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HomeMy WebLinkAbout2021.06.14 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, June 14, 2021 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode is: (562) 247-8422 and use access code 465-398-545. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION 4 - 17 (a) 2021 Washington State Legislative Session Update Presented by Briahna Murray, Vice President Gordon Thomas Honeywell Governmental Affairs (GTH) 18 - 31 (b) Resolution - 2022-2027 Six-Year Transportation Improvement Plan 32 - 36 (c) Ordinance - Budget Adjustment for Chapel Hill Park Construction 37 - 54 (d) Resolution - Second Restated Interlocal Cooperation Agreement for BiCounty Police Information Network (BI-PIN) 55 - 97 (e) Resolution - Professional Services Agreement with MacKay Sposito for Design Engineering Services for Lewis Street Corridor (2nd to 5th Ave) Improvements Project Page 1 of 151 98 - 106 (f) Resolution - Professional Service Agreement (PSA) Amendment No. 3 with KPG for Construction Support Services for the Peanuts Park-Pasco Farmer's Market Project 107 - 145 (g) Resolution - WA State Department of Ecology $1.5M Loan Agreement - Process Water Reuse Facility (PWRF) Pretreatment, Phase 1 Design 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION 8. ADJOURNMENT 9. ADDITIONAL NOTES 146 - 151 (a) Adopted 2020-2021 Council Goals (Reference Only) (b) REMINDERS • Monday, June 14, 11:45 AM: Pasco Chamber of Commerce Membership Lunch Meeting – Pasco Red Lion Hotel • Tuesday, June 15, 4:00 PM: Pasco Public Facilities District Board Meeting – Council Chambers, Pasco City Hall (COUNCILMEMBER CRAIG MALONEY, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Wednesday, June 16, 5:30 PM: Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting – Clover Island Inn, Kennewick (COUNCILMEMBER RUBEN ALVARADO, Rep.; MAYOR SAUL MARTINEZ, Alt.) • Friday, June 18, 10:00 AM: Benton-Franklin Council of Governments Board Meeting – Ben-Franklin Transit, 1000 Columbia Park Trail, Richland (COUNCILMEMBER RUBEN ALVARADO, Rep., MAYOR PRO TEM BLANCHE BARAJAS, Alt.) • Monday, June 21, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – Ben Franklin Transit Main Conference Room (COUNCILMEMBER PETE SERRANO, Rep.) • Monday, June 21, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) Page 2 of 151 This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 3 of 151 AGENDA REPORT FOR: City Council June 10, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 6/14/21 FROM: Adam Lincoln, Deputy City Manager Executive SUBJECT: 2021 Washington State Legislative Session Update I. REFERENCE(S): 2021 Pasco Legislative Priorities 2021 end of Session PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presented by Briahna Murray, Vice President Gordon Thomas Honeywell Governmental Affairs (GTH) III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Ms. Murray, Ms. Cocci, also with GTH, along with the 9th and 16th District legislators provided a mid-term update at the February 17, 2021 Council workshop. V. DISCUSSION: Ms. Murray will provide an up-to-date report on the status of legislation with the State of Washington. Page 4 of 151 City of Pasco 2021 State Legislative Priorities MARTIN LUTHER KING COMMUNITY CENTER: Pasco requests $4 million to renovate MLK Community Center located in East Pasco. Built in 1976, this former school district facility was repurposed as a community center in 1990. The facility lacks ADA accessibility and functionality (physical and technological) as a community center and no longer meets the needs of a diverse and underserved community. Proposed improvements include renovation of the gymnasium, demo of the classrooms and replacement with a new center building integrated with the gymnasium. PROCESS WATER REUSE FACILITY: The City is in the process of identifying improvements to the Pasco Process Water Reuse Facility supports a growing agriculture processing cluster, regional farmers, and approximately 2,000 industry jobs. The City requests $200,000 to conduct and complete value planning with local food processors and other stakeholders to identify innovative, cost-effective and sustainable solutions for improvements that maximize value. PORT OF PASCO REIMANN INDUSTRIAL CENTER: The Port of Pasco has acquired a 300-acre parcel located between Highway 395 and Railroad Avenue one mile north of Pasco for development as a new industrial center to accommodate current and future demand. The City supports the Port of Pasco’s request for $3.5 million to fund the extension of utilities, roads, and other key infrastructure needed to develop the area. SR 395/OREGON AVENUE OVERLAY: The City requests $3 million to overlay SR 395/Oregon Avenue. WSDOT initially delayed this preservation project until other city improvements to the street were completed. Now that the City improvements are done, WSDOT has delayed their work indefinitely as part of a new department policy to no longer perform maintenance on state highways with a speed limit less than 45 mph. SR 395/SYLVESTER BIKE/PEDESTRIAN CROSSING: The City requests $4 million for a multimodal crossing over SR 395 at Sylvester Street. No bicycle/pedestrian exists at this location to connect the low-income neighborhoods on the west side of SR 395 to commercial businesses and essential services to the east. SR 12 SAFETY IMPROVEMENTS: The two at-grade crossings at SR 12 (A Street and Tank Farm Rd.) present immediate access safety concerns for residents and businesses. The City requests to secure funding to identify solutions to address these safety concerns. MENTAL HEALTH FUNDING: The Pasco community is experiencing increased homelessness, rising crime rates, and other public safety and health concerns. As such, the City requests increased funding for mental health services, including but not limited to additional local option tools, to best meet the community’s needs. Contact: Saul Martinez Mayor Dave Zabell City Manager (509) 545-3404 citymanager@ pasco-wa.gov www.pasco- wa.gov Page 5 of 151 The City of Pasco Supports/Opposes FINANCE/GENERAL GOVERNMENT State-Shared Revenues Pasco receives approximately $1.3 million annually from the state, categorized as “state-shared revenues.” The City urges the State to preserve and enhance these revenue streams. Local Control Pasco opposes any proposals that restrict, mandate, or otherwise interfere with the city’s ability to make local decisions. COVID-19 Response Pasco requests that if additional federal funds are allocated to the state to respond to COVID-19, that a portion of those funds be allocated to cities. Election of Judges Pasco opposes legislation mandating that part-time municipal court judges be elected rather than appointed. Labor Reform Pasco opposes legislation that increases labor costs. Pet Adoption PRA Exemption Pasco supports legislation that would create an exemption from the Public Records Act the disclosure of pet adoption information. INFRASTRUCTURE & ECONOMIC DEVELOPMENT Local Transportation Funding Pasco supports increased funding and tools for cities to fund the local transportation system. Lower Snake River Dams Pasco opposes the removal of dams along both the Columbia and Snake Rivers. Affordable Housing Pasco supports legislative proposals to address housing affordability and a diversity of housing. The City is completing a Housing Action Plan to address affordability locally. Economic Development Tools Pasco supports economic development tools, including tax increment financing, to spur development downtown and in key commercial corridors. Main Street Tax Credit Incentive Program Pasco supports legislation that improves the Main Street Tax Incentive Program. PUBLIC SAFETY Social and Criminal Justice Reform Pasco recognizes that black, indigenous, and people of color have historically been disadvantaged and underserved. Pasco encourages the State to enact reforms to our state’s criminal justice system. Pasco has taken bold steps to reform policing locally and calls on the state to follow suit. Basic Law Enforcement Academy Pasco supports funding at levels adequate to ensure newly hired officers can complete training through the Basic Law Enforcement Academy. Opioid Epidemic Pasco supports proposals that increase funding to address the opioid epidemic. Marijuana Laws Pasco supports policies that honor the City’s authority to ban marijuana within city-limits. LAND USE Pasco DNR Property Pasco will continue working collaboratively with DNR to develop the commercially-zoned properties west of Road 68. Pasco is opposed to DNR buying land within the City’s UGA and asks that DNR divest itself of the undeveloped land it currently owns within the UGA. Annexation Pasco supports incentives that encourage annexation, including utilizing utility extensions, and mechanisms that facilitate the annexation of unincorporated islands. Page 6 of 151 Briahna Murray & Holly Cocci GORDON THOMAS HONEYWELL GOVERNMENTAL AFFAIRS CITY OF PASCO 2021 LEGISLATIVE SESSION Page 7 of 151 PURPOSE Overview of the 2021 Legislative Session Outcome of 2021 City of Pasco State Legislative Priorities Additional Legislative Issues Next steps 2Page 8 of 151 OVERVIEW OF 2021 LEGISLATIVE SESSION First year of the two-year legislative biennium “Long” Session: lasted 105 days, virtual format Democrats held majority in both House of Representatives and Senate Total of 1,075 bills considered, 334 passed the Legislature Adopted operating, capital, and transportation budgets The “grand bargain” that fell apart 3Page 9 of 151 THE “GRAND BARGAIN” Low Carbon Fuel Standard Reduces carbon content of fuel; likely increase in the cost of fuel Cap and Invest Emitters get a permit for allowed amount of greenhouse gas emissions Can trade allowance with other emitters Generates significant revenue ($5 billion dedicated to transportation) Transportation Revenue Package Cap and Invest Revenue Gas Tax Additional fees 4Page 10 of 151 PASCO 2021 FUNDING REQUESTS 5 MLK Community Center –Funded at $1 million Process Water Reuse Facility –Industrial Symbiosis Grant Program established Reimann Industrial Center –$7.5 million, requires signed agreement with food processor + Tax Increment Financing Tri-Cities Behavioral Health Facility -$2.75 million allocated Transportation Requests –Included in transportation revenue package proposals ▪SR 395/Oregon Avenue Overlay ($3 million) ▪SR 395 Sylvester Bike/Ped Crossing ($4 million) ▪SR 12 Safety Improvements ($5 million)Page 11 of 151 CRIMINAL JUSTICE REFORM Over a dozen bills on police reform enacted. Dozens more were introduced. Changes in police tactics Civil use of force standard Duty to intervene New process for officer decertification Arbiter selection Office of Independent Investigations Audit use of force investigations Collection of use of force and other police data 6Page 12 of 151 RESPONSE TO THE BLAKE DECISION Statute making the possession of controlled substances a felony overturned in Blake Previous convictions will be resentenced Legislature developed a temporary policy (expires 2023) Law enforcement must refer to treatment at least two times before arrest Once arrested, prosecutor encouraged to utilize diversion programs Misdemeanor rather than felony Substance Use Recovery Services Advisory Committee Preliminary report due on December 1, 2021 Final report due on December 1, 2022 7Page 13 of 151 STATE SHARED REVENUES State-shared revenues fully funded and increased Cannabis funding Implementation funding for police reform Temporary fiscal flexibility approved 8Page 14 of 151 DEFEND LOCAL CONTROL Local control largely honored House Bill 1220 Requires housing element to be updated Preempts on the siting on emergency shelter Senate Bill 5235 Number of unrelated persons in a home Vetoed section on owner-occupancy requirement on ADUs 9Page 15 of 151 NEXT STEPS Lobbying is a year-round effort. Over the interim, we will focus on: Thanking 9th and 16th district legislators Engage in ongoing discussions on transportation revenue package Following the activities of the Redistricting Commission Recommendations on district boundaries due November 2021 Prepare for the 2022 session early and often 2022 Legislative Session Begins: January 10, 2022 10Page 16 of 151 QUESTIONS? Briahna Murray Vice President Cell: (253) 310-5477 E-mail: bmurray@gth-gov.com Holly Cocci Governmental Affairs Consultant Cell: (253) 509-2403 E-mail: hcocci@gth-gov.comPage 17 of 151 AGENDA REPORT FOR: City Council June 10, 2021 TO: Dave Zabell, City Manager Rick White, Director Community and Economic Development City Council Workshop Meeting: 6/14/21 FROM: Dan Ford, City Engineer Community & Economic Development SUBJECT: Resolution - 2022-2027 Six-Year Transportation Improvement Plan I. REFERENCE(S): Resolution 2022-2027 Six-Year Transportation Improvement Program Project Map PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: As part of the City’s effort to provide for the proper and necessary development of a functional transportation network, the City shall, as required by State law (RCW 35.77.010), develop and adopt annually a Six-Year Transportation Improvement Program (Six-Year TIP) with such program acting as a guide for the coordinated development of the City's transportation system. The Six -Year TIP of the City specifically sets forth those projects and programs of both City and regional significance that benefit the tra nsportation system and promote public safety and efficient multi-modal movement. The Six-Year TIP is consistent with the City's Comprehensive Plan and can be adopted following one or more public hearings before the City Council. Page 18 of 151 Projects identified in the Six-Year TIP qualify for Federal and/or State funding. The proposed plan includes all types of multi-modal transportation projects. These projects are depicted in the attached document(s). The proposed Six - Year TIP represents those projects that are anticipated to be needed within the next six years. Projects will be coordinated with available project funding along with associated utility projects and timing may be adjusted accordingly. Update of the Six-Year TIP and subsequent submission to the State are statutory requirements, and while our local program is not required to be fiscally constrained, the program should be realistic. The Council will see many of these projects again, incorporated with the annual Six-Year Capital Improvement Plan and the annual budgeting process in the coming months. This year's TIP update includes 49 projects, 5 projects from the previous plan are complete and have been removed, with 15 new projects being added from last year’s TIP. V. DISCUSSION: The TIP update discussion will provide the opportunity for Council to clarify the goals of ensuring private development continues to mitigate its impacts to the transportation system and that multi-modal transportation continues to be a focus for both public and private projects with a greater emphasis on connectivity from an access and walkability consideration as well as from a safety response perspective. Projects costs and time-frames identified in this Six-Year TIP are to be considered estimates only and may change due to a variety of circumstances. The projects included in the TIP are not intended by the City to be relied upon by property owners or developers in making development decisions as the plan is not financially constrained. Once adopted, the updated Six-Year TIP will be submitted to the Washington State Secretary of Transportation by the deadline of July 1, 2021 as required by the RCW. This plan will be presented to the public at a Special Council Meeting on June 28, 2021 in the form of a public hearing. Page 19 of 151 Resolution – 2022-2027 TIP - 1 RESOLUTION NO. 3967 A RESOLUTION OF THE CITY OF PASCO, ADOPTING THE 2022- 2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF PASCO FOR THE PURPOSE OF GUIDING THE DEVELOPMENT, DESIGN, AND CONSTRUCTION OF LOCAL AND REGIONAL TRANSPORTATIONS IMPROVEMENTS. WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive Street Program of each city and town, after public hearing thereon; and WHEREAS, the City shall annually review the work accomplished under this program and evaluate current City transportation needs and from these findings shall prepare and adopt a revised comprehensive transportation program before July 1 of each year; and WHEREAS, on [ ] the City held a public hearing on the revision and extension of the Comprehensive Street, Bike and Pedestrian Program, [receiving no comments / received and evaluated all comments]; and WHEREAS, it is now time to revise and extend the Comprehensive Street, Bike and Pedestrian Program as identified annually in the Six-Year Transportation Improvement Program (TIP); and WHEREAS, the City has determined, based on an assessment of the work accomplished under this program and the current City transportation needs, that this revised Comprehensive Street, Bike and Pedestrian Program adequately addresses the City’s future transportation needs NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City of Pasco hereby adopts the revision and extension of the Comprehensive Street, Bike and Pedestrian Programs for the ensuing six years as attached hereto as Exhibit A and labeled “Six-Year Transportation Improvement Program 2022-2027” incorporated by this reference as though fully set forth herein; and Be It Further Resolved that the Comprehensive Street, Bike and Pedestrian Programs shall be filed with the Benton-Franklin Council of Governments and the Washington State Department of Transportation. Page 20 of 151 Resolution – 2022-2027 TIP - 2 PASSED by the City Council of the City of Pasco, Washington this ___ day of June, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: Debra Barham Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 21 of 151 Map #PROJECT TITLE ROAD NAME BEGIN/END TERMINI PE ROW CONST Status Funding Secured Total Project Expense Year 2022 Year 2023 Year 2024 Year 2025 Year 2026 Year 2027 N/A Annual Pavement Preservation Program Ongoing Multiple Locations Multiple Locations $708,714 $0 $6,378,422 Ongoing Yes $7,937,136 $902,000 $1,000,000 $1,030,000 $1,060,900 $1,092,727 $1,125,509 2 Argent Road Improvements - Phase 2 Argent Road Road 36 Intersection $128,000 $0 $742,000 Ongoing Yes $870,000 $720,000 ----- 3 Argent Road Improvements - Phase 3 Argent Road Varney/Saraceno Way to Road 36 $539,000 $0 $4,000,000 Ongoing Yes $4,539,000 $283,100 $4,000,000 ---- 4 Argent Road Pedestrian / Bicycle Pathway Argent Road Road 68 / Road 70th Place $60,000 $0 $440,000 Ongoing Yes $500,000 $500,000 ----- 5 Burns Road Pedestrian / Bicycle Pathway - Phase 2 Burns Road Road 84 / Road 68 $23,000 $0 $111,000 Ongoing Partial $134,000 $134,000 ----- 6 Burns Road Pedestrian / Bicycle Pathway - Phase 3 Burns Road Road 90 / Road 84 $23,000 $0 $220,000 Ongoing Partial $243,000 $23,000 $220,000 ---- 7 Citywide Traffic Signal Improvements - Phase 2 Multiple Locations Multiple Locations $0 $300,000 $3,418,000 Ongoing Yes $3,718,000 $2,893,000 ----- 8 Court Street & Road 68 Intersection Improvements Court Street Road 68 $109,000 $130,000 $754,000 Ongoing Yes $993,000 $132,000 $757,000 ---- 9 Crescent Road Surface Improvement Crescent Road Broadmoor Apts / Road 108 $45,000 $0 $355,000 Ongoing No $400,000 --$45,000 $355,000 -- 10 Franklin County Irrigation District (FCID) Canal Bicycle/Pedestrian Pathway None Road 100 / Road 76 $90,000 $0 $780,000 Ongoing No $870,000 $90,000 $360,000 $420,000 --- 11 James Street Improvements James Street Oregon Ave / Frontier Lp $250,000 $0 $1,664,000 Ongoing No $1,914,000 $469,000 $1,434,000 ---- 12 Lewis Street Corridor Improvements Lewis Street 2nd Ave / 5th Ave $300,000 $0 $1,693,100 Ongoing Yes $1,993,100 $1,843,100 ----- 13 Lewis Street Overpass Lewis Street Oregon Ave / 2nd Ave $4,034,522 $4,079,311 $28,091,167 Ongoing Yes $36,205,000 $17,130,000 $1,371,000 ---- 14 Road 100 (North) Pedestrian / Bicycle Maintenance Road 100 I-182/ Burns Rd $30,000 $320,000 Ongoing No $350,000 $320,000 ----- 15 North Road 40 East Pathway Road 40 East Sacajawea Park / A Street $53,000 $50,000 $530,000 Ongoing No $633,000 --$103,000 $530,000 -- 16 Road 93 / Powerline Pathway Road 93 Vincenzo Dr / Burns Road $12,000 $0 $115,000 Ongoing No $127,000 --$12,000 $115,000 -- 17 Pedestrian / Bicycle Access Road 100 Interchange - WSDOT Partnership Road 100 Sandifur / St. Thomas Dr $120,000 $0 $2,200,000 Ongoing No $2,320,000 -$120,000 $2,200,000 --- 18 Pedestrian / Bicycle Access Road 68 Interchange - WSDOT Partnership Road 68 Chapel Hill Blvd / Burden Blvd $350,000 $0 $1,750,000 Ongoing No $2,100,000 -$100,000 $1,000,000 $1,000,000 -- 19 Pedestrian / Bicycle Access Sylvester Street Overpass - WSDOT Partnership Sylvester Street 32nd Ave / 28th Ave $300,000 $0 $3,700,000 Ongoing No $4,000,000 $300,000 $1,500,000 $2,200,000 --- 20 Road 100 (South) Widening Road 100 Court Street / Chapel Hill Blvd $157,500 $350,000 $542,500 Ongoing No $1,050,000 --$150,000 $900,000 - 21 Road 76 Overpass Road 76 Chapel Hill Blvd / Burden Blvd $1,500,000 $500,000 $36,500,000 Ongoing No $20,000,000 ---$300,000 $1,200,000 $18,500,000 22 Sandifur Parkway Extension - Phase 1A Sandifur Parkway Road 102 $860,000 $0 $3,440,000 New No $4,300,000 $1,600,000 $1,100,000 $1,100,000 --- 23 Sandifur Parkway Extension - Phase 1B Sandifur Parkway Road 102 / Road 108 $1,000,000 $0 $4,000,000 Ongoing No $5,000,000 -$1,000,000 $4,000,000 --- 24 Sandifur Parkway Extension - Phase 2 Sandifur Parkway Road 108 / Road 116 $1,400,000 $0 $5,600,000 Ongoing No $7,000,000 --$1,400,000 $5,600,000 -- 25 Sandifur Parkway Widening Sandifur Parkway Road 52 / Road 60 $150,000 $0 $815,000 Ongoing No $965,000 $383,000 $507,000 ---- 26 South 10th Avenue & W. Lewis Street Advanced Intersection Warning Lewis Street S. 10th Avenue $10,000 $0 $51,900 Ongoing Yes $61,900 $51,900 ----- 27 Sylvester Street Safety Program - Phase 1 Sylvester Street Road 54 / 3rd Ave $315,000 $0 $1,260,000 Ongoing Yes $1,575,000 $275,000 $1,050,000 ---- 28 Sylvester Street Safety Program - Phase 2 Sylvester Street Road 54 / 3rd Ave $450,000 $0 $2,875,000 Ongoing Yes $3,325,000 $376,000 $2,849,000 ---- 29 Road 44 and Argent Road Intersection Improvements - County Participation Road 44 Road 44 / Argent Road $35,000 $0 $0 Ongoing No $35,000 --$35,000 -- 30 Traffic Analysis for Interstate 182 @ SR 395 Interchange Interstate 182 MP 11 to MP 13 $265,000 $0 $0 Ongoing No $265,000 -$265,000 --- 31 Traffic Analysis for State Route 12 @ Between 'A' and Tank Farm Road State Route 12 State Route 12 / Tank Farm Road $250,000 $0 $0 Ongoing No $250,000 -$250,000 --- 32 Sacajawea Road Pedestrian/Bicycle Pathway - WSDOT Sacajawea Road Sacajawea park / SR12 Park & Ride $269,000 $0 $1,288,000 Ongoing No $1,557,000 $165,000 $1,392,000 ---- 33 Sacajawea Heritage Trail/Levee Lowering Sacajawea Heritage Trail Road 52 / Road 72 $231,000 $0 $2,459,895 Ongoing Partial $2,690,895 $70,000 $2,510,000 ---- 35 Oregon Avenue Overlay (SR397) Oregon Avenue US12/Ainsworth $400,000 $0 $3,000,000 New No $3,400,000 $400,000 $3,000,000 ---- 36 Court Street Overlay (Rd 44 to Rd 68)Court Street Rd 44 / Road 68 $400,000 $0 $1,850,000 New No $2,250,000 $400,000 $1,850,000 ---- 37 Road100 (South) Widening Road 100 I-182 / Chapel Hill Blvd $220,000 $0 $880,000 New No $1,100,000 $1,000,000 ----- 38 Road 100 (North) Improvements Road 100 I-182/ Burns Rd $852,000 $0 $3,408,000 New No $4,260,000 $1,500,000 $1,100,000 $1,160,000 --- 39 Buckingham Drive Extension and Signal Buckingham Drive Broadmoor Blvd West $660,000 $0 $2,640,000 New No $3,300,000 $2,800,000 ----- 40 Road 100 Interchange Improvements - Eastbound Ramp - WSDOT Patnership Road 100 Eastbound Ramp $660,000 $0 $2,640,000 New No $3,300,000 $3,000,000 ----- 41 Road 100 Interchange Improvements - Westbound Ramp - WSDOT Patnership Road 100 (Broadmoor Blvd)Westbound Ramp $150,000 $0 $600,000 New No $750,000 $700,000 ----- 42 Burns/Broadmoor Intersection Improvement Burns Road Broadmoor Blvd $640,000 $0 $2,560,000 New No $3,200,000 --$1,000,000 $2,200,000 -- 43 Interstate 182 @ Road 100 - Ramp Improvement Analysis (ARR) - WSDOT Patnership Interstate 182 @ RD 100 Interstate 182 @ RD 100 $250,000 $0 $50,000 New No $300,000 $300,000 ----- 44 Burns Road Widening - Phase 1 Burns Road Road 100 / Road 108 $700,000 $0 $2,800,000 New No $3,500,000 -$500,000 $3,000,000 --- 45 Burns Road Widening - Phase 2 Burns Road Road 108 / Road 116 $700,000 $0 $2,800,000 New No $3,500,000 ---$500,000 $3,000,000 - 46 New Road 108 - Phase 1 Road 108 Harris Road / Sandifur Pkwy $1,000,000 $0 $4,000,000 New No $5,000,000 ---$1,000,000 $4,000,000 - 47 New Road 108 - Phase 2 Road 108 Sandifur Pkwy / Burns Rd $1,000,000 $0 $4,000,000 New No $5,000,000 ---$1,000,000 $4,000,000 - 48 Rainier Ave & Kartchner St Intersection Improvement (install traffic signal)Rainier Avenue Kartchner / SB US-395 Ramp $48,000 $0 $192,000 New No $240,000 --$240,000 $0 -- 49 Sylvester St & US 395 NB Off Ramp Intersection Improvement (install traffic signal)Sylvester Street Sylvester / NB US-395 Ramp $48,000 $0 $192,000 New No $240,000 -$240,000 ---- 2022 Transportation Improvement Plan (TIP)Page 22 of 151 June 14, 2021Page 23 of 151 Page 24 of 151 • Road 68 Widening –South of Interstate 182 –Phase 1 • Argent Road Improvements –Phase 1 • Burns Road Pedestrian/Bicycle Pathway –Phase 1 • Court Street Traffic Revisions • Transportation System Master Plan Completed Projects Page 25 of 151 • Oregon Avenue Overlay (Map #32) • Court Street Overlay (Map #33) • Road 100 (South) Widening (Map #34) • Road 100 (North) Improvements (Map #35) • Buckingham Drive Extension and Signal (Map #36) • Road 100 Interchange Improvements –Eastbound Ramp –WSDOT Partnership (Map #37) • Road 100 Interchange Improvements –Westbound Ramp –WSDOT Partnership (Map #38) • Burns/Broadmoor Intersection Improvement (Map #39) • Interstate 182 @ Road 100 –Ramp Imp Analysis (AAR) –WSDOT Partnership (Map #40) New Projects Page 26 of 151 • Burns Road Widening –Phase 1 (Map #41) • Burns Road Widening –Phase 2 (Map #42) • New Road 108 –Phase 1 (Map #43) • New Road 108 –Phase 2 (Map #44) • Rainier Ave & Kartchner St Intersection Improvement (Install Signal) (Map #45) • Sylvester St & US 395 NB Off Ramp Intersection Improvement (Install Signal) (Map #46) New Projects (Continued)Page 27 of 151 • Road 100 (South) Widening (Map #34) • Road 100 (North) Improvements (Map #35) • Buckingham Drive Extension and Signal (Map #36) • Road 100 Interchange Improvements –EB Ramp (Map #37) • Road 100 Interchange Improvements –WB Ramp (Map #38) • Burns/Broadmoor Intersection Improvement (Map #39) • I-182 @ Road 100 –Ramp Imp Analysis (AAR) (Map #40) • Burns Road Widening –Phase 1 (Map #41) • Burns Road Widening –Phase 2 (Map #42) • New Road 108 –Phase 1 (Map #43) • New Road 108 –Phase 2 (Map #44) New Projects -Northwest Area Page 28 of 151 • North Road 40 East Pathway (Map #15) • Traffic Analysis for SR 12 @ Between 'A' and Tank Farm Road (Map #31) • Sacajawea Road Pedestrian/Bicycle Pathway -WSDOT (Map #32) Other Critical Areas Page 29 of 151 Questions?Page 30 of 151 Richland Kennewick N OREGONAveE LEWIS StN 4TH AveBROADMOORBlvdW ARGENT Rd ROAD 44DENT RdROAD108CO L UM B I A R I V E R R d SARATOGA LnN CEDARAveW A St W AI N S W O R T H A v e INDUSTR IAL Way W PEARL St W LE W I S S t E BROADWAY St N 20TH AveN 14TH AveN 24TH AveS OREGON AveN 5TH AveW COURT St E HILLSBORO St E DOCK STROAD 68W WERNETT Rd S WEHE AveS 10TH AveROAD 68 NROAD 84ROAD 52BURDEN Blvd E D O C K S t SANDIFUR Pkwy E AI N S W O R T H Ave HARRIS R d N C O M M E R C I A L A v eROAD 36BURNS Rd PASCO K A HL OT US R d CLARK Rd N RAILROAD AveN CAPITOLAVETAYLORFLATS RdGLADE NORTH RdSHORELINE Rd8 26 29 39 45 46 22 4 16 12 19 38 6 11 23 34 13 44 37 17 21 25 41 36 5 43 35 9 18 31 2 3 14 24 42 15 20 33 30 10 32 27 28 40 Benton County WA, Pasco GIS, Maxar 2022 Transportation Improvement Plan N/A Annual Pavement Preservation Program Ongoing 2 Argent Road Improvements - Phase 2 3 Argent Road Improvements - Phase 3 4 Argent Road Pedestrian / Bicycle Pathway 5 Burns Road Pedestrian / Bicycle Pathway - Phase 2 6 Burns Road Pedestrian / Bicycle Pathway - Phase 3 N/A Citywide Traffic Signal Improvements - Phase 2 8 Court Street & Road 68 Intersection Improvements 9 Crescent Road Surface Improvement 10 Franklin County Irrigation District (FCID) Canal Bicycle/Pedestrian Pathway 11 James Street Improvements 12 Lewis Street Corridor Improvements 13 Lewis Street Overpass 14 Road 100 (North) Pedestrian / Bicycle Maintenance 15 North Road 40 East Pathway 16 Road 93 / Powerline Pathway 17 Pedestrian / Bicycle Access Road 100 Interchange - WSDOT Partnership 18 Pedestrian / Bicycle Access Road 68 Interchange - WSDOT Partnership 19 Pedestrian / Bicycle Access Sylvester Street Overpass - WSDOT Partnership 20 Road 100 (South) Widening 21 Road 76 Overpass 22 Sandifur Parkway Extension - Phase 1A 23 Sandifur Parkway Extension - Phase 1B 24 Sandifur Parkway Extension - Phase 2 25 Sandifur Parkway Widening 26 South 10th Avenue & W. Lewis Street Advanced Intersection Warning 27 Sylvester Street Safety Program - Phase 1 28 Sylvester Street Safety Program - Phase 2 29 Road 44 and Argent Road Intersection Improvements - County Participation 30 Traffic Analysis for Interstate 182 @ SR 395 Interchange 31 Traffic Analysis for State Route 12 @ Between 'A' and Tank Farm Road 32 Oregon Avenue Overlay (SR397) 33 Court Street Overlay (Rd 44 to Rd 68) 34 Road100 (South) Widening 35 Road 100 (North) Improvements 36 Buckingham Drive Extension and Signal 37 Road 100 Interchange Improvements - Eastbound Ramp 38 Road 100 Interchange Improvements - Westbound Ramp 39 Burns/Broadmoor Intersection Improvement 40 Interstate 182 @ Road 100 - Ramp Improvement Analysis (ARR) - WSDOT Patnership 41 Burns Road Widening - Phase 1 42 Burns Road Widening - Phase 2 43 New Road 108 - Phase 1 44 New Road 108 - Phase 2 45 Rainier Ave & Kartchner St Intersection Improvement (install traffic signal) 46 Sylvester St & US 395 NB Off Ramp Intersection Improvement (install traffic signal) Map #Project Description 0 0.5 1 1.5 20.25 Miles 2022 TIP Projects Intersection Bike/Ped Other Area Study Road Classification Freeway Highway Ramp Major Arterial Minor Arterial Collector Local Urban Growth Area Pasco - Incorperated Pasco - UGA Burbank Kennewick RichlandPage 31 of 151 AGENDA REPORT FOR: City Council June 2, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 6/14/21 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Ordinance - Budget Adjustment for Chapel Hill Park Construction I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Construction Budget - Park Development $ 626,058 Supplement Request - Park Development $ 389,684 Total Project Cost $1,015,742 IV. HISTORY AND FACTS BRIEF: With the construction of the Chapel Hill neighborhood just south of I -182 and east of Road 68, a five-acre parcel of land was set aside and deeded to the City for the construction of a neighborhood park. In developing the Chapel Hill Park design, staff initiated a new practice of soliciting input from the adjacent neighborhood(s), the future primary users of the new park, as to preferred amenities, layout, and features they would like to see. The neighboring subdivision and multi-family development played an integral role in determining park features. Chapel Hill Neighborhood Park will include an open playfield, picnic areas, basketball court, walking path, and playgrounds for both 2 -5 and 5-12 target ages, along with an area reserved for a community garden facility to be developed in partnership with area residents. With completion of design, a n Page 32 of 151 advertisement for bids was issued for the project in November of 2020. On January 4, 2021, Council awarded the bid for Chapel Hill Park construction to Total Site Services for $728,006.05. For strategic reasons, the construction bid did not include play equipment. The recently approved carryover amount of 626,058, is what remained of the $700,000 budgeted for thi s project in the 2020 annual budget. V. DISCUSSION: In order to complete the community-led and Council adopted vision for Chapel Hill Park and develop the park to a modern standard as designed, staff seeks the allotment of an additional $389,684.00 to c omplete the project. This allotment is requested to be appropriated from the Parks Development Fund. Approved 2021 CIP Carryover: $626,058 January 4, 2021 Bid Award (w/o Playground) -$728,006 Playground purchase & install ($193,022-$23,242 Grant) -$169,780 Change Orders since project started -$117,956 Total Request $389,684 Note 1 - Play Equipment, Fall protection and Installation : Not included in the bid package as staff was pursuing a grant for the equipment, and was intended as a separate phase. Staff was successful in obtaining a small grant for the playground, and additional appropriation is necessary to fund this amenity. Note 2 - Block Wall (I-182) Requirement: Regulations requiring a block sound wall of development adjacent to I-182 apply to any development, including Parks. This requirement was not foreseen at the time the 2020 CIP project budget was adopted. At the time of bid, the requirement for the wall was known and was therefore included as a bid item in the construction bid request. With tax, the wall bid item totaled $96,654 of the total $728,006 Bid Award. Note 3 - Change orders: Change Order 1 - Increased the width of the walking path from 5ft to 8ft. greatly improving accessibility and overall walkability and customer experience AND extend existing sewer stub to portable location to accommodate for future possible addition of restroom. Cost with tax: $14,018. Change Order 2 - Addition of basketball court weather surfacing to preserve and prolong the life of the concrete pad and reduce ongoing maintenance costs. Cost with tax: $5,160 Change Order 3 - Purchase and Installation of Picnic Shelters and Portable Restroom Shelter. The portable Restroom Shelter was inadvertently left out of Page 33 of 151 the scope of work and needs to be added. To take advantage of the crew onsite, deliver a complete project to the public, and eliminate future need to dedicate staff time and cost for installation, added the picnic shelters. Cost with tax: $97,114 Change Order 4 - Addition of Concrete Pad for the irrigation booster pump. Cost with tax: $1,664. In summary, the aforementioned enhancements to the project represent: • A later phase being moved up to coincide with park construction - the play equipment (Note 1) and Picnic Shelters (part of Change Order 3). • The addition of an unknown at the time of budgeting in the fall of 2019 - the sound wall which bumped the project scope and cost up. • of ease user, the for the improve to Enhancements project maintenance, and future to facilitate improvement (Change Orders 1, 2 & 4) • Addition of the portable restrooms, which were inadvertently left out of the bid package (part of Change Order #3). Staff is requesting approval of Change Orders 1 - 4, and appropriation of an additional $389,684 to fund the above referenced enhancements to the project. Page 34 of 151 Ordinance –Budget Amendment Chapel Hill Park Funding - 1 ORDINANCE NO. ____ AN ORDINANCE AMENDING THE 2021-2022 BIENNIAL BUDGET (ORDINANCE NO. 4503) OF THE CITY OF PASCO, WASHINGTON, BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S GENERAL CONSTRUCTION FUND FOR THE CONSTRUCTION OF CHAPEL HILL PARK. WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4503, adopting the 2021-2022 Biennial Budget; and WHEREAS, the 2021-2022 Biennial Budget included the Chapel Hill Park development project; and WHEREAS, the 2021-2022 Biennial Budget did not include full allocation required as determined by the engineers’ estimate; and WHEREAS, additional requirements to meet City development standards, escalations in supply costs, smaller than anticipated playground grant monies and necessary change orders have elevated the final cost to complete the park; and WHEREAS, the Administrative and Community Services Department staff have determined that it is critical to continue and complete this project, and immediate action to supplement the project budget is required; and WHEREAS, pursuant to RCW 35A.34.150 any taxpayer may appear at the meeting at which this emergency ordinance is voted on and be heard for or against its adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.200(1)(e) and 35A.34.150, the 2021-2022 Biennial Budget be and the same is hereby amended to provide for the following adjustments to revenues, transfers in, expenditures, and transfers out by providing authority for any necessary transfer of money within or between funds indicated, and their subsequent impact to end fund balance: Fund EXPENDITURE REVENUE PARK DEVELOPMENT FUND 2 389,684.00 389,684.00 Total 389,684.00 389,684.00 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Page 35 of 151 Ordinance –Budget Amendment Chapel Hill Park Funding - 2 Section 3. Except as amended herein, Ordinance No. 4503 as previously adopted heretofore shall remain unchanged. Section 4. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage and publication as required by law. Adopted by the City Council of the City of Pasco, Washington this ___ day of June, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ___________________________ Page 36 of 151 AGENDA REPORT FOR: City Council May 25, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 6/14/21 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution - Second Restated Interlocal Cooperation Agreement for BiCounty Police Information Network (BI-PIN) I. REFERENCE(S): Resolution Second Restated Interlocal Cooperation Agreement for BiCounty Police Information Network II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The 2021 BiCounty Police Information Network (BI -PIN) budget the BIpresented were recommendations to -in Committee Executive PIN September 2020. The budget assessment per participating jurisdiction is a combination of base fee and percentage alloc ation that is estimated by an average number of cases report and bookings by each agency. The estimated allocations are currently accounted for in the Pasco Police Department's biennial budget, no additional fiscal impact is expected. IV. HISTORY AND FACTS BRIEF: Since the early 1980’s Benton and Franklin Counties and the Cities of Pasco, Richland, and Kennewick have collectively operated a regional law enforcement information database known as BiCounty Police Information Network also known as "BI-PIN". The BI-PIN database consists of all law enforcement police reports, jail arrests, sensitive criminal investigative information, subject information, and evidence logs that include photographs. This robust, state-of-the-art database is imperative to collec criminal complete to information accurate ting crime investigations. Page 37 of 151 In recent years, the Cities of West Richland, Connell, and Prosser began participating in BI-PIN, which allows additional access to real-time criminal investigative information by all of the metro area police agencies. BI-PIN is in the process of replacing the aging network hosted by Intergraph, which is no longer supported and at the end of it's lifecycle. The Tyler network database will provide significant benefits to police officers and detectives due to the improved data sharing capabilities and ease of system operation. Pasco's Police Services Specialists and Information Services personnel will see improvements when generating reports and supporting the system internally. The participating members entering in to this Second Restated Interlocal Cooperation Agreement will continue to utilize the law enforcement and jail records management system and provide financial compensation to BI-PIN in the same combination of base fee and percentage allocation. Agencies that are not currently participating in BI-PIN are required to pay an initial buy-in fee that has been raised in the proposed Interlocal agreement from $2.40 per capita fee to $3.52. All current participating agencies, to include Pasco, annual base fee is adjusted from $5,000 to $10,000 in the revised agreement. V. DISCUSSION: Upon ratification of the parties, the Second Restated Interlocal Cooperation Agreement will supersede the current Interlocal Agreement. The second restated agreement shall be effective upon the execution for the period through December 31, 2025. Staff recommends approval of the Second Restated Interlocal Cooperation Agreement between the Counties of Benton and Franklin and the Cities of Connell, Kennewick, Pasco, Richland, West Richland and Prosser. Page 38 of 151 Resolution –Addendum No. 2 to Metro ILA - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING THE SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO, RICHLAND, WEST RICHLAND AND PROSSER. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative agreement; and, WHEREAS, the joint exercise of a regional criminal justice record and information system promotes the deterrence and solution of criminal incidents by providing increased access to local incident and warrant information, reducing the need for redundant data entry, improving the protection of criminal files against loss or destruction, and increasing the responsiveness of the respective law enforcement agencies through crime analysis and investigative support functions; and WHEREAS, the counties of Benton and Franklin, along with the cities of Kennewick, Pasco, and Richland first entered into an Interlocal Agreement in 1982 which created the BiCounty Police Information Network ("BI-PIN"); and WHEREAS, the original BI-PIN Interlocal was amended in 1988, 1992, 1995, and 2003; and restated in 2009. WHEREAS, the restated BI-PIN Interlocal was restated again in 2011 and amended in 2012; and WHEREAS, the Counties of Benton and Franklin and the Cities of Connell, Kennewick, Pasco, Richland, West Richland, and Prosser, through their respective law enforcement departments, desire to jointly utilize an expanded law enforcement records management sys tem to be operated by the Kennewick Information Technology Division; and WHEREAS, therefore the parties wish to rescind the existing BI-PIN Interlocal and enter into this second restated agreement to clearly set forth existing and future obligations and objectives of the parties hereto, and to account for possible new members and the obligations that would apply to new members; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves the terms and conditions of the second restated Interlocal Cooperation Agreement between the counties of Benton and Franklin and the Cities of Connell, Kennewick, Pasco, Richland, West Richland and Prosser; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Page 39 of 151 Resolution –Addendum No. 2 to Metro ILA - 2 Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute the Interlocal Cooperation Agreement on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 2021. ____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ____________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 40 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 1 of 14 After Recording Return to: Kennewick City Clerk P.O. Box 6108 Kennewick, WA 99336 SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO, RICHLAND, WEST RICHLAND AND PROSSER (POLICE INFORMATION NETWORK) WHEREAS, the Interlocal Cooperation Act codified in RCW 39.34 allows public agencies to exercise their powers jointly, thereby maximizing their ability to provide services and facilities which will best fulfill the needs of the community as a whole; and WHEREAS, the joint exercise of a regional criminal justice record and information system promotes the deterrence and solution of criminal incidents by providing increased access to local incident and warrant information, reducing the need for redundant data entry, improving the protection of criminal files against loss or destruction, and increasing the responsiveness of the respective law enforcement agencies through crime analysis and investigative support functions; and WHEREAS, the counties of Benton and Franklin, along with the cities of Kennewick, Pasco, and Richland first entered into an Interlocal Agreement in 1982 which created the BiCounty Police Information Network ("BI-PIN"); and WHEREAS, the original BI-PIN Interlocal was amended in 1988, 1992, 1995, and 2003; and restated in 2009. WHEREAS, the restated BI-PIN Interlocal was restated again in 2011 and amended in 2012; and WHEREAS, the Counties of Benton and Franklin and the Cities of Connell, Kennewick, Pasco, Richland, West Richland, and Prosser, through their respective law enforcement departments, desire to jointly utilize an expanded law enforcement records management system to be operated by the Kennewick Information Technology Division; and Page 41 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 2 of 14 WHEREAS, therefore the parties wish to rescind the existing BI-PIN Interlocal and enter into this second restated agreement to clearly set forth existing and future obligations and objectives of the parties hereto, and to account for possible new members and the obligations that would apply to new members; NOW THEREFORE BE IT AGREED, in accordance with the provisions of RCW 39.34.030: Section 1 — Formation and Purpose of BI-PIN. The Counties of Benton and Franklin and the Cities of Connell, Kennewick, Pasco, Richland, West Richland and Prosser hereby establish the BiCounty Police Information Network ("BI-PIN"). Benton County, Franklin County, Kennewick, Pasco and Richland are the five charter agencies (“Charter Agencies”) that have enhanced voting rights as set forth in this agreement. In order to assist the participating police and sheriff's departments in the deterrence and solution of criminal incidents, and in recognition of the high cost of technology and operation of information systems, the participating members are entering into this Interlocal agreement to continue to jointly utilize a common law enforcement and jail records management system for the following purposes: • Increase access to local incident and want/warrant information. • Enhance the sharing of information among the criminal justice agencies. • Improve availability of operational and management information. • Provide for increased responsiveness to crime analysis and investigative support functions. • Reduce the need for redundant data entry and duplicate data files. • Provide for improved protection against loss or destruction of criminal information files. Section 2 — Organization of BI-PIN. In order to provide for the on-going administration of BI-PIN, the following organizational structure is adopted for the organization: 2.1 Executive Committee. The Executive Committee is composed of the City Managers, City Administrators, and County Administrators or their designee, as appropriate, from each of the member agencies and each shall be a voting member. A liaison from the Bi-County Police Chiefs and Sheriffs and from Benton County Emergency Services shall be ex officio, non-voting members. A chairman shall be elected by the Executive Committee and will serve a five-year term with no limit as to the number of consecutive five-year terms that may be served. The Executive Committee will meet at least quarterly or more often as required. The committee will keep minutes of its meetings, and copies of these minutes shall go to all members of the committee. It is the responsibility of the Executive Committee to set policies regarding all aspects of BI-PIN activities, approve contracts which shall be signed by the chairman, review the cost sharing methodology set forth in Section 5.3 annually as part of the budget, approve the proposed annual budget and work program, set the cost recovery for new BI-PIN members, and make final decisions on adoption of software applications and minimum hardware requirements for systems that are owned or operated by BI-PIN, or for systems owned by parties to this agreement that interface with BI-PIN. 2.2 Technical Committee. The technical committee is composed of the Information Systems Manager (or equivalent position) of each of the BI-PIN member agencies and Benton County Emergency Page 42 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 3 of 14 Services. The Operating Jurisdiction’s IT Manager will chair the Technical Committee. The Technical Committee will provide recommendations through the Operating Jurisdiction to the Executive Committee on technical decisions that affect the BI-PIN system. The Technical Committee will meet on an as-needed basis. 2.3 BI-PIN User Change Control Board. The BI-PIN User Change Control Board shall be comprised of representatives of each law enforcement agency from member jurisdictions and a representative from Benton County Emergency Services. This Board shall be responsible for evaluating proposed system changes, recommending software development priorities, actively participating in system selection activities to procure the most appropriate system to meet their respective requirements, and resolving any operational problems to ensure successful joint operation of the system. The IT Manager or delegate of the Operating Jurisdiction shall chair this board. Section 3 — Operational Responsibility. The City of Kennewick shall be designated the BI-PIN Operating Jurisdiction. The Operating Jurisdiction is solely and completely responsible for operating BI-PIN. The rules, regulations and ordinances of the Operating Jurisdiction, unless otherwise specifically provided for, apply to BI-PIN at all times. Employees supporting BI-PIN are employees of the Operating Jurisdiction. Support personnel for the BI-PIN system software shall be dedicated to the support of the BI-PIN system and any and all costs associated with those employees shall be borne by BI-PIN as a whole. The Operating Jurisdiction will provide all necessary support services for the operation of BI-PIN such as executing contracts on behalf of BI-PIN as approved by the Executive Committee, accounting, legal services, risk management and information technology services. The Operating Jurisdiction is entitled to collect an overhead rate for the performance of its duties, the cost of which shall be included in the BI-PIN Operating Budget. The parties to this Interlocal Agreement acknowledge that by entering into this agreement they authorize the Operating Jurisdiction and BI- PIN, acting through the Executive Committee, shall to execute a separate Agreement defining the services and responsibilities of both parties. Section 4 — Ownership of Assets. Ownership interests in property, equipment, or funds acquired by or through BI-PIN shall be shared by all member agencies in proportion to a 3-yr rolling average percentage allocation of each party’s contributions. BI-PIN is responsible for maintenance and upgrades for their software modules & supporting environment. BI-PIN is not responsible for the maintenance and upgrade of BCES or any specific agency owned modules or interfaces. Section 5 — Participation in BI-PIN. Recognizing that BI-PIN member agencies benefit from the participation of all local jurisdictions, BI-PIN wants to promote and encourage inclusion of all agencies interested in joining BI-PIN. To facilitate this effort, BI-PIN has adopted the following policies regarding joining and membership of additional local agencies in the BI-PIN local governmental agency: 5.1 Adding Members by Addendum. When the BI-PIN Executive Committee decides by majority vote to grant membership to a new jurisdiction, the new member agency shall become a member of BI- PIN upon satisfaction of the buy-in and software/infrastructure obligations, and upon execution of an Page 43 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 4 of 14 addendum to this agreement signed by the Executive Committee Chair and the Mayor or Chairperson of the joining jurisdiction. 5.2 Membership Buy-ln. • Participation in BI-PIN by new member agencies will require a majority vote by the BIPIN Executive Committee. • Buy-in of membership to the BI-PIN interlocal agency will be based on a per-capita fee. The fee will be set at $3.52 per capita beginning in 2020 and inflated using the Seattle CPI-U factor to increase the per capita fee to reflect the time value of money for any future buy-ins. • The BI-PIN Executive Committee will set minimum requirements for hardware and connectivity based on the recommendations of the Technical Committee. Any system that interfaces with the BI-PIN system will require Technical Committee review and appropriate recommendation to the Executive Committee for final approval. • All hardware and connectivity costs associated with participation in BI-PIN will be born by the appropriate agency. 5.3 Operations Cost Sharing Formula. The formula for distribution of BI-PIN's operations costs will be distributed in the following method. • The total amount to be allocated annually will be determined by taking total Expenditures less any outside Revenue sources. Outside Revenue sources include Non-Member Fees and Interest Earnings. • Each member agency will be assessed an annual base fee of $10,000. The base contributions will be deducted from the remaining budget amount to be allocated. • The balance of the annual budget will be split 50/50 between law enforcement and jail management based on number of cases for law enforcement agencies and number of jail bookings for jail agencies. 5.4 Voting power of member agencies. All matters to be decided by the Executive Committee shall be determined by simple majority of votes cast by member agencies present after a quorum is called; provided, however, any vote shall also require approval of at least four of the five Charter Agencies. A quorum requires a simple majority of member agencies as well as 4 of the 5 Charter Agencies to be present. The five charter agencies are Benton County, Franklin County, Kennewick, Pasco and Richland. All five Charter Agencies are authorized to cast two votes each and all other member agencies are authorized to cast one vote each. Section 6 — Withdrawal (Replacement). Any member agency may withdraw from this agreement and membership in BI-PIN by serving a notice of withdrawal upon all members of BI-PIN. This notice shall be given at least one year in advance of the date of withdrawal. Membership shall terminate on the last day of the calendar year. Upon withdrawal from membership, the member agency shall receive no further distribution of income proceeds and all software must be uninstalled by the withdrawing agency. The withdrawing member shall pay its pro-rata share of any outstanding obligations incurred up to the effective date of withdrawal under the formula outlined in section 5.3 of this agreement. The withdrawing member(s) shall be provided with all outstanding obligations within 45 days of the Page 44 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 5 of 14 effective date of withdrawal. Upon such receipt, the withdrawing member(s) shall pay all outstanding obligations within 45 days of receipt. The outstanding contribution(s) shall include all amounts due to BI-PN and any cost directly associated with the member's withdrawal. Section 7 — Termination of Agreement. This agreement may be terminated upon a resolution to terminate this agreement. Such resolution shall require approval of at least four of the five Charter Agencies. Upon adoption of a resolution to terminate this agreement, the effective date of termination shall be determined by a simple majority of all votes cast. However, in no event shall the termination date be more than one hundred and eighty days (180) from the date of the resolution. After the effective date of termination, the activities of BI-PIN shall cease and no further business shall be conducted nor shall any financial obligations be incurred. In the event of termination of this agreement, each member agency shall be responsible for its pro-rata share of any remaining costs or penalties under the formula outlined in section 5.3 of this agreement. In the event of termination, BI-PIN shall immediately provide notice of termination to each known creditor and party in which BIPIN has a contractual relationship. All parties to this agreement shall be obligated to participate in the winding-up of BI-PIN-related activities which shall include: collection of any outstanding payables, the payment of any outstanding obligations, satisfaction of any and all contractual obligations, and the distribution of assets. To the extent legally permissible and upon written request, the Operating Jurisdiction shall provide a copy of any or all data belonging to BI-PIN to any requesting member agency on the most feasible medium in return for the actual cost of such copy. Any remaining assets owned by BI-PIN prior to termination will be distributed back to the member agencies based on their pro-rata share in BI-PIN as outlined in the cost allocation methodologies in the BIPIN Policies. In the event of termination, an existing member or members may negotiate for the acquisition of software, data, and other information specific to that member or member's jurisdiction to the extent permitted by the terms of any applicable software licensing agreements. Nothing shall prevent the parties from negotiating the release of software, data, or other information that is specific to one member. Section 8 — Security of Data. Each member agency shall safeguard, by appropriate means, the confidentiality of the information contained in the BI-PIN system. Additionally, each member agency shall maintain network security that meets FBI and industry standards for any network that may interact with the Operating Jurisdiction's network. Each member agency will protect access with specific sign-on controls and procedures as developed by the BI-PIN Technical Advisory Committee with the approval of the Executive Committee. The Operating Jurisdiction is responsible for maintaining the security of the BI-PIN network based on FBI and industry standards. Section 9 — Liability Coverage. Each member agency shall be solely responsible for its own wrongful or negligent conduct. Each member agency promises to indemnify and hold harmless and release all other member agency from any loss, claim or liability arising from or out of the negligent tortious actions or inactions of its employees, officers and officials. Such liability shall be apportioned among the member agencies or other at-fault persons or entities in accordance with the laws of the State of Washington. Nothing herein shall be interpreted to: 1. Waive any defense arising out of RCW Title 51. 2. Limit the ability of a member agency to exercise any right, defense, or remedy which a member agency may have with respect to third parties or the employee(s) whose action or inaction gave Page 45 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 6 of 14 rise to loss, claim or liability, including, but not limited to, an assertion that the employee(s) acted beyond the scope of employment. 3. Cover or require indemnification or payment of any judgment against any individual or agency for intentionally wrongful conduct outside the scope of employment of any individual, or for judgment for punitive damages against any individual or agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her member agency employer, should that employer voluntarily elect to make said payment. This Agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. Section 10 — Term of Agreement. This agreement shall become effective upon the execution of this agreement by all the parties identified above. Once effective, this second restated agreement shall run to December 31, 2025 and shall continue thereafter for successive five year periods, unless a member requests a revision of the agreement by giving notice in writing to all other members at least 180 days before the expiration date of the agreement; such requested revision must be approved by each member agency as an amendment pursuant to section 12 below. Section 11 — Recordkeeping. The Operating Jurisdiction shall be responsible for maintaining accurate records including accurate records of expenditures made during the year and the purpose they were made. On an annual basis, the Operating Jurisdiction shall provide the member agencies with an operating and financial report. Section 12 — Entire Agreement. This agreement contains the entire agreement between the parties hereto and supersedes any and all prior written and/or oral agreements, including all prior BI-PIN Interlocal Agreements and amendments. This agreement may be altered or modified only in writing signed by the parties hereto. IN WITNESS THEREOF, the parties have set their hands this______day of ____________, 2021. Signature pages to follow. Page 46 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 7 of 14 SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION NETWORK) SIGNATURE PAGE 1 CITY OF KENNEWICK ____________________ Marie E. Mosley City Manager ATTEST: ______________________ Terri L. Wright City Clerk APPROVED AS TO FORM: ______________________ Lisa Beaton City Attorney Page 47 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 8 of 14 SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION NETWORK) SIGNATURE PAGE 2 CITY OF RICHLAND ____________________ Jon Amundson Interim City Manager ATTEST: ______________________ Jennifer Rogers City Clerk APPROVED AS TO FORM: ______________________ Heather Kintzley City Attorney Page 48 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 9 of 14 SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION NETWORK) SIGNATURE PAGE 3 CITY OF PASCO ____________________ David Zabell City Manager ATTEST: ______________________ Debra C. Barham City Clerk APPROVED AS TO FORM: ______________________ Kerr Ferguson Law, PLLC City Attorney Page 49 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 10 of 14 SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION NETWORK) SIGNATURE PAGE 4 COUNTY OF BENTON ____________________ Jerome Delvin Chairman ATTEST: ______________________ Cami McKenzie Clerk of the Board APPROVED AS TO FORM: ______________________ Ryan K. Brown Deputy Prosecuting Attorney Page 50 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 11 of 14 SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION NETWORK) SIGNATURE PAGE 5 COUNTY OF FRANKLIN ____________________ Clint Didier Chairman ATTEST: ______________________ Karin Milham Clerk of the Board APPROVED AS TO FORM: ______________________ Jennifer Johnson Attorney Page 51 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 12 of 14 SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION NETWORK) SIGNATURE PAGE 6 CITY OF CONNELL ____________________ Lee Barrow Mayor ATTEST: ______________________ Marissa Ortiz City Clerk APPROVED AS TO FORM: ______________________ Dan Hultgrenn City Attorney Page 52 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 13 of 14 SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION NETWORK) SIGNATURE PAGE 7 CITY OF PROSSER ____________________ Randy Taylor Mayor ATTEST: ______________________ Rachel Shaw City Clerk APPROVED AS TO FORM: ______________________ Howard Saxton City Attorney Page 53 of 151 BIPIN Interlocal Agreement 5/20/2021 Page 14 of 14 SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION NETWORK) SIGNATURE PAGE 8 CITY OF WEST RICHLAND ____________________ Brent Gerry Mayor ATTEST: ______________________ Stephanie Haug City Clerk APPROVED AS TO FORM: ______________________ Bronson J. Brown City Attorney Page 54 of 151 AGENDA REPORT FOR: City Council May 21, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 6/14/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Professional Services Agreement with MacKay Sposito for Design Engineering Services for Lewis Street Corridor (2nd to 5th Ave) Improvements Project I. REFERENCE(S): Vicinity Map and Statement Of Qualifications Concepts Resolution Professional Services Agreement (PSA) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Design Engineering Professional Services Agreement Total: $339,831.00 Design efforts will be fully funded by Community Block Development Grant (CDBG) funds awarded to this project in 2019 and 2020. Other funding for this project is provided by a direct appropriation from the State of Washington Capital Budget. IV. HISTORY AND FACTS BRIEF: The purpose of the proposed Lewis Street Corridor Improvement project is to help revitalize downtown Pasco between 2nd and 5th Avenue through increased pedestrian safety and enhanced American Disability Act (ADA) accessibility. The project will consist of streetscape improvements; including new ADA accessible sidewalks and ramps, lighting, planters, trees, street furniture, etc. and the project will aesthetically connect two significant downtown projects currently underway: the Lewis Street Overpass and the Peanuts Park Restoration. Page 55 of 151 In February of 2021, the City solicited Statements of Qualifications (SOQ's) from consulting engineering firms to design the Lewis Street Corridor Improvements from 2nd to 5th Avenue. Four firms submitted SO Q's and all four firms were interviewed. Based on the SOQ's and interview performance, MacKay Sposito was selected by the City's interview committee as the most highly qualified consultant to design the Lewis Street Corridor, from 2nd to 5th Avenue, Improvements project. Concepts presented by Mackay Sposito during the Consultant selection process are enclosed to this report for your reference. V. DISCUSSION: Staff recommends approval of the Professional Services Agreement with MacKay Sposito for design of Lewis Street Corridor project in the amount of $339,831.00. This item is currently scheduled for approval at Council’s June 21, 2021 regular meeting. Page 56 of 151 Page 57 of 151 PROJECT CONCEPTS    The following concepts were presented to the Consultant Selection team during interviews for Design Engineering services for this project  by the Successful consultant team, led by Mackay Sposito. While there is still work needed to refine the preferred alternative for the  revitalization of the corridor, the following renderings and cross sections are provided for your reference.                