HomeMy WebLinkAbout2021.06.21 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, June 21, 2021
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Governor Inslee's
Heathy Washington - Roadmap to Recovery, Phase 3 made in response to
the COVID-19 emergency, currently allows for partial "in-person" meetings.
Members of the public wishing to attend City Council meetings in-person will
need to follow the Governor's protocol outlined in Proclamation No. 20-28.15.
Individuals, who would like to provide public comment remotely, may continue
to do so by filling out the online form via the City’s website (www.pasco-
wa.gov/publiccomment) to obtain access information to comment. Requests
to comment in meetings must be received by 4:00 p.m. on the day of each
meeting.
To listen to the meeting via phone, call (562) 247-8422 and use access code
465-398-545.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council members
or the public, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
5 - 16 (a) Approval of Meeting Minutes
Page 1 of 166
To approve the minutes of the Pasco City Coun cil Meeting held on
June 7, 2021 and Workshop held on June 14, 2021.
17 - 19 (b) Bills and Communications
To approve claims in the total amount of $6,165,903.31 ($4,398,241.44
in Check Nos. 242146-242419; $892,960.87 in Electronic Transfer
Nos. 832204-832205, 832236-832237, 832263, 832265-832271,
832285; $8,800.76 in Check Nos. 53602 -53615; $865,900.24 in
Electronic Transfer Nos. 30161889-30162404).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non -
criminal, criminal, and parking) accounts receivable in the total amount
of $188,330.74 and, of that amount, authorize $0.00 to be turned over
for collection.
20 - 24 (c) Ordinance - Budget Adjustment for Chapel Hill Park Construction
To adopt Ordinance No. 4539, amending the 2021-2022 Biennial
Budget providing additional appropriation in the City's General
Construction Fund for the construction of Chapel Hill Park, and further,
authorize publication by summary only.
25 - 42 (d) Resolution - Second Restated Interlocal Cooperation Agreement
for BiCounty Police Information Network (BI-PIN)
To approve Resolution No. 4068, approving the second restated
Interlocal Cooperation Agreement for BiCounty Police Information
Network between the participating jurisdictions and the City of Pasco
for participation in the BiCounty Police Information Network (BI-PIN),
and further, authorize the City Manager to execute the agreement.
43 - 85 (e) Resolution - Professional Services Agreement with MacKay
Sposito for Design Engineering Services for Lewis Street Corridor
(2nd to 5th Ave) Improvements Project
To approve Resolution No. 4069, 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).
86 - 94 (f) Resolution - Professional Services Agreement (PSA) Amendment
No. 3 with KPG for Construction Support Services for the Peanuts
Park-Pasco Farmer's Market Project
To approve Resolution No. 4070, approving Amendment No. 3 to the
Professional Services Agreement with KPG, for Construction Support
Services for the Peanuts Park - Farmer's Market Project.
Page 2 of 166
95 - 133 (g) Resolution - WA State Department of Ecology $1.5M Loan
Agreement - Process Water Reuse Facility (PWRF) Pretreatment,
Phase 1 Design
To approve Resolution No. 4071, authorizing execution of the $1.5M
loan agreement with the Department of Ecology for the Process Water
Reuse Facility (PWRF) Improvements.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an i mmediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
10. UNFINISHED BUSINESS
11. NEW BUSINESS
134 - 160 (a) *Danilyuk Short Plat Sewer Service Requirement Appeal (APPL
2021-001)
MOTION: I move to deny the sewer waiver appeal based on the
application's failure to meet the standard requirements found in the
Pasco Municipal Code Chapter 16.15.
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
14. ADJOURNMENT
Page 3 of 166
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
161 - 166 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• 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.)
• Thursday, June 24, 5:30 PM: Benton Franklin Community
Action Connections Board Meeting – 720 Court Street,
Pasco (COUNCILMEMBER ZAHRA ROACH, Rep.; MAYOR
SAUL MARTINEZ, Alt.)
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 4 of 166
AGENDA REPORT
FOR: City Council June 16, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 6/21/21
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
6.7.21 & 6.14.21 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Meeting held on June 7, 2021
and Workshop held on June 14, 2021.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 166
MINUTES
City Council Regular Meeting
7:00 PM - Monday, June 7, 2021
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Eric Ferguson,
City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative &
Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; a nd Debby Barham, City
Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on May
17, 2021, Workshop held on May 24, 2021 and Special Workshop held
on June 2, 2021.
Bills and Communications
To approve claims in the total amount of $6,186,168.04 ($4,108,580.54
in Check Nos. 241823-242145; $1,196,804.53 in Electronic Transfer Nos.
831838-831875, 831880-831908, 831915-831973, 831977-832002,
832012-832018, 832110-832114, 832154-832157, 832168-832175;
Page 1 of 7Page 6 of 166
$8,176.60 in Check Nos. 53594-53601; $868,629.15 in Electronic
Transfer Nos. 30161377-30161888; $3,977.22 in Electronic Transfer
Nos. 791,797).
Ordinance - Completion of the 2018-2038 Pasco Comprehensive
Plan and Development Regulations per RCW 36.70A.130(4)(d)
To adopt Ordinance No. 4537, adopting the 2018-2038 Pasco
Comprehensive Plan and Future Land Use Map pursuant to the
provisions of RCW Chapter 36.70.A.
Ordinance - Budget Adjustment for Grimmway Wastewater
Connection to Columbia East Lift Station and to the Process Water
Reuse Facility (PWRF)
To adopt Ordinance No. 4538, 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
Economic Development Fund for the Construction of the Grimmway
Industrial Sewer Connection to the Columbia East Lift Station and to the
Process Water Reuse Facility (PWRF), and further, authorize publication
by summary only.
Resolution - Professional Services Agreement with Murraysmith for
Design Services for Wastewater Treatment Plant (WWTP)
Improvements Phase 2
To approve Resolution No. 4065, authorizing execution of the
Professional Services Agreement (PSA) by the City Manager with
Murraysmith for the Wastewater Treatment Plant (WWTP) Improvements
Phase 2 project.
Resolution - Addendum No. 2 to Metro Drug Task Force Interlocal
Agreement
To approve Resolution No. 4066, authorizing the City Manager to execute
Addendum No. 2 to the 2017 Interlocal Agreement between the
participating jurisdictions and the City of Pasco for involvement in the Tri-
Cities Metro Dug Task Force.
MOTION: Mayor Pro Tem Barajas moved to approve the Consent
Agenda as read. Mr. Alvarado seconded. Motion carried unanimously by
Roll Call vote.
Page 2 of 7Page 7 of 166
VISITORS - OTHER THAN AGENDA ITEMS
Jeffrey Robinson, Pasco resident, commented on Mayor Martinez's
decision not to run for Council in the upcoming election. He also
expressed support for the proposed Resolution "Against Bias -Based
Hate" and expressed love for the City of Pasco.
