the farmland, approximately 43 acres, was no longer farmable. This raised an issue regarding the water rights on the 43 acres and the State relinquishment requirements if the water is not used for five years. Staff had anticipated the need to negotiate an agreement for the water rights and the need for a sewer lift station in order for the system that was installed with Hillsboro Interchange active. Staff showed the installation of a lift station in the City CIP Program for 2008. The proposed agreement transfers the associated water rights for the 43 acres in exchange for a sewer pump station being constructed in 2007. The agreement also clarifies the future transfer of water rights as the remaining farm land develops up to 2040. Staff recommends Council approve the agreement and authorize the Mayor to sign. V. ADMINISTRATIVE ROUTING Project File 3(e) WHEN RECORDED RETURN TO: City of Pasco,Washington Engineering Department 525 North 3rd Avenue ORIGINAL Pasco WA 99301 WATER RIGHTS TRANSFER AGREEMENT THIS WATER RIGHTS TRANSFER AGREEMENT dated this day of March 2007, is between THE MILLER LIVING TRUST, dated the day of , PAUL MILLER and LEAH MILLER, Trustees, of 585 Dogwood Road, Pasco, WA 99301, hereinafter referred to as "Grantor", and the City of Pasco, Washington, a Municipal Corporation, located at 525 North 3rd, Pasco, Washington 99301, hereinafter referred to as "City"enter into this Agreement to transfer certain water rights according to the following terms and conditions. IN CONSIDERATION of the mutual covenants contained herein, and other valuable consideration, receipt of which is hereby acknowledged,the Parties agree as follows: 1. Transfer of Water Rights. Grantor shall convey, transfer and assign to the City in two phases the water rights certificated by the State of Washington under Certificate No. G3-20250 (Qi=1300gpm, Qa=520 ac-ft), recorded as Franklin County Auditor's number 437645 as follows: A. The initial immediate transfer of approximately 43.2 acres (33%) of the water right covered by the water certificate, being a proportional share of the quantity of water as certificated. The conveyance shall occur through the appropriate procedures required by the State of Washington, and the Grantor agrees to sign and execute all appropriate petitions, applications, and documents to effectuate the transfer. The process shall start with a Request for Administration Confirmation of Division of a Water Rights (Ecology POL 1070). Said request, applications or petitions shall be executed within ten(10) days of the date of the execution of this Agreement. Grantor shall cooperate with and use best efforts for the transfer to be completed, the parties recognizing that the Department of Ecology of the State of Washington is the approval authority concerning the transfer and division of a water right. The parties recognize that complete failure of the division or transfer would be a failure of consideration for this Agreement. The approximate 43.2 acres of water right, concerns the water rights on the 43.2 Water Rights Transfer Agreement - I acres as described and indicated on the map attached hereto, and incorporated herein, being Exhibit "A." B. The remaining approximate Sixty Six and six-tenths acres (66.6) of the water rights covered by the above described certificate shall be transferred to the City as the property described in Exhibit "A" is developed and requiring water and sewer service from the City as evidenced by issuance of a building permit, site plan, short plat or subdivision, but in no event later than January 1, 2040. Said transfer shall be performed in a like manner as described in paragraph 1A. The 66.6 acres of water rights and the transfer thereof pursuant to this paragraph shall occur as the currently-served 66.6 acres of land, as depicted on Exhibit "A", is developed. C. For purposes of clarity, the portion of the water certificate transferred to the City pursuant to this Agreement covers approximately 43.2 acres. The water rights referred to in Paragraph 1B above being approximately 66.6 acres, which are subject to further transfer on a parcel bases as development occurs will be transferred as and when required to the City pursuant to the Pasco Municipal Code for utility service. 2. Representation of Grantor. Grantor warrants: A. To the best of Grantor's knowledge, Grantor has full unencumbered rights to the Certificate identified in Section 1 above and subject to the requirements of the State of Washington and other governmental authorities for the transfer of certificated water rights, has the authority to transfer and convey the interest described in paragraph 1 A and agrees to execute all documents necessary to effectuate such transfer. B. Grantor is unaware of any defects in the exercise of the rights granted under the Certificate. To the best of Grantor's actual knowledge, there are no pending claims or actions against the Grantor arising out of any alleged failure to comply with any federal, state, or local law or regulation as it relates to the water well servicing the above groundwater certificate. 