Page 58 of 151   PROJECT CONCEPTS (Cont.)                Page 59 of 151     PROJECT CONCEPTS (Cont.)    Page 60 of 151 PROJECT CONCEPTS (Cont.)        Page 61 of 151 Resolution – PSA with MacKay Sposito Lewis Street Corridor Improvements Project – Design Services Resolution - 1 RESOLUTION NO. _________ A RESOLUTION AUTHORIZING EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT (PSA) BY THE CITY MANAGER WITH MACKAY SPOSITO FOR THE LEWIS STREET CORRIDOR 2ND TO 5TH AVENUE IMPROVEMENTS PROJECT (LEWIS STREET CORRIDOR IMPROVEMENTS). WHEREAS, the City of Pasco, Washington requires professional services from an engineering firm for the purpose of design services for the Lewis Street Corridor Improvements; and WHEREAS, the City of Pasco has published an announcement of its Request for Qualifications (RFQ) related to its general need for professional design services as required by RCW 39.80.030; and WHEREAS, after a staff panel for the City of Pasco reviewed and scored responses from four (4) firms and subsequently interviewed all firms, it determined, pursuant to RCW 39.80.040, that MacKay Sposito is the most highly qualified firm; and WHEREAS, the City of Pasco, pursuant to RCW 39.80.050(1), has negotiated a fair and reasonable PSA with MacKay Sposito based on the estimated value of the services including their scope, complexity, and professional nature; and WHEREAS, the City of Pasco hereby finds that MacKay Sposito is the most highly qualified firm to perform the necessary design services related to the Lewis Street Corridor Improvements Project, and the negotiated contract, for an amount not to exceed $339,831.00, is both fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager for the City of Pasco is hereby authorized to execute the Professional Services Agreement with MacKay Sposito, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A, and to make minor substantive changes as necessary to execute the Agreement; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Page 62 of 151 Resolution – PSA with MacKay Sposito Lewis Street Corridor Improvements Project – Design Services Resolution - 2 PASSED by the City Council of the City of Pasco, Washington, this ___ day of June 2021. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 63 of 151 Professional Services Agreement – MacKay Sposito Agreement No. 21-032 Lewis Street Corridor (2nd to 5th Ave) Improvements Page 1 of 10 1.Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant’s Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the “Project”). 2.Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2023. 3.Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or PROFESSIONAL SERVICES AGREEMENT Lewis Street Corridor (2nd to 5th Ave) Improvements Agreement No. 21-032 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and MacKay Sposito, hereinafter referred to as “Consultant,” on the _______ day of _________________, 2021. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. WHEREAS, the City has, consistent with RCW 39.80, published an announcement related to its need for Architectural and Engineering services, evaluated Consultant’s current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the Lewis Street Corridor (2nd to 5th Ave) Improvements; and WHEREAS, the City’s Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant’s performance data, and the nature and complexity of the project. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: EXHIBIT A Page 64 of 151 Professional Services Agreement – MacKay Sposito Agreement No. 21-032 Lewis Street Corridor (2nd to 5th Ave) Improvements Page 2 of 10 services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ☒ Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $339,831.00 without the prior written authorization by the City. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant’s activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant’s activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Page 65 of 151 Professional Services Agreement – MacKay Sposito Agreement No. 21-032 Lewis Street Corridor (2nd to 5th Ave) Improvements Page 3 of 10 Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as “work product,” shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as “confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated as such. 5.2 In the event of Consultant’s default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW “Public Records Act.” All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by Page 66 of 151 Professional Services Agreement – MacKay Sposito Agreement No. 21-032 Lewis Street Corridor (2nd to 5th Ave) Improvements Page 4 of 10 the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City’s general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City’s sole discretion, may be detrimental to the City’s interest. Page 67 of 151 Professional Services Agreement – MacKay Sposito Agreement No. 21-032 Lewis Street Corridor (2nd to 5th Ave) Improvements Page 5 of 10 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant’s delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with Page 68 of 151 Professional Services Agreement – MacKay Sposito Agreement No. 21-032 Lewis Street Corridor (2nd to 5th Ave) Improvements Page 6 of 10 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant’s profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ☒ $2,000,000 each occurrence; and ☒ $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: ☒ $2,000,000 per claim; and ☒ $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant’s Automobile Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self- insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. Page 69 of 151 Professional Services Agreement – MacKay Sposito Agreement No. 21-032 Lewis Street Corridor (2nd to 5th Ave) Improvements Page 7 of 10 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. Page 70 of 151 Professional Services Agreement – MacKay Sposito Agreement No. 21-032 Lewis Street Corridor (2nd to 5th Ave) Improvements Page 8 of 10 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Jon Padvorac, P.E., or his/her designee Senior Engineer 525 North 3rd PO Box 293 Pasco WA 99301 PadvoracJ@pasco-wa.gov (e-mail address) 14.3.2 For the Consultant: Jason Irving, P.E., or his/her designee Principal/Senior Engineer 1325 SE Tech Center Drive, Suite 140 Page 71 of 151 Professional Services Agreement – MacKay Sposito Agreement No. 21-032 Lewis Street Corridor (2nd to 5th Ave) Improvements Page 9 of 10 Vancouver, WA 98683 jirving@mackaysposito.com (e-mail address) 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. 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 similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. Page 72 of 151 Professional Services Agreement – MacKay Sposito Agreement No. 21-032 Lewis Street Corridor (2nd to 5th Ave) Improvements Page 10 of 10 CITY OF PASCO, WASHINGTON CONSULTANT Dave Zabell – City Manager Derrick Smith, P.E. – President/C.E.O. ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney Page 73 of 151 Scope of Work City of Pasco Lewis Street Corridor 2nd to 5th Ave Improvements The Lewis Street Corridor 2nd to 5th Avenue Improvements (Lewis Street Improvements) is located in historic downtown Pasco, WA. The project will focus on streetscape, ADA compliance, and enhancing pedestrian and cyclist safety. The proposed design includes roadway resurfacing and reconfigura on, stormwater retrofits, street ligh ng upgrades, and decora ve feature installa on. The project will cohesively extend proposed aesthe cs throughout Lewis Street and create a safe and welcoming downtown. The following scope of work outlines the tasks and deliverables that our team will complete to provide public engagement, environmental perming, traffic engineering, civil engineering, and urban design services to deliver construc on ready plans, specifica ons, and es mates. Subsequent construc on bidding assistance, administra on, management, and inspec ons services will be scoped at a later date. The project team includes; ●MacKay Sposito - Project Management / Civil Roadway & Drainage Design / Urban Design / Environmental / Surveying/ Landscape & Irrigaon Design / Public Engagement Support ●DKS Associates - Traffic Analysis/Engineering/Lighng Design ●Alma Villegas Consulng - Public Engagement Lead ●Tierra Right of Way - Cultural Resources ●GN Northern - Phase I Environmental Site Assessment 1.0 PROJECT MANAGEMENT The project manager will coordinate the consultant’s team, organize project resources, and monitor and control budget and progress. The project manager has the authority to make decisions related to progression of work and to obtain the necessary resources for mely compleon. 1.1. MONTHLY INVOICING 1.1.1. Prepare and submit monthly invoices consistent with work completed. Review and incorporate subconsultant invoices. Assumpon: Invoicing shall be by task as described in this Scope of Work. EXHIBIT A Page 74 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 1.2. CLIENT AND TEAM MEETINGS AND SUBCONSULTANT COORDINATION 1.2.1. Conduct meengs with the consultant team and the City of Pasco’s (City’s) project manager at the 30%, 90%, and 100% submials to discuss client review comments for a total of three (3) meengs. An addional five (5) general design progress meengs are included. A task log will be maintained to track due dates, responsibility, and status. All meengs are assumed to be up to one (1) hour in duraon and include agenda and minutes. 1.2.2. Conduct internal design team meengs from 30% through final design. Assumes a total of eight (8) meengs. 1.2.3. Provide management and direcon to the subconsultant team. 1.3. PREPARE AND UPDATE PROJECT SCHEDULE 1.3.1. Prepare a project schedule to include major tasks through final construcon documents. Each task will include a descripon, start and end date, and predecessors as appropriate. Crical path tasks will be clearly idenfied. Monitor project schedule and provide a mid project update. Task 1.0 Deliverables: ●Monthly invoices (10) total ●Project schedule and one updates ●Meeng agendas, minutes, and task log updates for client and team meengs L A ND S URVEYING 2.0 TOPOGRAPHIC SURVEY 2.1. OFFICE WORK 2.1.1. Survey management, coordinaon, and preparaon for field crew. 2.1.2. Request public ulity locates. 2.1.3. Research surveys and plats. Reduce, verify, and integrate field data into a Survey AutoCAD base drawing. 2.1.4. Calculate,or ulize publically available data to show parcel boundaries and adjoining rights of way, or show arbitrary limits (based on fences, edge of pavement, etc.). 2.1.5. Dra topographic survey . 2.2. FIELD WORK 2.2.1. Establish survey control points referenced to state plane coordinates and appropriate vercal datum (as needed for the topographic survey and for reference for future work). 2.2.2. Search for exisng survey monumentaon as needed for boundary and right of way calculaons. 2.2.3. Map exisng above-ground ulies, and locate marks provided in response to a public ulity locate request (within proposed design area). 2.2.4. Map exisng improvements within defined survey limits. Assumpons: ●No boundary monuments will be set and a Record-of-Survey will not be included. ●Access into physical buildings is not required/ancipated during this survey. Page 75 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 ●The primary limits of the survey will begin 50 feet west of N 5th Ave and W Lewis St intersecon, then east on W Lewis St to a point 50 feet east of N 2nd Ave and W Lewis St intersecon right-of-way to right-of-way. ●Exisng features to be surveyed include building limits, door entrances, curb, guer, sidewalk, underground ulies, ulity poles, landscaping limits, trees (DBH), pavement/concrete grades, and awning limits. ●Cross street survey limits will include 75 feet from the curb return on W Lewis St. ●Private drives will include 25 feet from the back of sidewalk. ●A private ulity locator is not included in this scope. We will request public ulity locates only. ●The horizontal datum will be based on the City of Pasco datum, NAD 83(2011). The vercal datum will be based on the City of Pasco datum, NAVD 88. Ulized benchmarks will be referenced. Task 2.0 Deliverables: ●AutoCAD Civil3D Survey Base drawing. ●Raw Survey Data (T02, dc, csv files) ●Topographic survey stamped by a licensed surveyor 3.0 DATA COLLECTION AND REVIEW 3.1.REVIEW AS-BUILTS, MAPPING, REPORTS, AND STUDIES 3.1.1.Obtain and review as-builts provided by the City, based mapping, and any previously completed reports and studies relevant to the corridor to further develop project understanding and history of work completed to date. This includes site furnishings, paving, light standards etc. from both the Lewis Overpass and Peanuts Park improvement projects. 4.0 ALTERNATIVES ANALYSIS 4.1.ALTERNATIVES DESIGN DEVELOPMENT 4.1.1.Working in conjuncon with DKS Associates we will prepare and analyze up to three cross secon alternaves that provide opons for balancing priories between bicycles, pedestrians, vehicular travel lanes and parking, site furnishings, and sidewalk width. Each alternave will include a typical secon and graphical rendering similar to what was provided for the MacKay Sposito Lewis Street interview presentaon. 4.2.ALTERNATIVES DESIGN ANALYSIS 4.2.1.This includes one (1) meeng with City staff to review and refine alternaves based on City and stakeholder input. A memorandum will be developed that: ●graphically depicts each alternave ulizing graphical renderings provided for the MacKay Sposito Lewis Street interview presentaon. This task does not include preparing detailed design or line work for each alternave. Intersecon alternaves will be shown using previous or similar project photos or designs. ●idenfies pros and cons of each alternave for each priority listed above ●provides ROM construcon cost esmates ●idenfies a recommended alternave with supporng jusficaon Scope and fee for preparing for and leading an alternaves analysis presentaon to City Council is included under the Public Engagement task. Page 76 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 Task 4.0 Deliverables: ●Alternaves memorandum, graphic renderings, and ROM construcon cost esmates for up to three (3) cross secon alternaves ●Photos or designs of previous similar projects depicng sample intersecons for each alternave 5.0 30% DESIGN 5.1.CIVIL ENGINEERING, URBAN DESIGN, LANDSCAPE ARCHITECTURE 5.1.1.Building upon the alternaves analysis and preferred alternave, our team will develop the 30% design for City review. This task includes preparing 30% conceptual layout roadway construcon plans showing preliminary horizontal geometry design, curb locaons, lane configuraon, preliminary stormwater systems, and preliminary striping layout. Key elements include: ●Evaluate exisng condions with as-builts and complete field verificaon ●Preliminary horizontal alignments ●Preliminary intersecon layout/turning movement ●Preliminary drainage analysis and conceptual drainage layout ●Preliminary Typical Secons ●Landscape concept design ●Update engineer ’s esmate from the alternaves analysis for the prefered alternave 5.2.QA/QC 5.2.1.Complete quality assurance and quality control reviews of the 30% design and address comments prior to subming to the City for review. Task 5.0 Deliverables: ●30% Conceptual Design Layout, pdf at 1”=50’ scale for the corridor, plus 22x34 at 1”=20’ scale for each intersecon. ●Updated engineer ’s esmate for the prefered alternave ●WSDOT based specificaons outline ●Typical Secons 6.0 PERMITTING 6.1.NEPA CATEGORICAL EXCLUSION SUPPORT 6.1.1.MacKay Sposito will support the City’s HUD Community Development Block Grant Manager (Responsible Enty, RE) with the Environmental Review Record (ERR) through providing the project descripon and other narrave support. Perming Assumpons : ●The City will be responsible for preparing all NEPA forms, conducng all required public noces, preparing fund release requests/cerficaons, signing and subming all documentaon to HUD, and providing all communicaon with HUD. Page 77 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 ●The project is expected to fit categorical exclusion 24 CFR 58.35(a)(1). An Environmental Assessment or Environmental Impact Statement is not included in this scope. ●The only detailed study included is for cultural resources. This report is included in a separate task. ●Up to 20 hours of me is included in this task to support the City’s NEPA documentaon process. ●Compleon of the HUD NEPA process is expected to meet the Washington State Department of Commerce’s Environmental Review process. No addional documentaon or coordinaon for the Commerce’s Environmental Review process is included. ●A site visit is not included. 6.2.SEPA CHECKLIST 6.2.1.A SEPA checklist will be prepared to document potenal project environmental impacts with the City of Pasco as the project lead. Perming Assumpons : ●The project will receive a determinaon of non-significance. ●Up to two hours are included to address public comments. ●A site visit is not included ●Construcon stormwater permit is not included 7.0 90% DESIGN 7.1.90% DESIGN PLANS 7.1.1.The Consultant will prepare 90% plans for City review and approval. This task includes addressing 30% review comments. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Plan informaon will include: Plan Sheets (est.50 sheets) ●Cover/Vicinity Map (1 sheet) ●General Notes, Abbreviaons, Legend (1 sheet) ●Sheet Index (1 sheet) ●Typical Secons (1 sheet) ●Demolion (1”=20’, 4 sheets) ●Erosion and Sediment Control Plans (1’=20”, 1 plan sheet and 1 detail sheet) ●Street and Storm Plan and Profile (1”=20’, 11 sheets) ●Intersecon Plans (1”=20’, 4 sheets) ●Signing and Striping (1”=20’, 6 sheets) ●Streetscape/Materials Plans (1”=20’, 5 sheets) ●Landscaping Plans and Details (1”=20’, 5 sheets) ●Irrigaon Plan and Details (1”=20’, 4 sheets) ●Project Details (5 sheets) ●See traffic engineering scope for addional informaon (lighng, etc.) 7.2.HYDROLOGIC CALCULATIONS Page 78 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 7.2.1.C ollect and review available data relang to the drainage and water resources from Federal, State, and local agencies. Prepare stormwater drainage analysis and runoff calculaons as required to meet Dept. of Ecology and City of Pasco standards for stormwater treatment and disposal. Prepare stormwater modeling calculaons and submit calculaons to the City. A formal hydrology report will not be prepared. 7.2.2. Prepare and fill the Department of Ecology’s Underground Injecon Control (UIC) applicaon for the proposed infiltraon systems. 7.3. SPECIFICATIONS 7.3.1. Prepare project specificaons including Division 1 specials (but not preparaon of the enre contract book), and dra general special provisions. Incorporate the latest versions of all required specificaons including Housing and Urban Development provisions, WSDOT amendments, and City standards for material selecon. 7.4. ENGINEER’S ESTIMATE 7.4.1. Further refine the 30% engineer’s esmate to update with the current unit bid prices and addionally idenfied bid items as needed. Confirm the esmate aligns with the ancipated construcon budget, and if not, make suggesons to bring into alignment. Task 7.0 Deliverables: ●Exhibits for key design decisions will be developed, shared with the City, and comments discussed at client meengs to help guide the design from 30% to 90% ●90% plan set as idenfied above ●Dra specificaons ●Hydrologic calculaons ●90% Engineer’s esmate ●Department of Ecology UIC’s applicaon 8.0 FINAL (100%) BID DOCUMENTS 8.1. 100% DESIGN PLANS 8.1.1. The Consultant will prepare 100% construcon bid ready plans. This task includes addressing 90% review comments. Plan informaon will include: Plan Sheets (est.50 sheets) ●Cover/Vicinity Map (1 sheet) ●General Notes, Abbreviaons, Legend (1 sheet) ●Sheet Index (1 sheet) ●Typical Secons (1 sheet) ●Demolion (1”=20’, 4 sheets) ●Erosion and Sediment Control Plans (1’=20”, 2 plan sheet and 1 detail sheet) ●Street and Storm Plan and Profile (1”=20’, 11 sheets) ●Intersecon Plans (1”=20’, 4 sheets) ●Signing and Striping (1”=20’, 6 sheets) ●Streetscape/Materials Plans (1”=20’, 5 sheets) Page 79 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 ●Landscaping Plans and Details (1”=20’, 5 sheets) ●Irrigaon Plan and Details (1”=20’, 4 sheets) ●Project Details (5 sheets) ●See traffic engineering scope for addional informaon (lighng, etc.) 8.2.SPECIFICATIONS OUTLINE 8.2.1.Address review comments provided with the 90% specificaons submial. Prepare and submit construcon bid ready final specificaons. 