Leo Morales, downtown Pasco business owner, expressed concern
regarding the several code enforcement complaints submitted to the City
he stated came from one individual regarding his business, Havana Café
and stated that his restaurant was currently closed.
Tyson and Tiffany Fellman, business owners of Rainbow River Childcare
Center, located in unincorporated Franklin County, stated that they
requested to be connected to City sewer, which would allow their
business to expand approximately two years ago. They learned recently,
through a letter, that the preconstruction of the childcare center's facility
expansion was was delayed due to a requirement for right-of-way
improvements (sidewalks). They asked that the sewer be connected now
and they would add a sidewalk along Argent Road during the construction
of the building.
Jose Iniguez, downtown Pasco business owner of Hydrotonix Water and
Downtown Pasco Development Authority (DPDA) representative,
commented on the business owners in the downtown area of Pasco and
their hardships during the COVID-19 pandemic. He asked that the City
staff remember that those business owners have placed their life savings
into their businesses when discussing code enforcement issues.
Jake Dorsey, Pasco resident, commented on Councilmember Serrano
and requested that Mr. Serrano stop his call to action in the recall of
Governor Inslee and instead concentrate on the business of City of Pasco
only.
Mr. Serrano stated that Mr. Dorsey had contacted him earlier in the day
and Mr. Serrano was aware of what Mr. Dorsey was going to say during
the public comment portion of the meeting.
Lucia Gonzalez, downtown Pasco business owner of Tipsey Tavern,
stated that she had submitted an application for a permit to make
improvements to the tavern and was still waiting for approval from the
City. She requested help to build her business and make it more than just
a bar.
Page 3 of 7Page 8 of 166
Gabriel Portugal, DPDA Board Chair, commented on the current issues
with the downtown businesses and asked for a process from the City to
help those business owners.
Mayor Martinez stated that Council, City staff and DPDA staff need to
work together to assist the downtown businesses to ensure that the
owners receive the assistance they need to comply with the required
building codes.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Ms. Roach commented on a meeting that she, Mr. Maloney and Mayor
Pro Tem Barajas attended regarding the redistricting within Franklin
County on Saturday, June 5, 2021.
Mr. Maloney also commented on the redistricting meeting.
Mr. Serrano stated that he and Mayor Martinez attended a ribbon cutting
event for West Pasco Pharmacy on Saturday, June 5, 2021.
Mr. Alvarado attended the annual entrance meeting with Washington
State Auditors. He also announced that attended a meeting with the
Benton County and Franklin County commissioners.
Mayor Martinez commented on the Lewis Street Overpass
groundbreaking event held Friday, June 4, 2021. He expressed thanks to
City staff for their efforts in making the event a success. He also
commented on the ribbon cutting event at West Pasco Pharmacy.
General Fund Monthly Report - April 2021
Ms. Sigdel provided a brief report related to the City's General Fund.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Hearing and Ordinance - Tverdokhleb Street Vacation:
Portion of Road 97
Mr. White provided a brief history the proposed vacation of a portion of
Road 97.
Mayor Martinez asked about the gifting funds to the public as it related to
the waiving of fees of the in part or whole if certain conditions were met.
Page 4 of 7Page 9 of 166
Mr. Ferguson responded to the question and stated that there are specific
requirements to allow for the waiver of fees and that they must be followed
if Council were to consider a waiver.
MOTION: Mayor Pro Tem Barajas moved to continue the public hearing
to the July 6, 2021, Council Meeting. Mr. Serrano seconded. Motion
carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Public Meeting for Cox Family Land LLC Annexation and Resolution
for Notice of Intent to Annex
Mr. White explained the process for annexation of this property and stated
this was a opportunity to hold a public meeting regarding the proposed
annexation.
Mayor Martinez offered anyone from the public to comment on the
proposed annexation and no one came forward to speak.
Council and staff held a brief question and answer period.
MOTION: Mayor Pro Tem Barajas moved the City Council approve
Resolution No. 4067, accepting a notice of intent to commence
annexation proceedings for the Cox Family Land LLC annexation,
providing a determination on the boundary to be annexed, and whether
simultaneous zoning and the assumption of bonded indebtedness will be
required. Mr. Maloney seconded. Motion carried unanimously.
UNFINISHED BUSINESS
Resolution - Against Bias Based Hate
Mr. Zabell explained that staff and the Inclusion, Diversity and Equity
Commission has finalized the proposed resolution for "against bia s based
hate" and it was ready for Council to review, amend if needed, and
approve.
Council discussion regarding possible update within the resolution
ensued. Mr. Serrano commented on Section 5 of the proposed resolution
and recommended it be shortened to "we stand for unity and cohesion"
and remove all of the bulleted items below that text.
Ms. Roach, Mayor Pro Tem Barajas, Mr. Alvarado, Mr. Maloney and Mr.
Milne prefered to keep all of the text.
Page 5 of 7Page 10 of 166
Mr. Maloney read an email from Mr. Davis, Executive Director with the
Franklin County Historical Society expressing support for the propos ed
resolution.
Council discussion continued with the possibility of other changes to the
resolution.
Audience members including Jeffrey Robinson, Kim Lehrman and Alexia
Estrada expressed support of the proposed resolution.
Mr. Maloney moved to approve an amended Resolution No. 4064,
furthering Pasco as an inclusive and welcoming community whose
leaders are committed to stand up to bias based hate and commit to
supporting and initiating measures to promote community cohesion for
Pasco community members with the amendment to the eighth (8th)
Whereas by adding "and other marginalized communities" to read as
follows:
"WHEREAS, locally, there exists a history involving
discrimination toward Asians, African Americans, Hispanics,
other communities of color, and other marginalized
communities starting with the segregation of Chinese rail
workers to east of the railroad in the late 1880s, such that the
people and governments of Pasco and the Tri-Cities region, to
this day, continue to work together to correct and overcome;"
Mr. Alvarado seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION
Mr. Zabell announced that Franklin County Commissioners recently
approved Alternative No. 3 of the City pf Pasco's Comprehensive Plan
and then turned it over to Mr. White who provided the details of the
approval.
Mr. Zabell stated the Association of Washington Cities' (AWC) annual
meeting was scheduled for June 28, 2021 and asked those
Councilmembers who plan on attending provide a confirmation him by
June 21.
Mr. Zabell commented on the Washington State delegates who attended
the Lewis Street Overpass groundbreaking and expressed appreciated to
those delegates for their assistance with initiating this project forward,
which allowed the City to break ground a year early.
BREAK:
Mayor Martinez announced a 10-minute break at 8:16 PM.
Page 6 of 7Page 11 of 166
EXECUTIVE SESSION
To consider acquisition of real estate per RCW 42.30.110 (b) and to
establish the sales price or lease amount of real estate per RCW
42.30.110 (c) (25 minutes)
Council adjourned into Executive Session at 8:26 PM for approximately
25 minutes to consider acquisition of real estate per RCW 42.30.110 (b)
and to establish the sales price or lease amount of real estate per RCW
42.30.110 (c) with the City Manager, Deputy City Manager and the City
Attorney.