3. Consideration. In consideration of the transfer and assignment of the portion of the above-described certificate, as described in Section I above and the proposed assignment as set forth in Section 1 B above, the City shall: A. Waive all frontage charges and area charges assessed by the City pursuant to its City code, for purposes of hooking up to sewer facilities. The City acknowledges that there already exists a waiver of water system front footage charge as required by PMC 3.07.160 (g) (2) and square foot charge as provided in PMC 3.07.160(h) (2). Water Rights Transfer Agreement -2 B. This assignment shall constitute full compliance by Grantor with PMC 13.36.070. C. The parties agree that the approximate 43.2 acres of water right transferred by this Agreement and the approximate 66.6 acres of water right that will be transferable as and when needed to the City of a parcel by parcel basis shall be usable and/or transferable for purposes of supplying water within the City. The City agrees to make available domestic water for commercial and industrial development purposes equivalent to the amount of water rights transferred for each parcel. D. The City shall, at its sole expense, construct, install and maintain a sewer lift station in the vicinity of Hillsboro Street as a part of the City's sanitary sewer system capable of receiving sewage discharge from commercial or industrial uses to be developed upon properties owned by the Grantor and the City, within the Northeast quarter of Section 17, Township 9 North, Range 30 E.W.M., Franklin County, Washington. The sewer lift station shall be constructed by December 1, 2007, upon real property described in Exhibit "A", at a site and site size mutually agreed upon by both parties. 4. Grantor's Right of Continued Use and Contingencies. Grantor shall retain full rights to the exclusive use and possession of the remainder of the water right and the premises served thereby together with the water well identified as the source/diversion point for such water right for continued agricultural purposes. The retention of the approximate 66.6 acres of said right and transfer thereof shall be pursuant to paragraph 1 B above, with the water well being transferred to the City when the last ten (10) acres of water right of the above referred to certificate is made to the City pursuant to the provisions of paragraph 1B above or when any residential development is requested by the Grantor and approved by the City. The water well to be transferred is that well identified in the water certificate, and will include the real property upon which the well is situated consisting of access to and from said well and the well itself being within a 50-foot by 50-foot square of land and shall further include the associated pumps, panel, and electrical conduit associated therewith, all of which will be transferred to the City in its "as-is" condition. For purposes of clarity, City acknowledges and agrees that the irrigation circle pivot, the irrigation circle pivot point, tower, and all attendant parts and accessories together with the real property upon which the irrigation center pivot point is situated remain the property of the Grantor, and said equipment and property point are not part of the well site referred to herein. 5. Onsite Sewer and Water Development. Grantor acknowledges that the Grantor bears the responsibility of extending any additional water and sewer pipelines to serve any lot, parcel or development upon the real property covered by the certificate at the developer's sole cost and in accordance with the City's specifications and requirements. Water Rights Transfer Agreement -3 6. General Provisions. For the purpose of this Agreement, time is of the essence. This agreement shall go with the property in the event of any sale. In the event of a dispute which cannot be resolved by good faith efforts of the Parties, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be awarded as additional judgment against the other its reasonable attorney fees and costs. DATED this day of , 2007. CITY OF PASCO, WASHINGTON GRANTOR- THE MILLER LIVING TRUST Joyce Olson Paul H. Miller Mayor Trustee Leah Miller Trustee Water Rights Transfer Agreement -4 STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me JOYCE OLSON, Mayor of the City of Pasco, Washington, known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. SUBSCRIBED and Sworn to before me this day of 52007. Notary Public in and for the State of Washington Residing at My commission expires on STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me PAUL H. MILLER and LEAH MILLER, Trustee of the MILLER LIVING TRUST, known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. SUBSCRIBED and Sworn to before me this day of , 2007. Notary Public in and for the State of Washington Residing at My commission expires on Water Rights Transfer Agreement -5 1! a ;r z 4'. r-.. •�Y:ME' t vim.�' '>".�" '�Y:y4"r�'WR�.i R:;af'#'-. i R :9D k t :. a `?'a fill a lw Ake ..Md .. . AGENDA REPORT NO. 08 FOR: City Council DATE: March 5,2007 TO: Gary Crutchfield, City Manager Workshop Mtg: March 12, 2007 Regular Mtg: March 19, 2007 FROM: Robert J. Alberts&r;-Public Works SUBJECT: DOE Stormwater Grant Agreement I. REFERENCE(S): 1. Grant Agreement 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/12/07: Discussion: 3/19/07: MOTION: I move to approve the DOE Stormwater Grant Agreement and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: The City has received a $75,000 Stormwater Grant from the Department of Ecology (DOE). The City has negotiated this Grant Agreement with DOE for Project Administration/Management, Public Education and Outreach,to develop a Stormwater Management Plan and Procedures, and Staff Training. Staffs intention is to fold in the cities of Kennewick and Richland into this outreach program to have a more regional approach. The grant comes with several conditions, which will require staff time and a potential need to hire a consultant. Staff recommends Council approve the Stormwater Grant Agreement and authorize the Mayor to sign. IV. HISTORY AND FACTS BRIEF: V. ADMINISTRATIVE ROUTING Project File 3(fi) SIGNATURE AUTHORIZATION FORM