8.3.ENGINEER’S ESTIMATE 8.3.1.Incorporate review comments and any revisions due to design quanty and bid items changes into a final engineer ’s esmate. Task 8.0 Deliverables: ●100% plan set as idenfied above ●Final project specificaons ●100% Engineer ’s esmate 9.0 PUBLIC ENGAGEMENT (AV CONSULTING/MACKAY SPOSITO) The following outlines MacKay Sposito’s and Alma Villegas (AV Consulng) scope of work and roles for public engagement. 9.1 PUBLIC ENGAGEMENT KICK OFF MEETING 9.1.1.Facilitate a public involvement virtual kickoff meeng with the City to: ●Review the public outreach approach with key staff, confirm stakeholders, and confirm tasks/roles for AV, MacKay Sposito, and the City. ●Discuss and confirm how to provide outreach to not only downtown business owners but the broader community. Discuss outreach material branding, and communicaon approach through social media and media outlets. ●Review and analyze findings from previous City outreach efforts. Develop content and survey tools based on our findings. ●Confirm two community events that the city would like to use for public outreach. Such as Chamber meengs, community events, or other opportunies that will be confirmed at this meeng. Roles: ●AV Consulng will lead in the facilitaon of this meeng, confirming strategy for all PI events and the review of previous outreach materials completed by the City for Peanuts Park and Lewis Street Overpass. ●MacKay Sposito will organize and set up the meeng, produce meeng agenda and minutes, confirm stakeholders, and develop materials such as comment cards, mailers, and survey tools. Task 9.1 Deliverables: Meeng agenda, meeng notes, list of proposed stakeholders, dra comment cards/mailers, and survey tool preferences. Page 80 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 9.2. LEWIS STREET OVERPASS GROUND BREAKING CEREMONY 9.2.1. Aend Lewis Street Overpass ground breaking ceremony to solicit community feedback on the upcoming Lewis Street project. This will include seng up a staon to engage the public, capture comments and contact informaon for project updates. Exhibits will include idenfying the project limits, typical street secons, illustrave materials from Peanuts Park and the Lewis overpass that shows how this project relates to projects currently under construcon and aesthecs, and project schedule. We will use this me to receive comments verbally or through comment cards, share project website locaon and obtain contact informaon for the public. Roles: ●AV Consulng will not be in aendance for this meeng due to scheduling conflicts. AV Consulng will provide feedback and translaon for the survey quesons for the Lewis Street ground breaking open house. ●MacKay Sposito will develop all materials for the groundbreaking ceremony and will facilitate conversaons, and summarize our findings. Task 9.2 Deliverables: Exhibits for Lewis Overpass ground breaking ceremony, comment cards and summary memo of comments received. 9.3. STAKEHOLDER ENGAGEMENT 9.3.1. Stakeholder meeng (At the compleon of the 30% Design Submial): ●Contact and coordinate meeng dates and mes with the proposed stakeholders. Idenfied stakeholders who do not want to be involved will be interviewed and asked if there is someone else they would recommend as a stakeholder. ●Facilitate a Stakeholder Meeng: This meeng will be to onboard the stakeholders, explain the project and their roles, set ground rules for engagement, and address any concerns. ●During the stakeholder meeng will be to review the dra concepts, costs, and materials such as site furnishings, street trees, parking and construcon impacts. Listen and address any concerns. ●Develop and Iniate a public survey for the project for the general public’s consumpon. Roles: ●AV Consulng will contact and coordinate with local business and community group stakeholders. AV Consulng will also facilitate the stakeholder meeng in-person, strategize on the meeng agenda, messaging, goals and objecves, and the public survey. ●MacKay Sposito will contact and coordinate with other stakeholders to set up the meeng, produce meeng agenda, notes, and provide materials that can be used by the city for social media uses. These products will be produced as part of tasks 4.0 and 5.0. Page 81 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 Task 9.3 Deliverables: Illustrave graphics that depict the corridor and areas of impact,meeng agenda and notes, updated list of stakeholders, media and social media content. 9.4. BUSINESS/PROPERTY OWNER OUTREACH: 9.4.1. Outreach Effort #1: This task includes scheduling and conducng door to door interviews with the business and property owners within the project limits. The first effort will take place prior to the Alternave Analysis so that we can hear concerns and address them during this task. ●Contact and coordinate meeng dates and mes, coordinate with the City project manager. ●Facilitate individual meengs: These meengs will be held to explain the project, construcon impacts, and migaon measures, and capture any preliminary concerns. We will also show the project limits and schedule and idenfy addional outreach opportunies, including a second round of individualized meengs. ●Aend a meeng with the City project manager to review our findings and discuss direcon on incorporang this informaon into the 30% or conceptual design. 9.4.2. Outreach Effort #2: This task includes scheduling and conducng a second round of door to door interviews with the business and property owners to review the Alternave Analysis and 30% design documents to take input and address any concerns . ●Contact and coordinate meeng dates and mes, coordinate with the City project manager. ●Facilitate individual meengs: These meengs will be held to review preliminary concepts, and discuss construcon impacts to each business owner and the migaon measures that will be undertaken. All feedback will be captured and communicated to the design team. Roles: ●AV Consulng will strategize with the team on our approach and messaging for the individual outreach, provide guidance during this process, translaon services for flyer development. AV Consulng will focus on leading in-person door to door interviews with hispanic owned businesses and properes and other primary stakeholders within the project limits. For Outreach Effort #1, door to door interviews will take place in conjuncon with task 9.1.1 to minimize travel me. For Outreach Effort #2, door to door interviews will take place in conjuncon with task 9.3.1 to minimize travel me. ●MacKay Sposito will contact and coordinate with other business or property owners not idenfied under AV Consulng above, set up the meengs, and produce a summary of our findings. Illustrave materials that will be used for this outreach will be produced as part of tasks 4.0 and 5.0. Page 82 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 Task 9.4 Deliverables: Summary of findings, list of contact informaon and project flyers. 9.5. OPEN HOUSE EVENT 9.5.1. An open house will be planned aer compleon of the Alternave Analysis and prior to starng the 30% design task. This meeng will provide a community-wide update on the planning effort and build excitement around the project. ●Develop and facilitate a virtual open house to provide the community with a project overview, including schedule and preliminary concepts. ●Develop a survey tool to capture comments during the virtual event and that provides alternave interacon methods, such as virtual comment cards or an email address to respond to. Roles: ●AV Consulng will co-lead the open house event with MacKay Sposito, strategize with the team on our approach for the open house and messaging, and provide translaon services for comment cards, survey tools, and social media outreach. ●MacKay Sposito will coordinate and set up the open house event and produce a summary of our findings. Illustrave materials that will be used for this outreach will be produced as part of tasks 4.0 and 5.0. Task 9.5 Deliverables : Illustrave graphics from task 4.0 and 5.0 that depict the corridor and Alternave Analysis findings, depcs roadway impacts, and future development. Outreach materials will include digital flyers, comment tools, and media content. 9.6. COMMUNITY OUTREACH EVENTS 9.6.1. We ancipate opportunies to aend previously scheduled meengs or events where we can provide updates and advocate for the project. ●Aend (2) community events, as idenfied in task 9.1. The team will either set up a temporary booth and bring project boards with graphics that will depict the proposed road improvements, or create a PowerPoint presentaon that could be facilitated virtually or in person. As part of this task we will address and summarize public concerns or comments during the event. ●Aend a meeng with the City project manager to review our findings and discuss direcon on incorporang this informaon into the 30 and 90% designs. Roles: ●AV Consulng will lead the events and strategize on the messaging. ●MacKay Sposito will assist AV Consulng, summarize the findings and develop all presentaon materials. Task 9.6 Deliverables: Illustrave graphics that depict the corridor and areas of impact. We will also develop a summary memo of our findings. Page 83 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 9.7. CITY COUNCIL 9.7.1. We ancipate aending two (2) Council meengs during the design process. The first will be a workshop aer the Alternave Analysis tasks to go over the findings, recommendaons and cost implicaons, and schedule and impacts due to construcon. We will share preliminary concepts and construcon budgeng and a preliminary schedule. The second meeng will be held prior to issuing the final PS&E documents and going out for bid. An overall project update will be provided to Council along with reviewing the project schedule and budget. ●Prepare for and facilitate a City Council workshop to review the preliminary concepts and obtain feedback prior to iniang the next design phase. ●Prepare for and aend a City Council meeng to provide a project update and obtain feedback prior to finalizing the design and iniang the bidding process. Roles: ●AV Consulng will aend in-person and assist in the facilitaon of the council workshop and strategize on the messaging. ●MacKay Sposito will co-facilitate the City Council workshop with AV Consulng, prepare materials for both the workshop and for council approval. Task 9.7 Deliverables: Presentaon materials for the City Council workshop and meeng. 10.0 TRAFFIC ENGINEERING AND LIGHTING DESIGN (DKS ASSOCIATES) See enclosed scope and fee proposal from DKS and Associates. 11.0 CULTURAL RESOURCES (TIERRA RIGHT OF WAY) See enclosed scope and fee proposal from Tierra Right of Way. 12.0 CONSTRUCTION BIDDING SUPPORT (MACKAY SPOSITO) 12.1. BIDDING Answer bidder quesons and issue one (1) addendum including modificaons of up to six (6) plan sheets and up to six (6) specificaon secons. This task assumes the City will be the primary point of contact for bidders and the consultant will answer design related quesons from the City. General Assumpons: 1. Noce to proceed provided by June 2021 and 37 weeks to deliver final construcon documents. 2. Design submials will be provided at 30%, 90% and Final PS&E. 3. Plans will be prepared ulizing MacKay Sposito draing standards. 4. Design will follow City of Pasco design standards. 5. Project does not include Federal Highway Administraon Funding and will not be required to follow WSDOT’s Local Agency Guidelines or Design Manual, including but not limited to Praccal Design and the Highway Runoff Manual. Page 84 of 151 Design Services Lewis Street Corridor 2nd to 5th Avenue Improvements June 7, 2021 6. Coordinaon for public or private ulity relocaon is not required. 7. Exisng ulity potholing is not required for the storm design or modificaon to the exisng conveyance system. 8. The City will require two weeks review me at each submial phase. 9. A permanent irrigaon system will be designed for all planngs within the ROW. 10. All perming and design review submials will be made electronically. 11. Fee proposal includes a 10% subconsultant markup. 12. The allotment of meengs provided in this scope have been reduced due to budget constraints. If addional meengs are required a budget amendment may be requested. 13. The 60% design submial has been excluded from this scope due to budget constraints. If addional submials and associated work to address client review comments are needed a budget amendment may be requested. 14. Detailed grading at businesses doors are not included. The plan set will include a general note to provide guidance for the contractor on how to adjust grading at the business doors to be ADA compliant. 15. Translaon services will be provided for up to ten one-page flyers or survey documents. Exclusions 1. Parking study 2. Arborist services 3. Potable water design 4. Sanitary sewer design 5. Public art design or coordinaon 6. Property owner negoaons 7. Stormwater conveyance system design (assumed onsite infiltraon) 8. Structural engineering 9. Geotechnical engineering, including but not limited to onsite infiltraon tesng and pavement design 10. Noise study 11. Retaining wall design 12. Right-of-Way acquision 13. Construcon phase services 14. Significant private ulity coordinaon 15. Coordinaon with Housing and Urban Development (HUD), which is assumed to be provided by the City. The plans, specificaons, and engineer’s esmate will incorporate required HUD provisions. 16. Private ulity service and relocaon coordinaon. 17. Ulity potholing or coordinaon for potholing 18. Department of Ecology Construcon Stormwater Permit Applicaon, Noce of Intent, and SWPPP. Page 85 of 151 DKS - SCOPE OF WORK City of Pasco – Lewis Street Corridor (2nd to 5th Ave) Improvements Statement of Purpose The City of Pasco (City) is looking to improve the Lewis Street Corridor and connect two significant projects, the Lewis Street Overpass and Peanuts Park Restoration. This project will improve the roadway, sidewalks, landscaping, and bicycle/pedestrian facilities on Lewis Street from 2nd Avenue to 5th Avenue. Task 1: Project Management The Consultant (DKS Associates) will perform project management and administration tasks including the following: ·Submit monthly invoices, including hours by major task ·Provide monthly progress reports that describe work completed ·Maintain applicable contract-required documentation Task 2: Alternatives Analysis Consultant will conduct existing conditions safety analysis along the Lewis St corridor and at each project intersection. Data collection will include all reported crashes from the WSDOT collision database for the most recent 5-year period (2016-2020). Consultant will provide a table and map of collisions and analysis of the most common crash types and contributing circumstances. Consultant will perform operations alternatives analysis to inform the design process. Up to three (3) alternatives will be compared quantitatively and qualitatively for benefits and impacts to general purpose traffic, pedestrians, bicycles, and transit users. Alternative models may include nearby intersections to Lewis Street from 2nd Avenue to 5th Avenue. Result memorandums for the analysis will only include results on Lewis Street from 2nd Avenue to 5th Avenue. The City will provide any existing turning movement counts from within the past year. All alternatives will be based on existing year traffic volumes (2021) and new counts will be collected by the Consultant where necessary. The alternatives will be quantitatively analyzed using Synchro 10 software. Measures of effectiveness will include level of service, delay, and queuing at intersections. The alternatives will be agreed upon between the City and the Consultant prior to analysis being performed and will be documented in a methods and assumptions memorandum. Previously developed models will be used as a starting point and updated with current traffic data like new counts, current signal timing, and current geometry. Page 86 of 151 Alternatives that will be analyzed include an existing year (2021) no-build model and up to three build alternatives. The alternatives will be modeled for both the AM and PM peak hour for a typical weekday. The Consultant will complete one field visit to review intersection geometry and observe traffic operations. The field review will observe both AM and PM peak hours on a typical weekday. Results of the alternatives analysis will be summarized in an alternatives analysis memorandum. Any comments from the City will be addressed in subsequent tasks. Deliverables: · Methods and Assumptions memorandum (Word and PDF, one version, approx. 3 pages) · AM and PM Peak hour year 2021 Existing Conditions No Build Synchro models · AM and PM peak hour year 2021 Build Conditions Synchro models (up to 3) · Alternatives Analysis Results memorandum (Word and PDF, one version, approx. 2 pages) Task 3: Lighting Design The Consultant will develop the illumination design for the contract PS&E. The illumination design will include new luminaires and poles along Lewis Street from 2nd Avenue to 5th Avenue. The design will include lighting the intersections as well as roadway segments and any mid-block pedestrian crossings. The Consultant will complete a site visit (can be completed at the same time as the traffic analysis site visit). The site visit will document existing lighting infrastructure like junction box, light pole, and wiring locations. The visit will also document service location. One City staff member familiar with the existing lighting infrastructure should be present for the field visit to facilitate the field review. The Consultant will evaluate the electrical service requirements for the new illumination system and determine type of electrical service equipment required on this project. The Consultant will prepare service applications for any new services. The Consultant will complete an AGi software lighting analysis of the luminaire layout for the project area. The lighting analysis will be conducted as part of the 30% design and may be updated for future design submittals. The Consultant will work with the City to determine the general layout and configuration, type of light fixture for the roadway lighting to be used on this project, and model photometrics in AGi that match the chosen fixture. The Consultant will provide lighting design that show spacing of luminaires meeting standard spacing requirements. Preliminary design will show the lane configuration, type of luminaire configuration, and spacing between luminaires. 