Mayor Martinez called the meeting back to order at 8:38 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:38 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 7 of 7Page 12 of 166
MINUTES
City Council Workshop Meeting
7:00 PM - Monday, June 14, 2021
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Eric Ferguson,
City Attorney (arrived at 8:15 PM); Zach Ratkai, Administrative &
Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; an d Debby Barham, City
Clerk.
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Milne announced he attended the Pasco Chamber of Commerce
Meeting earlier in the day where Mayor Martinez was a key speaker.
Mr. Alvarado commented on a Ben Franklin Transit Board meeting he
recently attended.
Mayor Pro Tem Barajas announced that she participated in a pop -up
vaccination site on Sunday, June 13, 2021, where 50 vaccinations were
administered.
Mayor Martinez also commended on the Pasco Chamber of Commerce
meeting where he had an opportunity to speak to its members. He also
Page 1 of 4Page 13 of 166
expressed appreciation to the Community & Economic Development
Department who received many compliments recently.
ITEMS FOR DISCUSSION
2021 Washington State Legislative Session Update
Mr. Lincoln introduced Briahna Murray, Vice President of Gordon Thomas
Honeywell Governmental Affairs who provided an update of the
Washington State legislative session as it relates to City of Pasco issue s,
interests and concerns. She announced that Holly Cocci, Governmental
Affairs Consultant for the City of Pasco was also attending virtually and
may be available to answer questions.
Council and Ms. Murray further discussed various projects and actions in
the process with the legislature.
Resolution - 2022-2027 Six-Year Transportation Improvement Plan
Mr. White introduced City Engineer Dan Ford who provided a report on
the proposed 2022-2027 Six-Year Transportation Improvement Plan
(TIP). Mr. Ford introduced Engineering Technician III Tyler Johnson and
stated that Mr. Johnson was an integral part of preparing the updated TIP.
Mr. Ford reported on the following:
• The five (5) completed TIP projects
• The new TIP projects
• Other critical areas
Council and staff further discussed specific TIP projects.
Ordinance - Budget Adjustment for Chapel Hill Park Construction
Mr. Ratkai provided a brief history of the development and design of the
Chapel Hill Park currently in construction and he explained the need for
additional funding to complete the park's amenities.
Council and staff held a brief discussion on the Park Development fund
and Council expressed support for the additional funding for the park.
Resolution - Second Restated Interlocal Cooperation Agreement for
BiCounty Police Information Network (BI-PIN)
Police Chief Roske explained the purpose of the BI -PIN and how it is
beneficial partnership for the entire greater Tri-Cities area. He also
provided an overview of the updates to the proposed second restated
interlocal cooperation agreement.
Page 2 of 4Page 14 of 166
Resolution - Professional Services Agreement with MacKay Sposito
for Design Engineering Services for Lewis Street Corridor (2nd to
5th Ave) Improvements Project
Mr. Worley introduced Senior Civil Engineer Jon Padvorac who provided
an overview of the proposed Professional Services Agreement (PSA) for
design engineering services for the Lewis Street Corridor Improvements
project.
Council and staff discussion ensued regarding different aspects of the
proposed project.
Resolution - Professional Service Agreement (PSA) Amendment No.
3 with KPG for Construction Support Services for the Peanuts Park-
Pasco Farmer's Market Project
Mr. Ratkai explained the proposed amendment to the PSA for
construction support services with KPG for the Peanuts Park-Pasco
Farmer's Market project was due to unforeseen design and supply issues
since construction 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) and in order to continue to
provide support to the construction team, as well as to ensure that the
unique design and vision of Peanuts Park is fulfilled, additional support is
needed.
Resolution - WA State Department of Ecology $1.5M Loan
Agreement - Process Water Reuse Facility (PWRF) Pretreatment,
Phase 1 Design
Mr. Worley updated Council on the $1.5 million loan from the Washington
State Department of Ecology for the Phase 1 design of the Process Water
Reuse Facility (PWRF) for pretreatment processes, which 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.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Zabell commented on the very low interest rate on the Department of
Ecology's loan.
Mr. White introduced Mike Gonzalez, the City's new Economic
Development Manager.
Page 3 of 4Page 15 of 166
Mr. Gonzalez spoke briefly stating that he was pleased to have the
opportunity to work for Pasco.
Mr. Zabell announced the "Juneteenth" event scheduled on Saturday,
June 19th and also announced the "Coffee with a Cop" scheduled on
June 16. Lastly, he stated that he received information from the
Washington State Department of Financial Management and the City of
Pasco's population was currently 79,580.
Ms. Roach also welcomed everyone to attend the Juneteenth celebration
where she will be participating in a kick ball tournament.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:39 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 4 of 4Page 16 of 166
AGENDA REPORT
FOR: City Council June 17, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 6/21/21
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 06.21.21
Bad Debt Write-off/Collection for May 2021
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $6,165,903.31 ($4,398,241.44 in Check
Nos. 242146-242419; $892,960.87 in Electronic Transfer Nos. 832204-832205,
832236-832237, 832263, 832265-832271, 832285; $8,800.76 in Check Nos.
53602-53615; $865,900.24 in Electronic Transfer Nos. 30161889-30162404).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal,
and parking) accounts receivable in the total amount of $188,330.74 and, of that
amount, authorize $0.00 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 17 of 166
REPORTING PERIOD:
June 21, 2021
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 242146-242419 53602-53615
Total Check Amount $4,398,241.44 $8,800.76 Total Checks 4,407,042.20$
Electronic Transfer Numbers 832204-832205 30161889-30162404
832236-832237
832263
832265-832271
832285
Total EFT Amount $892,960.87 $865,900.24 $0.00 Total EFTs 1,758,861.11$
Grand Total 6,165,903.31$
Councilmember
601,516.51
1,713.97
517.85
326.78
51,918.14
12,966.45
0.00
38,835.77
282.58
2,390.29
0.00
1,344.96
0.00
451.71
3,937.94
33,333.34
0.00
14,926.99
0.00
HOTEL/MOTEL EXCISE TAX 5,000.00
0.00
338,171.66
3,328,566.35
15,256.58
245,003.38
4,522.45
1,464,919.61
GRAND TOTAL ALL FUNDS:6,165,903.31$
The City Council
June 3 - June 16, 2021
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
21st day of June, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
SCHOOL IMPACT FEES
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
Page 18 of 166
BAD DEBT WRITE-OFF/COLLECTION
May 1, - May 31, 2021
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 0.00 0.00 0.00
Ambulance $ 188,330.74 0.00 188,330.74
Court A/R $ .00 .00 .00
Code Enforcement $ .00 .00 .00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 188,330.74 .00 188,330.74
Page 19 of 166
AGENDA REPORT
FOR: City Council June 15, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 6/21/21
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:
MOTION: I move to adopt Ordinance No. _____, amending the 2021 -2022
Biennial General City's the in providing additional Budget appropriation
Construction Fund for the construction of Chapel Hill Park, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
Request is for an additional appropriation of $389,684 from the Park
Development Fund, bringing the total to $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 user s 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
Page 20 of 166
developed in partnership with area residents. With completion of design, a n
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 this 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 complete 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 No. 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 f or future possible
addition of restroom. Cost with tax: $14,018.