FOR GRANT/LOAN RECIPIENTS Department of Ecology Water Quality Program W2 PO Box 47600 Olympia, WA 98504-7600 W E S H I M D T 0 T A T E Phone: (360)407-6600 D E P G A T tR E & T T D F E C O L O G Y FAX: (360)407-7151 Name of Organization Date Submitted City of Pasco March 20, 2007 Project Title Agreement Number Pasco Stormwater Phase II 00700044 Implementation AUTHORIZING SIGNATORY Signature Print ' Title/Term of Office Joyce Olson Mayor AUTHORIZED TO SIGN AGREEMENT AMENDMENTS Signature Print Title Robert J. Alberts Public Works Director AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT Signature Print Title Robert J. Alberts Public Works Director ECY 070-206 (Rev. 01/2006) Ecology is an equal opportunity agency. Q STAPE, �4 n a v a — x 18'89 STATE OF WASHINGTON RECEIVED DEPARTMENT OF ECOLOGY a PO Box 47600 o Olympia, VVA 98504-7600 o 360-407-6000 FED ��D' ZOO/' TT V 711 or 800-833-6388 (for the speech or hearing impaired) PUBLIC WORKS NO.I February 21, 2007 Mr. Doyle L. Heath, P.E. Utility Engineer City of Pasco PO Box 293 Pasco, WA 99301 Re: Phase II Municipal Stormwater Grants Program Ecology Grant Agreement No. G0700044 Dear Mr. Heath: Enclosed are three unsigned copies of the above-referenced agreement between the Department of Ecology and the City of Pasco for the Pasco Stormwater Phase II Implementation project. Please carefully review the grant agreement including the project scope of work, budget, and special conditions and if all is acceptable, have Robert Alberts sign the enclosed three originals of the grant agreement, then return all three to me. One fully-executed original will be returned to you after signature by our Program Manager. This agreement will be final upon the date of signature by the Water Quality Program Manager. Once effective, costs may be incurred against the project. Also enclosed is a Signature Authorization Form. Please have all necessary staff sign and then return to me. If you should have any questions, please call me at (360) 407-6541. Sincerely, Lori astabrook Grant and Loan Financial Manager Water Quality Program Enclosures cc: David Duncan, Ecology, ERO/WQ PHASE II MUNICIPAL STORMWATER GRANTS PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF PASCO THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology, hereinafter referred to as the "DEPARTMENT", and the City of Pasco, hereinafter referred to as the RECIPIENT. The purpose of this agreement is to provide funds to the RECIPIENT to carry out the requirements described herein. PART I. GENERAL INFORMATION Project Title: Pasco Stormwater Phase II Implementation Grant Number: G0700044 RECIPIENT Name: City of Pasco Mailing Address: P.O. Box 293 Street Address: 525 North 3`d Avenue Pasco, WA 99301 RECIPIENT Contact: Doyle L. Heath, RE, Utility Engineer Robert J. Alberts, P.E., Public Works Director Telephone Number: (509) 545-3444 Fax Number: (509) 543-5737 E-Mail Address: heathd @ci.pasco.wa.us RECIPIENT Billing Contact: Robert J. Alberts, P.E.,Public Works Director Telephone Number: (509) 543-5738 Fax Number: (509) 543-5737 E-Mail Address: valdezj @ci.pasco.wa.us RECIPIENT Federal ID Number: 91-6001264 DEPARTMENT Project Manager: David J. Duncan Mailing Address: Washington State Dept. of Ecology Street Address: 4601 North Monroe Street Spokane, WA 99205-1295 Telephone Number: (509) 329-3554 Fax Number: (509) 329-3570 E-Mail Address: ddun461 @ecy.wa.gov Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 DEPARTMENT Financial Manager: Lori Eastabrook Mailing Address: Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Telephone Number: (360)407-6541 Fax Number: (360)407-7151 E-Mail Address: loea461 @ecy.wa.gov DEPARTMENT Funding Source: Stormwater Phase II Local Toxics Control Account (FY06) Total Cost: $75,000 Total Eligible Cost: $75,000 DEPARTMENT Share: $75,000 RECIPIENT Share: $0 DEPARTMENT Maximum Percentage: 100 percent The effective date of this grant agreement shall be the date this agreement is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of this agreement will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no later than December 31,2009. PART II. PERFORMANCE MEASURES A. Post Project Assessment: The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of eventual environmental results or goals from the project. The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post Project Assessment Survey approximately sixty (60) days prior to the Post Project Assessment Date. An example of the Post Project Assessment Survey is included as Attachment 1. This form is to be completed by the RECIPIENT and sent as an e-mail attachment to the DEPARTMENT's Project Manager and the DEPARTMENT's Water Quality Program Performance Measures Lead. The DEPARTMENT may conduct on-site interviews and inspections, and may otherwise evaluate the Project. The DEPARTMENT will enter the information provided into its Page 2 of 10 Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 performance measures database to be provided to the Washington State Legislature, United States Environmental Protection Agency, and other natural resource agencies. The Performance Measures Lead will be available as needed during negotiations, throughout the project, and in the post project assessment period as a resource. Post Project Assessment Date: December 31, 2011 B. Water Quality Goal: Regulatory compliance achieved to address the National Pollutant Discharge Elimination System(NPDES) Phase II Municipal Stormwater Permit requirements. C. Outcomes: The outcome of this project is to help ensure that the RECIPIENT is in compliance with the implementation schedule of the NPDES Phase II Municipal Stormwater Permit. D. Project Milestones: 1. Implement a public education and outreach program. 