30% Illumination Plans will indicate luminaire and cabinet locations. The Consultant will prepare the illumination plans and details in accordance with the local Page 87 of 151 standards, guidelines and the MUTCD. The Consultant will submit to the City a set of illumination plans showing proposed locations for the new illumination, wiring diagrams, and electrical hardware. The Consultant will prepare quantity takeoffs, tabulations, and backup calculations for this work based on the local standards and bid items. The Consultant will coordinate with Client staff to receive comments on each plan submittal and respond to each set of comments. WSDOT standard design tables will be used for luminaire foundation designs. The Consultant will provide the Prime Consultant with the illumination layout, design, and construction notes. The Consultant will have a licensed Washington State Professional Engineer stamp the Illumination Plans for the Illumination Design. Assumptions: · Consultant will attend up to one (1) meeting with power utility provider. · Illumination design will be in accordance with local standards and the IES RP-8. · Unique, specialized design architectural lighting is not included in this scope of services. · A new service cabinet will be included if needed for the project. · All luminaires on the project will be LED. · Street light spacing will be based on local standards and preferred luminaire model. The corridor will be analyzed using AGI32 lighting analysis software in order to optimize the corridor luminaire spacing. · Up to three (3) plan/plan sheets plus two (2) detail sheet will be required for this effort. · Illumination plan sheets will be drawn at 1:40 scale using AutoCAD. Deliverables: · Draft/Final AGi analysis results memorandum (Word and PDF) · Draft Plans and Estimate for 30% (PDF and excel formats and CAD files) · Draft Plans, Specifications and Estimate for 60%, 90%, and 100% submittals (PDF, Word and Excel formats and CAD files) · Final Plans, Specifications, and Estimate for bid (PDF, word and excel formats and CAD files) Page 88 of 151 City of Pasco Lewis Street Corridor (2nd to 5th) Improvements Task Description Task 1: Project Management Project Administration 2 8 4 14 3,190.00$-$3,190.00$ Check-in Meetings 12 4 2 18 4,100.00$-$4,100.00$ Task 2: Alternatives Analysis Existing Year (2021) No-Build 1 4 2 12 19 3,425.00$-$3,425.00$ Existing Year (2021) Alternative 1 1 2 2 8 13 2,335.00$-$2,335.00$ Existing Year (2021) Alternative 2 1 2 2 8 13 2,335.00$-$2,335.00$ Existing Year (2021) Alternative 3 1 2 2 8 13 2,335.00$-$2,335.00$ Existing Conditions Safety Analysis 4 4 8 16 2,920.00$-$2,920.00$ Results Memorandum 1 4 4 16 1 26 4,515.00$-$4,515.00$ Task 3: Lighting Design AGi Analysis 2 8 10 1,570.00$-$1,570.00$ 30% Plans and Estimate 1 2 4 8 4 19 3,005.00$-$3,005.00$ 60% Plans, Spec, and Estimate 1 8 8 12 6 35 6,005.00$-$6,005.00$ 90% Plans, Spec, and Estimate 2 6 8 12 6 34 5,790.00$-$5,790.00$ 100% Plans, Spec, and Estimate 2 4 4 8 2 20 3,680.00$-$3,680.00$ Final Plans, Spec, and Estimate 2 1 2 4 2 11 1,945.00$-$1,945.00$ Field Visit 16 16 1,000.00$32 5,360.00$1,000.00$6,360.00$ Total Hours 15 59 64 60 70 20 5 1,000.00$ Hourly Rate $295.00 $255.00 $185.00 $145.00 $150.00 $65.00 $140.00 Total Hours Total Wages Total Expense s Project Total 293 52,510.00$1,000.00$53,510.00$ Totals - By Consultant GRAND TOTAL:$53,510.00$53,510.00 Total Labor By TaskAnalysis Engineer (Ilana)DKS - Scope of Serv ices City of Pasco Lewis Street Corridor (2nd to 5th) Improv ements Estimated Budget April 30, 2021 DKS Associates Principal (Eric)Design Engineer (Htet) ExpensesAnalysis/Design Lead (Matt)CAD Designer (Rebecca)Admin (Betsy) Total Expenses By Task Grand Total By TaskTotal Hours By TaskProject Manager (Brian)DKS Page 1 of 1 6/7/2021Page 89 of 151 ______________________________________________________________________________________________ 608 E Second Avenue, Suite 208 ● Spokane, Washington 99201 ● Phone: 509.655.7447 R i g h t o f W a y ● C u l t u r a l R e s o u r c e s ● E n v i r o n m e n t a l P l a n n i n g F e d e r a l , S t a t e , a n d L o c a l P e r m i t t i n g ● G I S / C A D M a p p i n g Toll Free: 800.887.0847 ● w w w . t i e r r a - r o w . c o m May 27, 2021 Jason S. Irving, PE MacKay Sposito 1110 Osprey Pointe Blvd., Suite 105 Pasco, WA 99301 Re: Cultural Resources Inventory for the Lewis Street Corridor (2nd to 5th Avenue) Improvements, Project #20007, City of Pasco, Franklin County, Washington Dear Jason, Tierra Right of Way Services, Ltd. (Tierra) is pleased to submit this proposal to provide cultural resources services for the above-referenced project. The City of Pasco (City) is proposing improvements including roadway resurfacing and reconfiguration, replacing sidewalks, stormwater retrofits, street lighting upgrades, and installation of decorative features. Additionally, the improvements to the corridor will focus on streetscape, ADA compliance and increased pedestrian and bicyclist safety, and allow for outdoor sitting areas along the commercial corridor. The project is being funded by a Community Development Block Grant (CDBG) grant through the U.S. Department of Housing and Urban Development (HUD), Washington State Capital Budget Direct Appropriation (Commerce), and local funds. As such, the project will be completed in compliance with Section 106 of the National Historic Preservation Act (NHPA) and implementing 36 CFR 800. The City is currently defining the project’s area of potential effects (APE) in coordination with HUD and the Washington Department of Archaeology and Historic Preservation (DAHP). Tierra assumes the APE will take into account both direct effects (i.e., ground disturbance and staging areas) and indirect effects (i.e., visual, vibratory, and aural effects), with the area of indirect effects encompassing the direct effects APE and immediately adjacent tax parcels. This proposal provides a brief description of the scope of work and cost to complete the study. Tierra’s project team meets the Secretary of Interior’s Standards for Professional Archaeologists and Architectural Historians and all work will be completed in compliance with the cultural resources requirements of DAHP and Section 106 of the NHPA. The proposed scope of work will include the following tasks: Task 1. Project Management and Agency Coordination: Tierra will coordinate with MacKay Sposito, the City, HUD, and DAHP, as needed. In accordance with Section 106, the HUD (or the City, on behalf of HUD), will consult with the affected Tribes. Other items under this task include project management, team meetings, and billing. To begin the project, Tierra will confirm the APE with a map from the City, to be provided by MacKay Sposito. Task 2. Background Research and Literature Review: A preliminary review of the DAHP Washington Information System for Architectural and Archaeological Records Data (WISAARD) database revealed no Page 90 of 151 previously recorded archaeological sites within the APE; however, several archaeological resources have been documented in the vicinity. In addition, the DAHP’s statewide predictive model indicates that the majority of the APE lies within an area with very high risk for containing archaeological features and/or materials. An SOI- qualified archaeologist will conduct a review of soils and geomorphological information, development history of the project area, historical maps (e.g., General Land Office [GLO], Metsker, Sanborn, etc.), the WISAARD database for previous sites and surveys within one mile of the APE, and other pertinent environmental and historical sources. Based on the desktop analysis, Tierra will formulate expectations for the archaeological sensitivity of the APE. An SOI-qualified architectural historian from Gorman Preservation Associates (GPA) will also review the WISAARD and conduct archival research at the Washington State Historical Society, Franklin County Historical Society & Museum, Washington State Archives, Spokane Public Library’s Northwest Room (if open), and the Northwest Museum of Arts and Culture Archives, as necessary. Research will include general history, historic photographs, maps, original plans (if any), and building records, if available. Task 3. Architectural Survey: GPA will perform an on-site survey of the area, photograph all elevations and obliques of each architectural resource within the APE, and take detailed field notes. Using background research (Task 2), the architectural historian will establish the appropriate historic contexts (national, state, and local) in which to evaluate any architectural resources identified during field survey. Such historic contexts provide the foundation for evaluating the potential historic significance of the resource as individual properties or contributors to a historic district. Task 4. Reporting and Deliverables: Tierra and GPA will prepare a Cultural Resources Inventory Report summarizing the results of the work that reflects the professional standards for format and content as expressed in the guidelines prepared by DAHP. The technical report will include maps, photographs, and inventory forms for any recorded archaeological and/or architectural resources. Up to 35 Historic Property Inventory (HPI) forms will be completed; each form will include a physical description, brief historic context, and evaluation of the resource’s eligibility for listing in the National Register of Historic Places (NRHP). Supplementary documents required by DAHP will include maps and photographs of the resources. Tierra will submit a draft technical report to MacKay Sposito, the City, and HUD for review. Any client and/or agency comments will be addressed and a revised report (pdf format) including a DAHP coversheet, resource forms, and any additional attachments, provided for final submittal. Assumptions Project plans, shapefiles, and previous communication with agencies and Tribes will be provided to Tierra upon award. The City and/or HUD will continue consultation with the affected Tribes. Upon request by the City, Tierra will notify the Tribes via email of the fieldwork. Recording of more than 35 architectural resources will be considered out of scope. Client will be notified before any out of scope work takes place. One set of comments on the report will be received and addressed. Cost and Schedule Tierra can complete the work for a cost not-to-exceed $14,995.00. Client will be billed time and materials only. Tasks 1 and 2 will begin upon receiving a signed contract. Fieldwork can begin within 10 days of confirming the APE definition with MacKay Sposito. A draft Cultural Resources Inventory Report and resource forms will be Page 91 of 151 submitted to MacKay Sposito and the City within 20 business days of fieldwork completion. The final report and deliverables will be submitted within 10 days of receiving the City’s comments. If you approve this estimate, please sign below and return to me via email. Should you have any questions please contact me at (509) 655- 7447 or at sdampf@tierra-row.com. Sincerely, Steven Dampf, MS Project Archaeologist, Cultural Resources Division Page 92 of 151 Project Manager Principal Investigator Project Archaeologist Editor GIS Analyst Total task cost Hourly rate $125.00 $105.00 $95.00 $80.00 $85.00 Task 1 PM, Tribal, Agency coordination 4 $500.00 0 $0.00 4 $380.00 0 $0.00 0 $0.00 $880.00 Task 2 Background Review 0 $0.00 0 $0.00 4 $380.00 0 $0.00 0 $0.00 $380.00 Task 4 Report Writing 0 $0.00 4 $420.00 16 $1,520.00 5 $400.00 5 $425.00 $2,765.00 GRAND TOTAL 4 $500.00 4 $420.00 24 $2,280.00 5 $400.00 5 $425.00 $4,025.00 Total hours 42 Direct Expenses:Rate Units Total GPA (Tasks 3, 4 - Architectural Assessment)$10,970.00 1.0 $10,970.00 Total Direct Expenses $10,970.00 Total Estimate $14,995.00 Lewis Street Cultural Resources Inventory Tierra Right of Way - HOURLY ESTIMATE WORK ELEMENT Page 93 of 151 12020 N. Country Club Drive Spokane, WA 99218 509.279.5845 April 30, 2021 Mr. Steve Dampf Project Archaeologist Tierra Right of Way Services, Ltd. 608 W. 2nd Avenue, Suite 208 Spokane, WA 99201 Re: Proposal to Provide Architectural History Services for the Lewis Street Corridor (2nd to 5th Avenue) Improvements, Project #20007, Pasco, Franklin County, Washington Dear Mr. Dampf, Gorman Preservation Associates (GPA) is pleased to submit this proposal to provide Architectural History Services for the Lewis Street Corridor (2nd to 5th Avenue) Improvements Project, Project #20007, located in the city of Pasco, Franklin County, Washington. GPA understands that the project proposes to include roadway resurfacing and reconfiguration, replacing sidewalks, stormwater retrofits, street lighting upgrades, and installation of decorative features. Additionally, the improvements to the corridor will focus on streetscape, ADA compliance and increased pedestrian and bicyclist safety, and allow for outdoor sitting areas along the commercial corridor. The project is being funded by a Community Development Block Grant (CDBG) grant through the U.S. Department of Housing and Urban Development (HUD), Washington State Capital Budget Direct Appropriation (Commerce), and local funds. As such, the project will be completed in compliance with Section 106 of the National Historic Preservation Act (NHPA) and implementing 36 CFR 800. This proposal provides a short description of the scope of work to be provided, and the cost to complete the project as described. All work proposed will be conducted by Principal, Jennifer Gorman, who exceeds the Secretary of the Interior’s qualifications for an Architectural Historian. All work will be completed in compliance with the cultural resources requirements of the Washington State Department of Archaeology and Historic Preservation (DAHP) and Section 106 of the NHPA. GPA will bill you on time-and-materials basis in accordance with our standard billing rates. Scope of Work Task 1. Project Management/Pre-field: GPA will coordinate with the Tierra ROW Archaeologist and MacKay Sposito Project Manager (as needed) for the project. Task items include pre-field preparation, generating survey maps, team meetings and phone calls. Task 2. Research and Site Visit: GPA will first perform an on-site survey of the project area, photograph all elevations and obliques of the resources within the area of potential effect (APE), and take detailed field notes. The Lewis Street corridor is within the historic core of the city, although no NRHP-eligible historic districts within this area have been previously recorded. Page 94 of 151 April 30, 2021 Mr. Steve Dampf Page 2 of 3 However, a majority of the corridor is lined with buildings that are more than 45 years old and may be impacted by project actions. GPA will conduct research to establish the appropriate historic contexts (national, state and local) in which to evaluate the resources. Archival research will be conducted at the Washington State Historical Society, Franklin County Historical Society & Museum, Washington State Archives, Spokane Public Library’s Northwest Room (if open), and the Northwest Museum of Arts and Culture Archives. Research will include general history, historic photographs, maps, original plans (if any), and building records, if available. Expenses include research and travel fees. Task 3. Inventory Forms: GPA will then complete up to thirty-five (35) Historic Property Inventory (HPI) forms that include architectural descriptions, a brief historic context, and addresses the subject properties’ eligibility, including an assessment of their integrity as defined in NRHP Bulletin #15; How to Apply the National Register Criteria for Eligibility. HPI forms will be completed for the property through DAHP’s online database the Washington Information System for Architectural and Archaeological Records Data (WISAARD). Task 4. Final Report: The final report will include a Cultural Resource Survey Report in coordination with the project archaeologist in compliance with DAHP’s Standards for Cultural Resource Reporting for Architectural History and Archaeology. Accordingly, the report will evaluate the resources’ eligibility for listing in the NRHP. The report will also be uploaded and submitted to DAHP through the WISAARD database, upon approval from HUD and the City of Pasco. Cost The total cost for this project is $10,970.00. This cost includes the pre-field, site visit, coordination time with the Tierra ROW Archaeologist, and MacKay Sposito Project Manager, and preparation of the final cultural resources report and up to 35 HPI forms. A cost breakdown is below: 1. Project Management and Pre-field Architectural Historian 84.00 12.00 $ 1,008.00 Subtotal $1,008.00 2. Site Visit & Research Architectural Historian 84.00 16.00 $ 1,344.00 Mileage 300.00 0.560 $ 168.00 Research Fees 50.00 1.00 $ 50.00 Subtotal $ 1,562.00 3. HPI Forms (up to 35) Architectural Historian 84.00 60.00 $ 5,040.00 Subtotal $5,040.00 4. CRSR (Report) Architectural Historian 84.00 40.00 $ 3,360.00 Subtotal $3,360.00 Total Estimated Cost $10,970.00 Page 95 of 151 April 30, 2021 Mr. Steve Dampf Page 3 of 3 If you have any questions regarding the information included in this proposal, please do not hesitate to contact me. Respectfully submitted, Jennifer K. Gorman, M.H.P. Principal Architectural Historian Page 96 of 151 Administrative Assistant Land Surveyor I Survey Manager Survey Instrument Person Survey Party Chief Engineering Manager Project Engineer Project Manager - Design Design Technician II Landscape Architect II Landscape Designer II Project Manager - Landscape Environmental Manager 2 Natural Resource Specialist IV Engineer II Public Involvement Assoc/Mgr Landscape Manager Engineer III Expenses Total Alma Villegas Consulting DKS Associates Tierra Right of Way Services, Ltd. Total Subconsultants 18 10 $4,634.00 $4,634.00 24 20 6 4 $8,766.00 $8,766.00 18 10 4 $5,190.00 $5,190.00 4 $680.00 $680.00 $19,270.00 $19,270.00 1 32 1 $8,537.00 $8,537.00 60 60 $12,600.00 $12,600.00 $2,220.00 $2,220.00 $2,220.00 $23,357.00 $23,357.00 6 4 $1,406.00 $1,406.00 $1,406.00 $1,406.00 4.0 - Alternatives Analysis 18 10 6 10 8 6 $8,262.00 $8,262.00 4 40 4 8 $8,820.00 $8,820.00 16 8 8 $3,856.00 $3,856.00 16 $2,608.00 $2,608.00 2 2 2 $944.00 $944.00 $16,228.00 $16,228.00 6.0 - Environmental Evaluation and Permitting 32 64 $200.00 $13,096.00 $13,096.00 120 50 40 120 $46,500.00 $46,500.00 24 8 24 $7,600.00 $7,600.00 4 16 8 $4,316.00 $4,316.00 12 35 8 24 $11,685.00 $11,685.00 40 60 12 $12,640.00 $12,640.00 6 8 8 $2,778.00 $2,778.00 30 12 16 $8,914.00 $8,914.00 12 16 20 16 2 $7,786.00 $7,786.00 8 8 4 8 $4,832.00 $4,832.00 $107,051.00 $107,051.00 16 8 24 24 $9,368.00 $9,368.00 8 12 $2,588.00 $2,588.00 4 16 4 $3,800.00 $3,800.00 8 12 4 $2,688.00 $2,688.00 4 8 1 4 $2,734.00 $2,734.00 8 4 4 $2,272.00 $2,272.00 6 6 4 6 $3,794.00 $3,794.00 $27,244.00 $27,244.00 18 24 8 18 22 $12,322.00 $12,322.00 3 8 4 $2,509.00 $2,509.00 $1,500.00 $1,500.00 $1,500.00 $16,331.00 $16,331.00 SUB9.0 - Public Engagement - Alma Villegas Consulting $2,500.00 $2,500.00 $25,350.00 $25,350.00 $27,850.00 SUB10.0 - Traffic Engineering and Lighting Design - DKS Associates $58,861.00 $58,861.00 $58,861.00 SUB11.0 - Cultural Resources - Tierra $16,495.00 $16,495.00 $16,495.00 12.0 - Construction Bidding Support - MacKay Sposito 8.00 6.00 4.00 12.00 $4,380.00 $4,380.00 TOTAL HOURS 1.00 32.00 1.00 60.00 60.00 42.00 466.00 171.00 156.00 98.00 118.00 24.00 36.00 64.00 236.00 18.00 60.00 12.00 RATE 73.00 118.00 176.00 87.00 123.00 191.00 163.00 170.00 107.00 124.00 95.00 139.00 155.00 124.00 118.00 128.00 165.00 130.00 TOTAL DOLLARS $73.00 $3,776.00 $176.00 $5,220.00 $7,380.00 $8,022.00 $75,958.00 $29,070.00 $16,692.00 $12,152.00 $11,210.00 $3,336.00 $5,580.00 $7,936.00 $27,848.00 $2,304.00 $9,900.00 $1,560.00 $6,420.00 $239,125.00 $25,350.00 $58,861.00 $16,495.00 $100,706.00 $339,831.00 32.00 141.00 $4,512.00 SUB11.0 - Cultural Resources - Tierra Subtotal 12.0 - Construction Bidding Support - MacKay Sposito Subtotal 9.0 - Public Engagement - MacKay Sposito Subtotal SUB9.0 - Public Engagement - Alma Villegas Consulting Subtotal SUB10.0 - Traffic Engineering and Lighting Design - DKS Associates Subtotal 8.7 - QA/QC 8.0 - Final (100%) Bid Documents Subtotal 9.0 - Public Engagement - MacKay Sposito 9.1 - Lewis Street Public Engagement 9.2 - Overpass Groundbreaking Event - Expenses 8.4 - Landscape and Irrigation 8.5 - Specifications 8.6 - Engineer's Estimate 7.8 - QA/QC 7.0 - 90% Design Subtotal 8.0 - Final (100%) Bid Documents 8.1 - Roadway Engineering 8.2 - Signing & Striping 8.3 - Stormwater Design Key Design Exhibits 7.6 - Specifications 7.7 - Engineer's Estimate 7.3 - Hydrologic Calculations 7.4 - Stormwater Design 7.5 - Landscape and Irrigation 5.0 - 30% Design Subtotal 6.0 - Environmental Evaluation and Permitting Subtotal 7.0 - 90% Design 7.1 - Roadway Engineering 7.2 - Signing & Striping 4.0 - Alternatives Analysis Subtotal 5.0 - 30% Design 5.1 - Roadway Engineering & Preliminary Stormwater 5.2 - Urban Design/Landscape Architecture 5.3 - Engineer's Estimate 5.4 - QA/QC 3.0 - Data Collection & Review 3.2 - Review As-Builts, Mapping, etc. 3.0 - Data Collection & Review Subtotal 1.0 - Project Management Subtotal 2.0 - Land Surveying 2.1 - Office Work 32 2.2 - Field Work EXP - Expenses 2.0 - Land Surveying Subtotal 1.0 - Project Management 1.1 - Monthly Invoicing 1.2 - Client and Team Meetings, Subconsultant Coordination 1.2.1 - Client meetings 1.2.2 - Internal team meetings 1.3 - Prepare & Update Project Schedule Project Name: Lewis Street, 2nd - 5th, Pasco Project Manager: Jason Irving MSi Job No.: 20-468 Client Job No.: Date: 06/07/2021 MacKay Sposito, Inc. ESTIMATED HOURS AND EXPENSES SUBCONSULTANTS Total Budget Amount Land Surveyor IV EXHIBIT B Page 97 of 151 AGENDA REPORT FOR: City Council June 8, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 6/14/21 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Resolution - Professional Service Agreement (PSA) Amendment No. 3 with KPG for Construction Support Services for the Peanuts Park-Pasco Farmer's Market Project I. REFERENCE(S): Proposed Resolution Draft Amendment II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion and Consideration III. FISCAL IMPACT: Original Professional Services Agreement (PSA) Amendment No. 1 (Time Extension Only) Amendment No. 2 (Under 15% of Original Amt.) Amendment No. 3 (Proposed) ________________________________________ New PSA Total: $ 669,724.00 $ 0.00 $ 99,982.00 $ 60,822.00 _________________ $ 830,528.00 This project is funded through a variety of means including: HUD Loan, CDBG grant, Department of Commerce Grant, and local funding through Real Estate Excise Tax (REET) IV. HISTORY AND FACTS BRIEF: The City and KPG entered into a Professional Services Agreement (PSA) on May 31, 2018, to provide engineering and design services for the Peanuts Park - Pasco Farmer's Market. Subsequent to the original PSA, two (2) amendments have been approved under the authority of the City Manager and ACS Director for the project: Page 98 of 151 • Amendment No. 1: Executed on March 21, 2019, to provide an extension of the contract time, with no amendment for original costs outlined in the PSA. • Amendment No. 2: Executed on December 15, 2020, to provide construction and design support services to support the construction managers and general contractor. This $99,982 amendment was under 15% of the original contracted amount and therefore within the ability of the City Manager to execute. With unforeseen design and supply issues since construction has commenced and the need in some cases for substitutions, the project has seen an increase in design inquiry through what are known as Requests for Information (RFIs). In order to continue to provide support to the construction team and in order to ensure that the unique design and vision of Peanuts Park is fulfilled, additional support is needed. Amendment No. 3: This amendment is necessary to ensure that support from the design team is secured through the completion of the project. V. DISCUSSION: Staff recommends approval of Amendment No. 3 to the PSA with KPG in the amount of $60,822 for design and construction support services for the Peanuts Park-Pasco Farmer's Market Project. Page 99 of 151 Resolution – KPG PSA Amendment No. 3 - 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AMENDMENT NO. 3 FOR THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH KPG, FOR THE CONSTRUCTION SUPPORT SERVICES FOR THE PEANUTS PARK-PASCO FARMERS’ MARKET PROJECT. WHEREAS, the City and KPG entered into a PSA on May 31, 2018 to provide engineering and design services, pursuant to RCW 39.80, for the Peanuts Park-Pasco Farmers Market Project. WHEREAS, the City and KPG, executed two (2) amendments to the PSA to modify their original scope of work for professional design services and to add additional time of performance and expand scope for construction support services; and WHEREAS, previous amendments to the agreement were authorized under the authority provided to the City Manager and Administrative and Community Services Director; and WHEREAS, the additional construction and design support services are necessary to fulfill the original intent of the PSA with KPG, and its addition, by amendment, to this PSA represents a fair and reasonable agreement as determined by the Administrative and Community Services Director. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the subject agreement is amended to allow KPG, to provide additional professional design services (scope & fee) as described within Amendment No. 3 to the PSA attached hereto. Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Amendment on behalf of the City of Pasco. PASSED by the City Council of the City of Pasco, Washington this 21st day of June, 2021. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ _____________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 100 of 151 Amendment No. 3 to Professional Services Agreement Page 1 KPG, P.S. 16014 Peanuts Park Restoration Project AMENDMENT NUMBER 3 to PROFESSIONAL SERVICES AGREEMENT 16014 – PEANUTS PARK RENOVATION PROJECT: CP5.PK.8R.16.02 AGREEMENT NO. 19032 WHEREAS, the City and KPG, P.S. entered into a Professional Services Agreement on 5/31/2018 to provide design services with respect to the 16014 Peanuts Parks Restoration project. WHEREAS, the City and KPG, P.S. entered into the first Amendment to the Professional Services Agreement No. 19032 on 3/21/2019 to add additional time of performance; WHEREAS, the City and KPG, P.S. entered into the second Amendment to the Professional Services Agreement No. 19032 on 12/15/2020 to add additional bid support, add construction support, and add additional time of performance; NOW, THEREFORE, this agreement is amended to allow KPG, P.S. to provide additional professional engineering and construction support services as described below. 1. Scope of Work: See Exhibit A. 2. Fee: The compensation for this amendment is based on a Time and Materials Basis is not to exceed the amount of $60,822.00 for a total contract amount of $830,528.00. Refer to Exhibit B for the breakdown of hours. 3. Time of performance: No Change. The services shall be complete for the project on or before 12/31/2022. DATED THIS _____ DAY OF ____________, 2021. CITY OF PASCO: CONSULTANT NAME: Dave Zabell, City Manager Paul Fuesel, Principal – KPG, P.S. Page 101 of 151 City of Pasco Peanuts Park Rehabilitation Construction Support Services KPG Project Number 20022 May 2021 Page 1 of 4 Scope of Work KPG Construction Support Services May 2021 City of Pasco 16041 Peanuts Park Restoration Project Project: CP5.PK.8R.16.02 A.BACKGROUND This scope of work includes continued architecture, engineering, and urban design support through closeout of the construction phase of Peanuts Park. Duration: June 2021 – November 2021 (6 Months) B.KPG ASSUMPTIONS Supplement #1 includes additional scope and budget for construction related services such as review time, site visits, and construction coordination. Tasks not included in this supplement are project management, monthly reporting, and monthly construction meetings. Consultant personnel have no authority to exercise any control over any Construction Contractor or other entity or their employees in connection with their work or any health or safety precautions. Review submittals will be in compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. KPG assumes Change Order and Change Order support will be handled by others. KPG will not be involved in Change Order documentation and management unless specifically requested by the City. Work Provided During the 165 Working Days •The CITY provides inspection services, RE, and administration/document services. •The CITY (or onsite construction representative) will provide KPG with the Contractor’s construction schedule to assist KPG in prioritizing submittals, RFIs, and substitution requests. •KPG will provide the equivalent of one full time personnel THREE days per week (for the 165 working days) in the managing of the subconsultants, review and response of RFIs, submittals, EXHIBIT A Page 102 of 151 City of Pasco Peanuts Park Rehabilitation Construction Support Services KPG Project Number 20022 May 2021 Page 2 of 4 substitution requests, and/or attending construction meetings as needed and in conjunction with the above blended team. •Design Engineer (KPG) and Subconsultants (Tres West and Lund Opsahl) support is anticipated as needed for submittal reviews, RFIs, substitution requests, and other tasks as identified in the Scope of Work. •KPG main project personnel includes the Project Architect of Record (AOR), the Engineer of Record (EOR), Project Landscape Architect (PLA), and Urban Design Manager (URB). It shall be understood that additional staff may be utilized in support of the main project personnel during submittal review, RFI response, and substitution requests. C.SCOPE OF WORK TASK 1.0 – Continued Construction Phase Support 1.1 Submittal/Resubmittal/Shop Drawing Review: Receive, review, and comment on technical submittals, shop drawings, material samples, and construction plans transmitted by the Contractor to the City. Submittals shall be reviewed for conformance to the contract documents and coordinated with City staff for review. The Consultant shall compile written comments and transmit to the City/Contractor upon completion of the review process. Intake of initial submittals and shop drawings will be performed by Others. KPG Assumptions: Review up to thirty (30) submittals for site/civil features and urban design elements, including but not limited to: •Cement Concrete Pavement (UNDER REVIEW) •Entry Column(UNDER REVIEW) •Cement Concrete Sidewalk (UNDER REVIEW) •Decorative Panels Type 1, 2, 3, 4 (styles A-D) and 5(UNDER REVIEW) •Topsoil Type A(UNDER REVIEW) •Bark or Wood Chip Mulch(UNDER REVIEW) •PSIPE plants(UNDER REVIEW) •Decorative rock(UNDER REVIEW) •Root Barrier(UNDER REVIEW) •Colored Cement Concrete Band •Colored Cement Concrete Edge Band •Hot Mix Asphalt •Site Lighting Electrical Package. Including: o Conduit and Wiring Systems o Pedestrian Illumination for a complete submittal •Shade Structure Accent Lighting •Garden Receptacle •Edge Restraint •Peanuts Park Statue Foundation •Decorative Screen Page 103 of 151 City of Pasco Peanuts Park Rehabilitation Construction Support Services KPG Project Number 20022 May 2021 Page 3 of 4 •Electrical Power Bollard •Irrigation (1 complete submittal package) Review of up to fifteen (15) submittals for architectural, mechanical, electrical, plumbing, and structural elements, including but not limited to: •Cold-formed metal framing •Thermal insulation •Thermoplastic membrane roofing •Roof accessories •Joint sealants •Fiberglass doors •Aluminum-framed storefronts •Resilient base •Painting and coating •Signage •Toilet, bath, and laundry accessories RFI, RFQ, Substitutions, ASI’s - Evaluate and respond to Substitution Requests and Requests for Information: The Consultant shall provide requested information, clarification, and interpretation of the contract plans and specifications via the City. The Consultant shall receive, log, and provide written response to formal Requests for Information (RFIs) received from the Contractor via the City. They shall prepare requests for quotation (RFQs) and review proposals, review proposals. The City PM will be included in the reviewer chain. KPG shall prepare up to one (1) Architectural Special Instructions (ASIs) and provide technical assistance as needed. The City PM will be included in the reviewer chain. Intake of initial submittals and shop drawings will be performed by Others. 1.2 KPG shall perform Mockup Reviews of materials that require mockup samples per the Special Provisions. Review up to ten (10) mockups for site/civil features and urban design elements, including but not limited to: •Cement Concrete Pavement Finish •Entry Column Sheath Wrap •Decorative Screens •Restroom Materials •Colored Concrete Band •Pavilion Elements 1.3 KPG shall perform site visits in coordination with milestone construction progress and/or as requested by the City. Attendance may consist of the AOR, EOR, PLA, and URB. Task 1 Deliverables: •Submittal Reviews (up to 35 total) •RFI and RFQ Responses (up to 40 total) •Site Visit Notes Page 104 of 151 City of Pasco Peanuts Park Rehabilitation Construction Support Services KPG Project Number 20022 May 2021 Page 4 of 4 TASK 2.0 – Project Closeout 2.1 Attendance by KPG for the Punchlist Walkthrough includes, but not limited to, the AOR, EOR, PLA, and URB. 2.2 KPG will perform final Record Drawing services for the Project. KPG has been tracking design revisions that come through the RFI process. KPG assumes any field changes that are made will be tracked via redlines by the City, City’s onsite construction manag ement team, and the Contractor. KPG assumes these revisions will be provided to KPG at closeout for Record Drawing services from KPG. 2.3 KPG assumes attendance for the Final Acceptance Walkthrough will be provided by, but not limited to, the AOR, EOR, PLA, and URB. Task 2 Deliverables: •Punchlist Notes •Record Drawings •Final Acceptance Letter Page 105 of 151 PRIME CONSULTANT COST COMPUTATIONS Client: City of Pasco Project: Peanuts Park Restoration Project KPG Construction Support Services DATE: May 2021 Engineering Manager Principal Architect Senior Engineer Urban Design Manager Senior Project Engineer Senior Architect Project Engineer Project Landscape Architect Architecture Technician II Design Engineer Senior Admin Landscape Technician 226 215 187 179 164 152 140 130 116 116 103 92 Hours Fee 1.1 RFI, RFQ, ASI, Submittal/Resubmittal, Shop Drawing Review, Substitutions 8 32 24 48 40 24 176 25,800.00$ 1.2 Mockup Review 2 24 12 24 16 78 10,734.00$ 1.3 Site Visit (Incl Travel)8 12 24 12 56 8,788.00$ 0 18 0 44 0 48 84 76 40 0 0 0 310 45,322.00$ 2.1 Punch List Walkthrough 8 8 8 8 32 5,312.00$ 2.2 Record Drawings 8 8 8 8 8 40 5,736.00$ 2.3 Final Acceptance Walkthrough 4 8 8 8 28 4,452.00$ 0 12 0 24 0 8 24 24 8 0 0 0 100 15,500.00$ 0 30 0 68 0 56 108 100 48 0 0 0 410 60,822.00$ 60,822.00$ Total Estimated Budget Task 2 - Closeout Task Total Total Labor Hours and Fee Task No.Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task Task 1 - Continued Construction Phase Support Task Total EXHIBIT B Page 106 of 151 AGENDA REPORT FOR: City Council June 9, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 6/14/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - WA State Department of Ecology $1.5M Loan Agreement - Process Water Reuse Facility (PWRF) Pretreatment, Phase 1 Design I. REFERENCE(S): Resolution Loan Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The City was awarded a $1.5M loan to partially fund design of the Process Water Reuse Facility (PWRF) Pretreatment Improvements. The loan is administered by the Washington State Department of Ecology (Ecology) as part of their Water Quality Combined Funding program. The loan has a 20-year term with and effective interest rate of 1.2% (0.9% interest, 0.3% agency administration). IV. HISTORY AND FACTS BRIEF: The PWRF is a 25-year-old industrial facility owned by the City that receives industrial wastewater from five agricultural food processors in the region and pretreats, stores and then land applies through irrigation pivots to leased farm circles for final treatment and disposal. The facility is currently undersized and outdated for the needs of the Processors and the facility needs significant upgrades to effectively continue for another 25+ years. The loan from Ecology will be used for the design of upgrades and expansion of the PWRF. Elements of the design will include new storage pond(s), influent screening upgrades, solids handling improvements, electrical upgrades, and a potable waterline extension to the facility, among other site improvements. Page 107 of 151 Staff and consultants have evaluated several options for all future upgrades to the PWRF. A recent Value Planning process was completed and provides more ideas for final consideration. V. DISCUSSION: Staff recommends approval of the Washington State Department of Ecology Loan Agreement for the PWRF Pretreatment Improvement design efforts. Page 108 of 151 Resolution – Department of Ecology Loan Agreement For PWRF Pretreatment Improvements - 1 RESOLUTION NO. _______ A RESOLUTION AUTHORIZING EXECUTION OF THE $1.5M LOAN AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR THE PROCESS WATER REUSE FACILITY (PWRF) IMPROVEMENTS. WHEREAS, Pasco’s PWRF is a 25-year-old industrial facility that receives industrial wastewater from five agricultural food processors in the region and pretreats, stores and then land applies through irrigation pivots to leased farm circles for final treatment and disposal; and WHEREAS, the PWRF is in need of significant upgrades to expand capacity and effectively continue operating for another 25+ years; and WHEREAS, to help fund these improvements the City applied for and received a $1.5 million loan from the Washington Department of Ecology to help pay for design efforts related to these pretreatment improvements at the PWRF; and WHEREAS, these funds will be used to design facility modifications and rehabilitation upgrades for the purpose of increasing capacity to treat process water at the PWRF; and WHEREAS, to make the Ecology loan funds available to the City, execution of a Loan Agreement is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: The City Council of the City of Pasco hereby authorizes the City Manager for the City of Pasco to execute the Loan Agreement with the Department of Ecology, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and to make minor substantive changes as necessary to execute the Agreement; and Page 109 of 151 Resolution – Department of Ecology Loan Agreement For PWRF Pretreatment Improvements - 2 Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. PASSED BY the City Council of the City of Pasco, Washington this ____ day of June 2021. ________________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 110 of 151 Process Water Reuse Facility (PWRF) Pretreatment Improvements Agreement No. WQC-2021-Pasco-00144 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 protects water quality in the Columbia River and groundwater in the Esquazel Coulee Watershed through the design of treatment facility upgrades to the Pasco Industrial Process Water Facility (PWRF) in the City of Pasco. This project increases capacity at the industrial facility from 158MG to 278 MG. Project Long Description: This project protects water quality in the Columbia River and groundwater in the Esquazel Coulee Watershed through the design of treatment facility upgrades to the Pasco Industrial Process Water Facility (PWRF) in the City of Pasco. This project increases capacity at the industrial facility from 158MG to 278 MG. The PWRF is an industrial facility owned by the RECIPIENT which treats, stores and land applies process water received from five food processors in the region. $2,500,000.00 $1,500,000.00 $1,500,000.00 $0.00 01/17/2020 12/31/2023 Wastewater Facility EXHIBIT A Page 111 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 2 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: For approximately 4 months of the year, the RECIPIENT’s municipal wastewater treatment plant (WWTP) receives 1.2 million gallons per day (MGD) of industrial wastewater from a local food processor. The ability for the RECIPIENT to provide adequate and reliable wastewater service to meet the 20-year growth projections is key to preserving water quality in the Columbia River, acquirers and ground water. Removing an industrial waste-stream from the WWTP, which discharges into the Columbia River, ensures that treated wastewater from the WWTP is not compromised as a result of unexpected industrial process changes and ultimately protects the water quality of the river and ground water. Overall Goal: To protect ground water and surface water quality by reliably pretreating food processors effluent prior to land application for treatment and disposal, permit compliance and protection of the groundwater. Template Version 12/10/2020 Page 112 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 3 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT INFORMATION Organization Name: Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Contacts Organization Email: Organization Fax: City of Pasco 91-6001264 009974598 PO Box 293 Pasco, WA 99301 525 N Third Ave worleys@pasco-wa.gov (509) 543-5728 Billing Contact Authorized Signatory Project Manager Daniel Ford City Engineer 525 N Third Ave Pasco, Washington 99301 Email: fordd@pasco-wa.gov Phone: (509) 545-3444 Charlene Sandland Staff Accountant PO Box 293 525 N. 3rd Avenue Pasco, Washington 99301 Email: sandlandc@pasco-wa.gov Phone: (509) 545-3428 Maria Serra CIP Manager 525 N Third Ave Pasco, Washington 99301 Email: serram@pasco-wa.gov Phone: (509) 545-3444 Template Version 12/10/2020 Page 113 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 4 of 35State 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 Cynthia Wall 4601 N Monroe Street Spokane, Washington 99205-1295 Email: cywa461@ecy.wa.gov Phone: (509) 329-3537 Tammie McClure PO Box 47600 Olympia, Washington 98504-7600 Email: tmcc461@ecy.wa.gov Phone: (360) 407-6410 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 114 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 5 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:1 Task Cost: $5,000.00 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; the EAGL (Ecology Administration of Grants and Loans ) recipient closeout report; and a two-page outcome summary report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement , contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and two-page outcome summary report. * Properly maintained project documentation. Template Version 12/10/2020 Page 115 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 6 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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) 1.3 Two-page Outcome Summary Report Template Version 12/10/2020 Page 116 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 7 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:2 Task Cost: $1,495,000.00 Task Title:Design Task Description: A. The RECIPIENT will procure engineering services in accordance with state law . The RECIPIENT will include ECOLOGY’s specification insert in the contract documents . The RECIPIENT must submit all contracts for engineering services before ECOLOGY will provide reimbursement for work performed under this task . B. The RECIPIENT will design the upgrade and expansion of the industrial process facility . Plans and specifications developed by the RECIPIENT must be consistent with the requirements of Chapter 173-240 WAC. Elements of the design will include: 1. New 120MG Storage Pond. 2. Influent screening upgrades. 3. Solids handling improvements. 4. Electrical Upgrades. 5. Potable Waterline Extension. C. The plans and specifications, construction contract documents, and addenda will be approved by the RECIPIENT prior to submittal for ECOLOGY review. All construction plans submitted to ECOLOGY for review and approval will be reduced to no larger than 11" x 17" in size. All reduced drawings will be completely legible. The project manager may request plans be submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or Microsoft Word electronic file. A current construction cost estimate will be submitted along with each plan /specification submittal. The project manager may request a spreadsheet in electronic file format. D. As a condition of receiving this funding, the RECIPIENT will review their energy use looking for cost effective energy savings. The recipient may also submit documentation of an energy efficiency review conducted within the last 5 years. E. The RECIPIENT will conduct appropriate environmental reviews of the project . The RECIPIENT will provide a complete SERP information package with a SERP Cover Sheet at the time plans and specification are submitted to ECOLOGY for approval. The RECIPIENT will include the SEPA checklist and threshold determination, documentation of public participation, and required Environmental Justice information. F. The RECIPIENT will conduct appropriate cultural resources reviews of the project . The RECIPIENT will provide a 05-05/106 Cultural Resources Review form. 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 . Task Goal Statement: See Overall Goal. Template Version 12/10/2020 Page 117 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 8 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Task Expected Outcome: See Overall Goal. Deliverables Design Number Description Due Date 2.1 Executed contracts for engineering services and documentation of the RECIPIENT’s process for procuring engineering services . 2.2 Two copies of the draft and final design. 2.3 Complete SERP Information Package. 2.4 Documentation of an energy efficiency review. 