Change Order No. 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
Page 21 of 166
Change Order No. 3 - Purchase and Installation of Picnic Shelters and Portable
Restroom Shelter. The portable Restroom Shelter was inadvertently left out of 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 No. 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 No. 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.
• Enhancements to improve the project for the user, ease of maintenance,
and future to facilitate improvement (Change Orders Nos. 1, 2 & 4)
• Addition of the portable restrooms, which were inadvertently left out of the
bid package (part of Change Order No. 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.
This item was discussed at the June 14th Workshop Meeting.
Page 22 of 166
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 23 of 166
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 24 of 166
AGENDA REPORT
FOR: City Council May 25, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 6/21/21
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:
MOTION: I move to approve Resolution No. ____, approving the second
restated Interlocal Cooperation Agreement for BiCounty Police Information
Network between the participating jurisdictions and the City of Pasco for
participation in the BiCounty Police Information Network (BI-PIN), and further,
authorize the City Manager to execute the agreement.
III. FISCAL IMPACT:
The 2021 BiCounty Police Information Network (BI -PIN) budget
BIwere to presented recommendations the -in Committee Executive PIN
September 2020. The budget assessment per participating jurisdiction is a
combination of base fee and percentage allocation tha t 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
Page 25 of 166
imperative to collecting accurate crime information to complete criminal
investigations.
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.
City Council discussed this item at the June 14th Workshop meeting.
V. DISCUSSION:
Staff recommends Council approval of the second restated Interlocal
Cooperation Agreement for BiCounty Police Information Network.
Page 26 of 166
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 27 of 166
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 28 of 166
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 29 of 166
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
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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 31 of 166
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 32 of 166
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
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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 34 of 166
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 35 of 166
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 36 of 166
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 37 of 166
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 38 of 166
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 39 of 166
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 40 of 166
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 41 of 166
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 42 of 166
AGENDA REPORT
FOR: City Council June 14, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 6/21/21
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):
Resolution
Professional Services Agreement (PSA)
Vicinity Map and Statement Of Qualifications Concepts
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ______, 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).
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
Page 43 of 166
project will aesthetically connect two significant downtown projects currently
underway: the Lewis Street Overpass and the Peanuts Park Restoration.
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 was discussed at the June 14, 2021 Workshop Meeting.
Page 44 of 166
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 45 of 166
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 46 of 166
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
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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
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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
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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.
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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
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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.
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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.
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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
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Professional Services Agreement – MacKay Sposito Agreement No. 21-032
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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.
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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
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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 permi ng, 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 & Irriga on Design / Public Engagement Support
●DKS Associates - Traffic Analysis/Engineering/Ligh ng Design
●Alma Villegas Consul ng - 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 comple on.
1.1. MONTHLY INVOICING
1.1.1. Prepare and submit monthly invoices consistent with work completed. Review and
incorporate subconsultant invoices.
Assump on: Invoicing shall be by task as described in this Scope of Work.
EXHIBIT A
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1.2. CLIENT AND TEAM MEETINGS AND SUBCONSULTANT COORDINATION
1.2.1. Conduct mee ngs with the consultant team and the City of Pasco’s (City’s) project
manager at the 30%, 90%, and 100% submi als to discuss client review comments for a
total of three (3) mee ngs. An addi onal five (5) general design progress mee ngs are
included. A task log will be maintained to track due dates, responsibility, and status. All
mee ngs are assumed to be up to one (1) hour in dura on and include agenda and
minutes.
1.2.2. Conduct internal design team mee ngs from 30% through final design. Assumes a total of
eight (8) mee ngs.
1.2.3. Provide management and direc on to the subconsultant team.
1.3. PREPARE AND UPDATE PROJECT SCHEDULE
1.3.1. Prepare a project schedule to include major tasks through final construc on documents.
Each task will include a descrip on, start and end date, and predecessors as appropriate.
Cri cal path tasks will be clearly iden fied. Monitor project schedule and provide a mid
project update.
Task 1.0 Deliverables:
●Monthly invoices (10) total
●Project schedule and one updates
●Mee ng agendas, minutes, and task log updates for client and team mee ngs
L A ND S URVEYING
2.0 TOPOGRAPHIC SURVEY
2.1. OFFICE WORK
2.1.1. Survey management, coordina on, and prepara on for field crew.
2.1.2. Request public u lity 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 u lize 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
ver cal datum (as needed for the topographic survey and for reference for future work).
2.2.2. Search for exis ng survey monumenta on as needed for boundary and right of way
calcula ons.
2.2.3. Map exis ng above-ground u li es, and locate marks provided in response to a public
u lity locate request (within proposed design area).
2.2.4. Map exis ng improvements within defined survey limits.
Assump ons:
●No boundary monuments will be set and a Record-of-Survey will not be included.
●Access into physical buildings is not required/an cipated during this survey.
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●The primary limits of the survey will begin 50 feet west of N 5th Ave and W Lewis St intersec on,
then east on W Lewis St to a point 50 feet east of N 2nd Ave and W Lewis St intersec on
right-of-way to right-of-way.
●Exis ng features to be surveyed include building limits, door entrances, curb, gu er, sidewalk,
underground u li es, u lity 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 u lity locator is not included in this scope. We will request public u lity locates only.
●The horizontal datum will be based on the City of Pasco datum, NAD 83(2011). The ver cal datum
will be based on the City of Pasco datum, NAVD 88. U lized 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 conjunc on with DKS Associates we will prepare and analyze up to three cross
sec on alterna ves that provide op ons for balancing priori es between bicycles,
pedestrians, vehicular travel lanes and parking, site furnishings, and sidewalk width. Each
alterna ve will include a typical sec on and graphical rendering similar to what was
provided for the MacKay Sposito Lewis Street interview presenta on.
4.2.ALTERNATIVES DESIGN ANALYSIS
4.2.1.This includes one (1) mee ng with City staff to review and refine alterna ves based on City
and stakeholder input. A memorandum will be developed that:
●graphically depicts each alterna ve u lizing graphical renderings provided for the
MacKay Sposito Lewis Street interview presenta on. This task does not include
preparing detailed design or line work for each alterna ve. Intersec on
alterna ves will be shown using previous or similar project photos or designs.
●iden fies pros and cons of each alterna ve for each priority listed above
●provides ROM construc on cost es mates
●iden fies a recommended alterna ve with suppor ng jus fica on
Scope and fee for preparing for and leading an alterna ves analysis presenta on to City
Council is included under the Public Engagement task.