2. Develop a stormwater management plan. 3. Provide staff training. 4. Develop stormwater management procedures. PART III. PROJECT DESCRIPTION The RECIPIENT will initiate the implementation of the National Pollutant Discharge Elimination System and State Waste Discharge General Permit for Discharges from Small Municipal Separate Storm Sewers in Eastern Washington. The RECIPIENT will implement and establish best management practices (BMPs) as a part of the six (6)minimum control measures in the Permit. This includes a wide variety of tasks such as training of employees, writing and updating plans and/or the municipal code, implementation of plans and/or the municipal code(i.e., field work and paperwork), and various capital items including, for example, source control activities,public education materials, or other similar items. Page 3 of 10 Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 PART IV. PROJECT BUDGET Pasco Stormwater Phase II Implementation ELEMENTS TOTAL ELIGIBLE COST (TEC)* Task 1 —Project Administration/Management $ 5,000 Task 2—Public Education and Outreach $10,000 Task 3 —Develop a Stormwater Management Plan $40,000 Task 4—Provide Staff Training $10,000 Task 5 —Develop Stormwater Management Procedures $10,000 Total $75,000 * The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS (There are no matching requirements in this program) DEPARTMENT Share FY 06 (100% of TEC) $75,000 (Washington State Legislative 2005-07 Capital Budget,Section 325(3)) Payment Request Submittals. Payment requests shall not be submitted more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Payment Schedule. Payments will be made on a cost-reimbursable basis. PART V. SCOPE OF WORK The RECIPIENT shall ensure that this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project related work. The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for Page 4 of 10 Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 billing purposes. The RECIPIENT shall submit a copy of the final negotiated agreement(s)to the DEPARTMENT's Financial Manager. Task 1 - Project Administration/Management A. The RECIPIENT shall administer the project. Responsibilities shall include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; attainment of all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT shall manage the project. Efforts shall include conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees,the DEPARTMENT, all affected local, state, or federal jurisdictions, and/or any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. C. The RECIPIENT shall submit all invoice voucher submittals and supportive documentation, to the DEPARTMENT's Financial Manager. Invoice voucher submittals shall include a State of Washington Invoice Voucher Form A 19-1 A, Form B2 (ECY 060-7), Form C2 (ECY 060-9),and Form D (ECY 060-11). Form G(ECY 060-14), Form E (ECY 060-12), Form F (ECY 060-13), Form H (F-21), and Form I(ECY 060-15) must be completed where eligible costs have been incurred. Copies of all applicable forms shall be included with an original Al9-1A, and shall be submitted the DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients of Ecology Grants and Loans. D. The RECIPIENT shall submit to the DEPARTMENT's Project Manager the following documents and in the quantities identified: • Draft project completion reports—three copies • Final project completion reports—seven copies • Electronic copy of final project completion report The RECIPIENT shall submit two copies of any document(s)which require DEPARTMENT approval. Once approval is given, one copy will be returned to the RECPIPIENT. If the RECIPIENT needs more than one approved copy, the number of submittals should be adjusted accordingly. Page 5 of 10 Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 E. Required Performances: 1. Effectively administer and manage this grant project. 2. Maintain all project records. 3. Submit all required performance items,progress reports, financial vouchers, and maintenance of all project records. Task 2—Public Education and Outreach A. Provide public education and outreach to the public, businesses, engineers, and contractors about the importance of improving water quality,preventing illicit discharges, the minimum technical requirements identified in Appendix 1 of the NPDES Permit(the Permit) for Eastern Washington, and the requirements of the Stormwater Management Manual for Eastern Washington including the Best Management Practices (BMPs) within the first three years of the Permit. B. Required Performance: 1. The RECIPIENT shall provide the DEPARTMENT's Project Manager with one (1) copy of any tangible educational products developed under this grant, such as brochures, manuals,pamphlets, videos, audio tapes, CDs, curriculum,posters, media announcements or gadgets, such as a refrigerator magnet with a message. The RECIPIENT shall also supply the DEPARTMENT with the names and contact information of local project leads, and a computer file copy of an education product either on floppy disks or CD-ROM. If this is impractical, as in the case of a sign, display, website, workshop, or educational program, the RECIPIENT shall provide a complete description including photographs or printouts. This includes technical assistance tools if they are disseminated to a group. 