2.5 05-05/106 Cultural Resources Review form. 2.6 Inadvertent Discovery Plan. Template Version 12/10/2020 Page 118 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 9 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Title: State CWSRF-SFY21 (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: 727 Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 30% 0% No No No Effective Interest Rate: 1.2% Interest Rate: 0.9% Admin Charge: 0.3% Terms:20 years Project Start Date: 01/17/2020 Project Completion Date: 12/31/2023 Estimated Initiation of Operation date: Loan Security: Final Accrued Interest: Final Loan Amount: Repayment Schedule Number: 12/31/2023 Revenue Secure Lien Obligation of the Recipient $ $ BUDGET Funding Distribution EL210324 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 01/17/2020 12/31/2023 Loan Template Version 12/10/2020 Page 119 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 10 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SRF Loan Task Total Grant and Loan Administration 5,000.00$ Design 1,495,000.00$ 1,500,000.00$Total: Template Version 12/10/2020 Page 120 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 11 of 35State 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 $$$%1,500,000.00 1,500,000.000.000.00SRF Loan Total $$0.00 1,500,000.00 $1,500,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS 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. “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. “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. “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. “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. “Equivalency” means projects designated by ECOLOGY to meet additional federal requirements . Template Version 12/10/2020 Page 121 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 12 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: “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 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. “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 of 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 Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan . “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan . “Loan Term” means the repayment period of the loan . “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes . “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 . “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 . 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 Template Version 12/10/2020 Page 122 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 13 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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. “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: THE FOLLOWING 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. 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. B. 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 Template Version 12/10/2020 Page 123 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 14 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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 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 Template Version 12/10/2020 Page 124 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 15 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: agreement. C. 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 . D. 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. E. 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. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from ECOLOGY’s Financial Manager upon request . G. 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. H. 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 . I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. 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. K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. 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. L. 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: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. Template Version 12/10/2020 Page 125 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 16 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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, available on the Water Quality Program website. 2. “Section 319 Initial Data Reporting” form 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 sent 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. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. 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. Acquisitions: Section 319 and SRF Equivalency project 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 . C. 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://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional Template Version 12/10/2020 Page 126 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 17 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration , and more frequently if information changes. 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 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 Template Version 12/10/2020 Page 127 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 18 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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. 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. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective . 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. SECTION 5: THE FOLLOWING 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 2. Opinion of RECIPIENT’s Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or which Template Version 12/10/2020 Page 128 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 19 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States . Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY . This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision . C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf). 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: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf. 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 Template Version 12/10/2020 Page 129 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 20 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over the term of this loan “Loan Term” as outlined in this agreement . J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of 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 of 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 Template Version 12/10/2020 Page 130 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 21 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager . No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement . 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office . K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations . Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Template Version 12/10/2020 Page 131 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 22 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $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 verify 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 (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33” 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-. Template Version 12/10/2020 Page 132 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 23 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system . 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of 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. Template Version 12/10/2020 Page 133 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 24 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property . Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all of 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. Template Version 12/10/2020 Page 134 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 25 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $25,000 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 DUNS number, at www.fsrs.gov <http://www.fsrs.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 Template Version 12/10/2020 Page 135 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 26 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 Page 136 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 27 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 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/1701004.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 reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources . The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts 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 : •For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. •For projects with any federal involvement, if required, comply with the National Historic Preservation Act . •Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing 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 . Template Version 12/10/2020 Page 137 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 28 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: •Discuss the IDP with staff 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 archeological or historic resources are found while conducting work under this Agreement : •Immediately stop work and notify the ECOLOGY Program , the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d)If any human remains are found while conducting work under this Agreement : •Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the ECOLOGY Program. e)Comply with RCW 27.53, RCW 27.44.055, 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 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 . Template Version 12/10/2020 Page 138 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 29 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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 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. Template Version 12/10/2020 Page 139 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 30 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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. 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 Template Version 12/10/2020 Page 140 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 31 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: (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 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 Template Version 12/10/2020 Page 141 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 32 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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 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 , Template Version 12/10/2020 Page 142 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 33 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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. 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 Template Version 12/10/2020 Page 143 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 34 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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 . 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. Template Version 12/10/2020 Page 144 of 151 WQC-2021-Pasco-00144 Process Water Reuse Facility (PWRF) Pretreatment Improvements City of Pasco Page 35 of 35State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 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. Template Version 12/10/2020 Page 145 of 151 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure by: • Using Community Development Block Grant (CDBG) and other public and private capital to revitalize older neighborhoods and safe routes to essential services. • Continuing efforts toward designing, siting, programming needs, and site selection for a community center and pursuing acquisition of land for future community park. • Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional soccer and sports fields. • Coordinating with the Pasco Public Facilities District to develop a public education campaign, financial analysis and prepare a ballot measure concerning the development of a regional aquatic facility for consideration by the people. • Completing construction of a new animal control facility. • Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of municipal services, programs, and long-term maintenance and viability of public facilities. • Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to enhance engagement efforts and organizational cultural competency. • Updating design standards for the development of new neighborhoods and re-development to promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics, sustainability, and community gathering spaces. • Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs assessment, level of service, and centers evaluation. • Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies that emphasize affordable housing. FINANCIAL SUSTAINABILITY Enhance the long-term financial viability, value, and service levels of services and programs, including: • Regular evaluation of services and programs to confirm importance to community, adequacy, and cost-benefit. • Continuation of cost of service and recovery targets in evaluating City services. • Ongoing evaluation of costs, processes and performance associated with delivery of City services including customer feedback and satisfaction, staffing, facilities, and partnership opportunities. • Instilling and promoting an organizational culture of customer service across all business lines. • Updating policies relating to urbanization of the unincorporated islands to assure consistency with long-range planning, community safety, and fiscal sustainability. City Council Goals 2020-2021 Page 146 of 151 COMMUNITY SAFETY Preserve past improvements and promote future gains by: • Developing a Comprehensive Police Strategic Master Plan through a transparent process to evaluate future service levels of the department to assure sustainability, public safety, and crime control over the next 5-10 years. • Collaborating with regional and community partners to evaluate and implement strategies to reduce the incidence of homelessness. • Leveraging and expanding partnerships to maintain and enhance behavioral health services to community members in crisis being assisted by police and fire. • Continuing efforts to improve police and community relations. • Working to achieve and maintain target fire response times through operational improvements and long-range strategic planning of facilities and staffing. • Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community rating. • Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with evaluating policies and methods to address needs and inequities. COMMUNITY TRANSPORTATION NETWORK Promote a highly-functional multi-modal transportation network through: • Commencement and completion of construction of the Lewis Street Overpass project. • Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor to improve operation and safety. • Data-driven pro-active neighborhood traffic calming efforts. • Continued collaboration with Ben Franklin Transit to enhance mobility and access. • Completion of a Transportation System Master Plan and utilization of its recommendations to develop policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi-modal systems, accessibility, efficiency and safety. ECONOMIC VITALITY Promote and encourage economic vitality by supporting: • Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID restart, and City initiatives such as Downtown Master Plan process and sign code modifications. • The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape and gateway upgrades. • The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts, adoption of Urban Growth Area expansion alternative, implementation of adopted long-range planning efforts with appropriate analysis and adoption of planning actions including: zoning code changes, phased sign code update, and development regulations and standards. • Increased efforts to promote the community as a desirable place for commercial and industrial development by promoting small business outreach and assistance, predictability in project review, and excellent customer service. • Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate development of the remaining state-owned properties at Road 68/I-182. Page 147 of 151 • Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning plan and provide for public infrastructure. • Active partnerships in the planning and development of strategies to promote tourism and deployment of assets to spur economic activity. • In concert with community partners, development of a comprehensive economic development plan. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion and image through: • Continued efforts of community surveying through traditional methods and the application of new technologies. • Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media, forums, and other outlets. • Enhanced inter-agency and constituent coordination developed during the pandemic. • Continued efforts of the community identity/image enhancement campaign to include promotion of community and organizational successes. • Enhanced participation and support of cultural events occurring within the community. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs. For more information, visit www.pasco-wa.gov/councilgoals Page 148 of 151 CALIDAD DE VIDA Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y reinversiones adecuadas en la infraestructura de la comunidad al: • Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las rutas seguras a los servicios esenciales. • Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para un futuro parque comunitario. • Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los esfuerzos de proporcionar más campos de fútbol y de otros deportes. • Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta sobre el desarrollo de una instalación acuática regional para que sea considerada por el público. • Terminar la construcción de una nueva instalación para el control de animales. • Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de instalaciones públicas. • Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad cultural organizacional. • Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal, evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de la comunidad. • Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las necesidades, el nivel de servicio, y la evaluación del centro. • Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas. SUSTENTABILIDAD FINANCIERA Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas, incluyendo: • La evaluación regular de los servicios y de los programas para confirmar la importancia de la comunidad, la capitalización adecuada, y el costo-beneficio. Metas del Concilio de la Ciudad del 2020-2021 Page 149 of 151 • La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la Ciudad. • La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las instalaciones, y las oportunidades colaborativas. • Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de negocio. • Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal. SEGURIDAD COMUNITARIA Preservar las mejorías anteriores y promover las ganancias futuras al: • Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes durante los siguientes 5-10 años. • Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para reducir los casos de personas sin techo. • Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y por los bomberos. • Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad. • Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías operacionales y la planificación estratégica de instalaciones y personal a largo plazo. • Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington). • Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las injusticias. RED DE TRANSPORTE COMUNITARIO Promover una red de transporte extremadamente funcional y multimodal a través de: • El comienzo y el término de la construcción del proyecto Lewis Street Overpass. • El énfasis continuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y la seguridad. • Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades. • La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso. • El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. Page 150 of 151 VITALIDAD ECONOMICA Promover y motivar la vitalidad económica al apoyar: • Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de anuncios. • La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos continuos para discutir paisajes urbanos y actualizaciones de entradas. • El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los estándares. • Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la revisión de proyectos, y un excelente servicio al cliente. • Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I- 182. • La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un plan de zonas costeras y proporcionar una infraestructura pública. • Las colaboraciones activas en la planificación y el desarrollo de estrategias para promover el turismo y la utilización de recursos para estimular actividad económica. • Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo económico. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de: • Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la aplicación de nuevas tecnologías. • Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas, comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios. • Una mejor coordinación entre las agencias y los constituyentes desarrollada durante la pandémica. • Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que promuevan a la comunidad y a los éxitos organizacionales. • Una mejor participación y apoyo de los eventos culturales llevados a cabo dentro de la comunidad. • El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y celebrar la diversidad a través de programas de arte y cultura. Para más información, visite www.pasco-wa.gov/councilgoals Page 151 of 151