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Task 4.0 Deliverables:
●Alterna ves memorandum, graphic renderings, and ROM construc on cost es mates for up to three
(3) cross sec on alterna ves
●Photos or designs of previous similar projects depic ng sample intersec ons for each alterna ve
5.0 30% DESIGN
5.1.CIVIL ENGINEERING, URBAN DESIGN, LANDSCAPE ARCHITECTURE
5.1.1.Building upon the alterna ves analysis and preferred alterna ve, our team will develop
the 30% design for City review. This task includes preparing 30% conceptual layout
roadway construc on plans showing preliminary horizontal geometry design, curb
loca ons, lane configura on, preliminary stormwater systems, and preliminary striping
layout. Key elements include:
●Evaluate exis ng condi ons with as-builts and complete field verifica on
●Preliminary horizontal alignments
●Preliminary intersec on layout/turning movement
●Preliminary drainage analysis and conceptual drainage layout
●Preliminary Typical Sec ons
●Landscape concept design
●Update engineer ’s es mate from the alterna ves analysis for the prefered
alterna ve
5.2.QA/QC
5.2.1.Complete quality assurance and quality control reviews of the 30% design and address
comments prior to submi ng 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
intersec on.
●Updated engineer ’s es mate for the prefered alterna ve
●WSDOT based specifica ons outline
●Typical Sec ons
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 En ty, RE) with the Environmental Review Record (ERR) through
providing the project descrip on and other narra ve support.
Permi ng Assump ons :
●The City will be responsible for preparing all NEPA forms, conduc ng all
required public no ces, preparing fund release requests/cer fica ons, signing
and submi ng all documenta on to HUD, and providing all communica on
with HUD.
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●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
documenta on process.
●Comple on of the HUD NEPA process is expected to meet the Washington State
Department of Commerce’s Environmental Review process. No addi onal
documenta on or coordina on 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 poten al project environmental impacts
with the City of Pasco as the project lead.
Permi ng Assump ons :
●The project will receive a determina on of non-significance.
●Up to two hours are included to address public comments.
●A site visit is not included
●Construc on 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 informa on will include:
Plan Sheets (est.50 sheets)
●Cover/Vicinity Map (1 sheet)
●General Notes, Abbrevia ons, Legend (1 sheet)
●Sheet Index (1 sheet)
●Typical Sec ons (1 sheet)
●Demoli on (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)
●Intersec on 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)
●Irriga on Plan and Details (1”=20’, 4 sheets)
●Project Details (5 sheets)
●See traffic engineering scope for addi onal informa on (ligh ng, etc.)
7.2.HYDROLOGIC CALCULATIONS
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7.2.1.C ollect and review available data rela ng to the drainage and water resources from
Federal, State, and local agencies. Prepare stormwater drainage analysis and runoff
calcula ons as required to meet Dept. of Ecology and City of Pasco standards for
stormwater treatment and disposal. Prepare stormwater modeling calcula ons and
submit calcula ons to the City. A formal hydrology report will not be prepared.
7.2.2. Prepare and fill the Department of Ecology’s Underground Injec on Control (UIC)
applica on for the proposed infiltra on systems.
7.3. SPECIFICATIONS
7.3.1. Prepare project specifica ons including Division 1 specials (but not prepara on of the
en re contract book), and dra general special provisions. Incorporate the latest
versions of all required specifica ons including Housing and Urban Development
provisions, WSDOT amendments, and City standards for material selec on.
7.4. ENGINEER’S ESTIMATE
7.4.1. Further refine the 30% engineer’s es mate to update with the current unit bid prices
and addi onally iden fied bid items as needed. Confirm the es mate aligns with the
an cipated construc on budget, and if not, make sugges ons 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
mee ngs to help guide the design from 30% to 90%
●90% plan set as iden fied above
●Dra specifica ons
●Hydrologic calcula ons
●90% Engineer’s es mate
●Department of Ecology UIC’s applica on
8.0 FINAL (100%) BID DOCUMENTS
8.1. 100% DESIGN PLANS
8.1.1. The Consultant will prepare 100% construc on bid ready plans. This task includes
addressing 90% review comments. Plan informa on will include:
Plan Sheets (est.50 sheets)
●Cover/Vicinity Map (1 sheet)
●General Notes, Abbrevia ons, Legend (1 sheet)
●Sheet Index (1 sheet)
●Typical Sec ons (1 sheet)
●Demoli on (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)
●Intersec on Plans (1”=20’, 4 sheets)
●Signing and Striping (1”=20’, 6 sheets)
●Streetscape/Materials Plans (1”=20’, 5 sheets)
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●Landscaping Plans and Details (1”=20’, 5 sheets)
●Irriga on Plan and Details (1”=20’, 4 sheets)
●Project Details (5 sheets)
●See traffic engineering scope for addi onal informa on (ligh ng, etc.)
8.2.SPECIFICATIONS OUTLINE
8.2.1.Address review comments provided with the 90% specifica ons submi al. Prepare and
submit construc on bid ready final specifica ons.
8.3.ENGINEER’S ESTIMATE
8.3.1.Incorporate review comments and any revisions due to design quan ty and bid items
changes into a final engineer ’s es mate.
Task 8.0 Deliverables:
●100% plan set as iden fied above
●Final project specifica ons
●100% Engineer ’s es mate
9.0 PUBLIC ENGAGEMENT (AV CONSULTING/MACKAY SPOSITO)
The following outlines MacKay Sposito’s and Alma Villegas (AV Consul ng) scope of work and roles for public
engagement.
9.1 PUBLIC ENGAGEMENT KICK OFF MEETING
9.1.1.Facilitate a public involvement virtual kickoff mee ng 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
communica on 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 mee ngs, community events, or other
opportuni es that will be confirmed at this mee ng.
Roles:
●AV Consul ng will lead in the facilita on of this mee ng, 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 mee ng, produce mee ng agenda
and minutes, confirm stakeholders, and develop materials such as comment
cards, mailers, and survey tools.
Task 9.1 Deliverables: Mee ng agenda, mee ng notes, list of proposed stakeholders,
dra comment cards/mailers, and survey tool preferences.
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9.2. LEWIS STREET OVERPASS GROUND BREAKING CEREMONY
9.2.1. A end Lewis Street Overpass ground breaking ceremony to solicit community feedback
on the upcoming Lewis Street project. This will include se ng up a sta on to engage
the public, capture comments and contact informa on for project updates. Exhibits will
include iden fying the project limits, typical street sec ons, illustra ve materials from
Peanuts Park and the Lewis overpass that shows how this project relates to projects
currently under construc on and aesthe cs, and project schedule. We will use this me
to receive comments verbally or through comment cards, share project website loca on
and obtain contact informa on for the public.
Roles:
●AV Consul ng will not be in a endance for this mee ng due to scheduling
conflicts. AV Consul ng will provide feedback and transla on for the survey
ques ons for the Lewis Street ground breaking open house.