2. The RECIPIENT shall produce all pamphlets, fliers, meeting notices, reports, and other educational and public outreach materials in English and in Spanish. Task 3—Develop a Stormwater Management Plan A. Develop, with public input, and adopt a Stormwater Management Plan by review of the existing ordinance and making changes as necessary, including escalating enforcement provisions, within two years of the Permit issuance. Page 6 of 10 Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 B. Required Performance: Provide the Stormwater Management Plan to the public via the RECIPIENT's website by May 31, 2008, and update as changes are made. Task 4—Provide Staff Training A. Provide information for training to engineers, contractors, developers, and provide training for review staff,planners and other City department employees in relation to their duties in improving water quality, identifying and preventing illicit discharges and following the requirements of the Manual and the Permit on the schedule specified in the Permit. B. Required Performance: Provide the DEPARTMENT's Project Manager a copy of the training information. Task 5—Develop Stormwater Management Procedures A. Develop and implement procedures for record keeping, assessment, characterization of areas, investigations, enforcement, reporting of discharge, and annual reporting as required in the Permit. B. Required Performance: Provide the DEPARTMENT's Project Manager with a copy of the stormwater management procedures. PART VI. SPECIAL TERMS AND CONDITIONS A. Commencement of Work. In the event that the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work,the DEPARTMENT reserves the right to terminate this agreement. B. DEPARTMENT Funding Reco nig tion. The RECIPIENT shall acknowledge and inform the public about DEPARTMENT funding participation in this project through the use of project signs and/or acknowledgement in published materials and reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from the DEPARTMENT upon request. Page 7 of 10 Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 C. Meetings/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for light refreshments associated with this project. The total amount spent for light refreshments under this agreement cannot exceed $500. D. Minority and Women's Business Participation. The Office of Minority and Women Owned Business Enterprises (OMWBE)has established voluntary goals for the participation of minority- and women-owned business in procurements made with DEPARTMENT funds. In accordance with the provisions of I-200, no contract award or rejection shall be made based on the achievement or non-achievement of the goals. Achievement of the goal is encouraged; however, the RECIPIENT and all prospective bidders or persons submitting qualifications must take the affirmative steps set forth in the grant agreement in procurement. It is a state and national goal to expand opportunities for minority- and women-owned business enterprise. The RECIPIENT is therefore encouraged to use minority- and women-owned banks (as defined by OMWBE). The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE)businesses in purchases and contracts initiated after the effective date of this agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT's goals for minority- and women- owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10%MBE 6% WBE Architecture/Engineering 10%MBE 6% WBE Purchased Goods 8%MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10%MBE 4% WBE The RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this agreement: 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by qualified minority and women's businesses. Page 8 of 10 Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce as appropriate. By signing this agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. E. Progress Reports. The RECIPIENT shall prepare and submit quarterly progress reports to the DEPARTMENT's Financial Manager. Progress reports shall be submitted regardless of whether work is performed or not. Progress reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. The DEPARTMENT will not process payment requests until the corresponding progress reports have been received. At a minimum,progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for the delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. PART VII. ALL WRITINGS CONTAINED HEREIN This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's current edition of Administrative Requirements for Recipients of Ecology Grants and Loans ("Yellow Book'), and the Phase II Municipal Stormwater Management Grants -Program Guidelines FY 2006 contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth or incorporated by reference, herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force or effect unless signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the Page 9 of 10 Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 DEPARTMENT may redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective staff contacts without the concurrence of either party. IN WITNESS WHEREOF, the parties hereby execute this Grant: STATE OF WASHINGTON CITY OF PASCO DEPARTMENT OF ECOLOGY PUBLIC WORKS DEPARTMENT DAVID C. PEELER DATE ROBERT J. ALBERTS DATE WATER QUALITY PROGRAM MANAGER PUBLIC WORKS DIRECTOR APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL (Revised 8/17/05) Page 10 of 10 Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 ATTACHMENT 1 WATER QUALITY PROGRAM- FINANCIAL MANAGEMENT POST PROJECT ASSESSMENT SURVEY 1. Agreement Number: 2. Recipient Name: 3. Project Name: 4. Years Since Project Completion: ❑ Three ❑ Four ❑ Five ❑ Other(please specify): 5. Contact Information: Contact Name: Contact Phone Number: Contact E-mail Address: 6. Level of Involvement by Present Contact on Project: 7. Type of Project(check both if applicable): ❑ Activity ❑ Facility 8. Financing: Total Project Cost: Total Eligible Project Cost: Ecology Loan Amount: If Applicable, Ecology Grant Amount: 9. Water Quality and/or Compliance Problem: ATTACHMENT 1 -Page 1 of 2 Pasco Stormwater Phase II Implementation City of Pasco Grant No. G0700044 10. Describe the Most Critical Specific"Project Result(s)" or"Outcome(s)"actually achieved by the Project: 11. Provide documentation(including digital color pictures) that evidence the continued maintenance and effectiveness of the Project at the time of this survey: 12. Check the Eventual Environmental Result(s) or Goal(s) substantively addressed or achieved by the Project: ❑ Designated beneficial uses restored or protected, and/or ❑ Regulatory compliance achieved, and/or ❑ Severe Public Health Hazard or Public Health Emergency eliminated. 