●MacKay Sposito will develop all materials for the groundbreaking ceremony and
will facilitate conversa ons, 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 mee ng (At the comple on of the 30% Design Submi al):
●Contact and coordinate mee ng dates and mes with the proposed
stakeholders. Iden fied 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 Mee ng: This mee ng will be to onboard the
stakeholders, explain the project and their roles, set ground rules for
engagement, and address any concerns.
●During the stakeholder mee ng will be to review the dra concepts, costs, and
materials such as site furnishings, street trees, parking and construc on
impacts. Listen and address any concerns.
●Develop and Ini ate a public survey for the project for the general public’s
consump on.
Roles:
●AV Consul ng will contact and coordinate with local business and community
group stakeholders. AV Consul ng will also facilitate the stakeholder mee ng
in-person, strategize on the mee ng agenda, messaging, goals and objec ves,
and the public survey.
●MacKay Sposito will contact and coordinate with other stakeholders to set up
the mee ng, produce mee ng 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.
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Task 9.3 Deliverables: Illustra ve graphics that depict the corridor and areas of
impact,mee ng 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 conduc ng door to door
interviews with the business and property owners within the project limits. The first
effort will take place prior to the Alterna ve Analysis so that we can hear concerns and
address them during this task.
●Contact and coordinate mee ng dates and mes, coordinate with the City
project manager.
●Facilitate individual mee ngs: These mee ngs will be held to explain the
project, construc on impacts, and mi ga on measures, and capture any
preliminary concerns. We will also show the project limits and schedule and
iden fy addi onal outreach opportuni es, including a second round of
individualized mee ngs.
●A end a mee ng with the City project manager to review our findings and
discuss direc on on incorpora ng this informa on into the 30% or conceptual
design.
9.4.2. Outreach Effort #2: This task includes scheduling and conduc ng a second round of
door to door interviews with the business and property owners to review the Alterna ve
Analysis and 30% design documents to take input and address any concerns .
●Contact and coordinate mee ng dates and mes, coordinate with the City
project manager.
●Facilitate individual mee ngs: These mee ngs will be held to review
preliminary concepts, and discuss construc on impacts to each business owner
and the mi ga on measures that will be undertaken. All feedback will be
captured and communicated to the design team.
Roles:
●AV Consul ng will strategize with the team on our approach and messaging for
the individual outreach, provide guidance during this process, transla on
services for flyer development. AV Consul ng will focus on leading in-person
door to door interviews with hispanic owned businesses and proper es and
other primary stakeholders within the project limits. For Outreach Effort #1,
door to door interviews will take place in conjunc on with task 9.1.1 to
minimize travel me. For Outreach Effort #2, door to door interviews will take
place in conjunc on with task 9.3.1 to minimize travel me.
●MacKay Sposito will contact and coordinate with other business or property
owners not iden fied under AV Consul ng above, set up the mee ngs, and
produce a summary of our findings. Illustra ve materials that will be used for
this outreach will be produced as part of tasks 4.0 and 5.0.
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Task 9.4 Deliverables: Summary of findings, list of contact informa on and project flyers.
9.5. OPEN HOUSE EVENT
9.5.1. An open house will be planned a er comple on of the Alterna ve Analysis and prior to
star ng the 30% design task. This mee ng 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 alterna ve interac on methods, such as virtual comment cards or an
email address to respond to.
Roles:
●AV Consul ng 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 transla on 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. Illustra ve materials that will be used for this
outreach will be produced as part of tasks 4.0 and 5.0.
Task 9.5 Deliverables : Illustra ve graphics from task 4.0 and 5.0 that depict the corridor
and Alterna ve Analysis findings, dep cs 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 an cipate opportuni es to a end previously scheduled mee ngs or events where
we can provide updates and advocate for the project.
●A end (2) community events, as iden fied 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 presenta on 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.
●A end a mee ng with the City project manager to review our findings and
discuss direc on on incorpora ng this informa on into the 30 and 90%
designs.
Roles:
●AV Consul ng will lead the events and strategize on the messaging.
●MacKay Sposito will assist AV Consul ng, summarize the findings and develop
all presenta on materials.
Task 9.6 Deliverables: Illustra ve graphics that depict the corridor and areas of impact.
We will also develop a summary memo of our findings.
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9.7. CITY COUNCIL
9.7.1. We an cipate a ending two (2) Council mee ngs during the design process. The first
will be a workshop a er the Alterna ve Analysis tasks to go over the findings,
recommenda ons and cost implica ons, and schedule and impacts due to construc on.
We will share preliminary concepts and construc on budge ng and a preliminary
schedule. The second mee ng 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 ini a ng the next design phase.
●Prepare for and a end a City Council mee ng to provide a project update and
obtain feedback prior to finalizing the design and ini a ng the bidding process.
Roles:
●AV Consul ng will a end in-person and assist in the facilita on of the council
workshop and strategize on the messaging.
●MacKay Sposito will co-facilitate the City Council workshop with AV Consul ng,
prepare materials for both the workshop and for council approval.
Task 9.7 Deliverables: Presenta on materials for the City Council workshop and
mee ng.
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 ques ons and issue one (1) addendum including modifica ons of up to six (6) plan
sheets and up to six (6) specifica on sec ons. This task assumes the City will be the primary point
of contact for bidders and the consultant will answer design related ques ons from the City.
General Assump ons:
1. No ce to proceed provided by June 2021 and 37 weeks to deliver final construc on
documents.
2. Design submi als will be provided at 30%, 90% and Final PS&E.
3. Plans will be prepared u lizing MacKay Sposito dra ing standards.
4. Design will follow City of Pasco design standards.
5. Project does not include Federal Highway Administra on Funding and will not be
required to follow WSDOT’s Local Agency Guidelines or Design Manual, including but not
limited to Prac cal Design and the Highway Runoff Manual.
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6. Coordina on for public or private u lity reloca on is not required.
7. Exis ng u lity potholing is not required for the storm design or modifica on to the
exis ng conveyance system.
8. The City will require two weeks review me at each submi al phase.
9. A permanent irriga on system will be designed for all plan ngs within the ROW.
10. All permi ng and design review submi als will be made electronically.
11. Fee proposal includes a 10% subconsultant markup.
12. The allotment of mee ngs provided in this scope have been reduced due to budget
constraints. If addi onal mee ngs are required a budget amendment may be requested.
13. The 60% design submi al has been excluded from this scope due to budget constraints.
If addi onal submi als 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. Transla on 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 coordina on
6. Property owner nego a ons
7. Stormwater conveyance system design (assumed onsite infiltra on)
8. Structural engineering
9. Geotechnical engineering, including but not limited to onsite infiltra on tes ng and
pavement design
10. Noise study
11. Retaining wall design
12. Right-of-Way acquisi on
13. Construc on phase services
14. Significant private u lity coordina on
15. Coordina on with Housing and Urban Development (HUD), which is assumed to be
provided by the City. The plans, specifica ons, and engineer’s es mate will incorporate
required HUD provisions.
16. Private u lity service and reloca on coordina on.
17. U lity potholing or coordina on for potholing
18. Department of Ecology Construc on Stormwater Permit Applica on, No ce of Intent,
and SWPPP.
Page 68 of 166
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 69 of 166
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 70 of 166
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 71 of 166
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 72 of 166
______________________________________________________________________________________________
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 73 of 166
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 74 of 166
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 75 of 166
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 76 of 166
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 77 of 166
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 78 of 166
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 79 of 166
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 80 of 166
Page 81 of 166
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 82 of 166
PROJECT CONCEPTS (Cont.)
Page 83 of 166
PROJECT CONCEPTS (Cont.)
Page 84 of 166
PROJECT CONCEPTS (Cont.)
Page 85 of 166
AGENDA REPORT
FOR: City Council June 15, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 6/21/21
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Resolution - Professional Services 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:
MOTION: I move to approve Resolution No. _____, approving Amendment No.
3 to the Professional Services Agreement with KPG, for Construction Support
Services for the Peanuts Park - Farmer's Market Project.
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
$ 0
$ 99,982
$ 60,822
_________
$ 830,528
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
Page 86 of 166
have been approved under the authority of the City Manager and ACS Director
for the project:
• 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.
This item was discussed at the June 14th Workshop Meeting.
Page 87 of 166
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 88 of 166
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 89 of 166
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 90 of 166
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 91 of 166
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 92 of 166
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 93 of 166
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 94 of 166
AGENDA REPORT
FOR: City Council June 14, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 6/21/21
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:
MOTION: I move to approve Resolution No. _____, authorizing execution of the
$1.5M loan agreement with the Department of Ecology for the Process Water
Reuse Facility (PWRF) Improvements.
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
Page 95 of 166
screening upgrades, solids handling improvements, electrical upgrades, and a
potable waterline extension to the facility, among other site improvements.
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.
This item was discussed at the June 14, 2021 Workshop Meeting.
Page 96 of 166
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 97 of 166
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 98 of 166
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 99 of 166
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 100 of 166
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 101 of 166
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 102 of 166
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 103 of 166
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 104 of 166
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.
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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.
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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
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Recipient Name:
SRF Loan Task Total
Grant and Loan Administration 5,000.00$
Design 1,495,000.00$
1,500,000.00$Total:
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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 .
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“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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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-.
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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.
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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.
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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
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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.
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GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS 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 .
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•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 .
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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.
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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
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(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
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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 ,
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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
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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.
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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.
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AGENDA REPORT
FOR: City Council June 16, 2021
TO: Dave Zabell, City Manager City Council Special
Meeting: 6/21/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Danilyuk Short Plat Sewer Service Requirement Appeal (APPL 2021-
001)
I. REFERENCE(S):
Exhibit A: Short Plat Application (SPLAT 2021 -001)
Exhibit B: Proposed Short Plat
Exhibit C: Staff Memo
Exhibit D: Appeal (APPL 2021-001)
Exhibit E: Utility Service Waiver (USW 2021 -002)
Exhibit F: USW Denial Letter
Exh ibit G: Gerth Memo Road 96 Plat SEPA
Exhibit H: Memo Danilyuk 2021 -05-27
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to deny the sewer waiver appeal based on the application's
failure to meet the standard requirements found in the Pasco Municipal Code
Chapter 16.15.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Planning Department staff received a s hort plat application (SPLAT 2021 -001;
Exhibit A) from applicant Tony Danilyuk in late January 2021 to subdivide a 2.2 -
acre parcel into three lots (Exhibit B, Proposed Short Plat).
After City staff reviewed the proposal, it was determined that a requirem ent for
short plat approval must include the installation of sewer service utilities (Exhibit
C, Staff Memo). Staff referred to provisions in the Pasco Municipal Code (PMC)
Section 16.15.010, “Water and Sewer Service Required” to make this decision.
Page 134 of 166
Applicant filed an Appeal (APPL 2021 -001; Exhibit D) on February 16, 2021, but
was required to exhaust all available remedies first by applying for a Utility
Service Waiver (USW) request for the sewer service requirement with the City
Manager. This occurred on March 19, 2021 (Exhibit E).
The USW was denied on May 20, 2021 (Exhibit F). Now that all available
remedies have been exhausted the Appeal is being brought to Council for
consideration.
The former landowner and current adjoining property owner sent a memo to Staff
including some background information and encouraging the City Council to
deny the waiver (Exhibit G).
V. DISCUSSION:
According to the PMC Section 16.15.050(2), the prerequis ite requirements for a
development permit stated in PMC Section 16.15.010 may be waived by
Administrative Approval of the City Manager or designee for waiver of sewer
utility connections provided the property for which the waiver is requested meets
the fol lowing conditions:
(a) Must be of adequate size, soil type, slope and other conditions to meet
the Benton -Franklin Health District requirements for on -site septic systems
and replacement drain fields and must receive final approval from the District
for the on -site system;
(b) Must be greater than 200 feet from an existing municipal sewer service
line or must be dependent on the provision of future sewer infrastructure to
receive sewer service – such as additional line or treatment facility capacity,
lift stations or similar components;
(c) Subject to those conditions contained in subsections (1)(a) through
(1)(c) of this section; and
(d) The decision on the granting or denying of a sewer utility connection
may be appealed to City Council within 10 cale ndar days from the date of
the decision. The appeal must be in writing.
According, to the PMC Section 16.15.060 any determination to grant, deny, or
grant with conditions an application for a waiver described in the PMC Section
16.15.050 shall be based up on the following criteria:
Page 135 of 166
(1) Special circumstances applicable to the property in question or to the
intended use that do not generally apply to other properties or classes of
use in the same vicinity or zoning classification;
“Special circumstances” in this scenario would need to be some
characteristic of the property which makes construction of sewer
tantamount to denial of all economically viable use of the property. In
such cases, it could be said that requiring the sewer to be built would
deny enjoyment of a substantial property right. Applicant has not alleged
that such circumstances exist.
As noted in Exhibit F, the property associated with the waiver does not
have special circumstances that would differentiate it from other nearby
properties.
(2) the preservation and enjoyment of a necessary for A waiver is
substantial property right or use possessed by other property in the same
vicinity and zoning classification, which because of special circumstances is
denied to the property in question;
Also noted in Exhibit F, nearby properties that currently do not use
municipal sewer were devel oped generally between the years of 1960
and 2000 and, at the time of development, were not located within City
limits. A waiver to not align with the goals and policies of the
Comprehensive Plan and the City of Pasco Development Standards as
it relates to the Urban Growth Area is not necessary for the subject
property. In the subject case, the property owner could construct the
sewer under a latecomer’s agreement. Applicant has not been denied a
substantial property right, nor has applicant alleged that h e has been
denied a substantial property right.