13. Describe the status of the Eventual Environmental Result(s) or Goal(s) at the time of this assessment: 14. Describe subsequent work and ongoing efforts needed to achieve the Eventual Environmental Result(s) or Goal(s)by you and others in the area: ATTACHMENT 1 - Page 2 of 2 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless specifically authorized in writing by the DEPARTMENT. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The 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. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional-architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction,the RECIPIENT-shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The 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. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws,the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. 1 Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State-of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records,the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT 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 years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments& Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends$300,000 or more in a year in Federal funds. The$300,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENTS response and the final corrective action plan to the DEPARTMENT within ninety(90)days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within twenty (20)days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project,or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and certified as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Budget deviation. Deviations in budget amounts are not allowed without written amendment(s)to this agreement. Payment requests will be disallowed when the RECIPIENT's request for reimbursement exceeds the State maximum share amount for that element, as described in the Scope of Work. 3. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 4. Final Request(s) for Payment. The RECIPIENT must submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 2 5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent(10%) of each reimbursement payment as security for the RECIPIENT's performance and a financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s)charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT 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 the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the-next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however,that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent 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 the DEPARTMENT. 3 M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the. DEPARTMENT 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. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Public_ations. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s)to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost,stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. . Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement,the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The 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 contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT 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. N. RECYCLED/RECYCLABLE PAPER All documents and materials published under this agreement shall be produced on recycled paper containing the highest level of post consumer and recycled content that is available. At a minimum, paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever possible, all materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or hypochlorite. As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of glossy or colored paper and other items which reduce the recyclability of the document. O. RECOVERY OF PAYMENTS TO RECIPIENT . The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason,to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required 4 to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent(12%) per annum from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this.agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder,the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall 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. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall 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. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. 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. 5 V. 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)Scope of Work; (c) Special Terms and Conditions; (d)Any terms incorporated herein by reference including the"Administrative Requirements for Ecology Grants and Loans"; and (e)the General Terms and Conditions. SS-010 Rev. 05/02 6