(3) The granting of the waiver will not be detrimental to the public welfare or
injurious to any person, property or improvements thereon in such vicinity
and zoning classification in which the subject prop erty is located;
One of the primary purposes of the Growth Management Act is to
ensure that all development in the City UGA occurs commensurate with
urban level infrastructure, including city water and sewer. Septic
systems do not promote urban infill or urban level densities. Also septic
systems can fail over time and cause pollution to groundwater, which
could impact other properties in the vicinity.
(4) The granting of a waiver will not conflict with the general intent of this
chapter;
Page 136 of 166
The PMC Secti on 16.15.010 requires that all developments must connect to City
water and sewer as a prerequisite to development. The limited exception to this
rule is for properties with “unusual circumstances” which would deprive the
owner of reasonable economic use of property if the sewer requirement is strictly
enforced. This exception provision is intended to protect the City from a
regulatory takings challenge in the event the city sewer requirement deprived the
landowner of a substantial property right. This is al so consistent with the Growth
Management Act’s requirement that all properties within the UGA be developed
with urban level infrastructure.
Applicant’s reliance on the PMC Sections 13.70.060 and 13.70.070 is misplaced,
as these sections require that all h omeowners must connect to sewer unless the
exemption criteria in the PMC Chapter 16.15 are met. Because the exemption
criteria have not been met, denial of the request for an exemption is proper.
Conclusion from Staff:
• The granting of the utility service waiver does not promote the intentions
and goals of the Comprehensive Plan.
• The proposal does not comply with the standards and requirements of
development within the City of Pasco.
• The subject property does not have the necessary special circumstances
to justify waiving the requirements for the utility connection.
The utility service waiver appeal should therefore be denied.
Page 137 of 166
Community & Economic Development Department
PO Box 293, 525 N 3'd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
SHORT PLAT APPLICATION
Fee:$825
Master File# _____ _ Date Submitted: ot f 01 /2-oJ.J I I Complete Application: _____ _
Applicant Info Owner Info (if different than applicant) Name: Name: TON'r DAJJJt.YtJ/(fl.Nf\.iOL�'I l>�J\\i'-'I k..K Address:
Phone:
Email:
n2.1 Id RoAO 3,-Z: ISl"I �-{�..,�tJS b�
� C9 7 'iJ)� � 8ef R,,t-\LltN�1 \JA 't'l�S'f
(sov 53/-73/,'f
ro�� DAIJ20@ YAJ;ib:,. CDM.
Address:
Phone:
Email:
Project address: __ U_'N_lt�!6=J�t:-�..u.-t£D ___ �R�o=A�D-_'1�'�-----
Project parcel number: _ _.:l_,_/..,..8_-_J_o"""'/_-_o--=5_.7 ________ _
Current zoning:f<.5 -2 0
Number of lots proposed: -----=3 ___________ _
Source of domestic water: __ C_I 71:___._ __________ _
Method of sewage disposa I: ---'--SE,-=-p'-'r,'-'/..,.(._ _________ _
Fee for Short Plat Environmental Checklist Radius Notification
□Short Plat(Electronic copyand .dwg)
Updated September 2020
□Title Report
$700.00 $ 75.00 $ 50.00
$825.00
□Fee of $825
-
□SEPA Checklist
Page 138 of 166
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property.
Da, I
Date
Updated September 2020 Page 139 of 166
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
_ .SHORT PLAT APPLICATION
Fee:$825
PURPOSE: The purpose of a short plat is to provide an administrative method of land subdivision allowing the creation
of nine (9) or fewer lots meeting the zoning and subdivision requirements established in Titles 25 and 26. The intent of
the short plat process is to promote orderly and efficient community growth within the requirements of RCW 58.17.035.
REQUIREMENTS:
1.Title report current within thirty (30) days
2.Application fee of $825 ($700 application fee+ $75 SEPA fee+ $50 radius notification fee)
3.A completed Environmental Che.cklist (SEPA) form
4.Electronic or paper Short Plat map showing the entire contiguous tract owned by the applicant subdivider
(18 x 24 inches) which shows:
a.Names of any adjacent subdivision;
b.A vicinity map;
c.Lines marking the boundaries of proposed lots, square footages of the proposed lots and number of
each lot;
d.Approximate locations of existing roads, cul-de-sacs, alleys and ways or easements for such roads,
and rights-of-way within and adjacent to the tract;
e.Location, dimensions and usage designations for all proposed and existing easements of record;
f.Proposed source of water supply and method of sewage disposal for each lot;
g.The legal description and parcel number of the said tract;
h.The name and address of the owner or owners of the said tract;
i.Land Surveyor Certificate;
j.Signatures of all recorded property owners agreeing to the division of property;
k.A utility easement and improvement statement on the face of the short plat in a manner prescribed
by the appropriate utility provider;
I.A signature block including the following:
i.City Engineer
ii.Community and Economic Development Director
iii.County Auditor
iv. Franklin County Public Utility District or other utility district
v.Irrigation District (when applicable)
m.Horizontal datum information:
i.The horizontal datum used will be the North American Datum 1983/ HARN, Washington
State Plane Coordinate System, South Zone and will be expressed in U.S. Survey Feet.
5.Digital copy of plat (.dwg file) either by disk or emailed to the Planning Department.
PROCESS: An application for short plat approval shall be approved, approved with conditions, returned to the applicant
for modifications or denied within thirty (30) days of its receipt by the Community and Economic Development Director
or designee unless the applicant agrees, in writing, to an extension of this period. The Community and Economic
Development Director or designee shall not be considered to be in receipt of an application for short plat approval
unless and until such time as the application meets the requirements of PMC 21.40.030 through 21.40.60 as determined
by the Community and Economic Development Director or designee.
Updated September 2020
Page 140 of 166
Upon receiving a complete application for short plat approval, the Community and Economic Development Director or
designee shall transmit a copy of the short plat, together with copies of any accompanying documents as the
Community and Economic Development Director or designee deems appropriate, to the following:
a_} City Engineer, who shall review the proposed short plat with regard to its conformance to the general purposes
of adopted traffic and utility plans, adequate provisions for storm drainage, streets, alleys, other public ways,
parks and playgrounds, schools and school grounds, sidewalks and other planning features that assure safe
walking conditions for students, water and sanitary sewer, and conformance to any applicable improvement
standards and specifications;
b)Fire Chief, who shall review the proposed short plat with regard to adequate provisions for emergency access;
c)All property owners within 300 feet of the proposed short plat;
d)Any other City department, utility provider, school district or other public or private entity as the Community
and Economic Development Director or designee deems appropriate.
In transmitting the proposed short plat to the parties referenced above, the Community and Economic Development
Director or designee shall solicit their comments and recommendations. Any comments received within the 10 day
notice period shall be incorporated into the formal findings which will form the basis of the Community and Economic
Development Director or designee's decision on the short plat.
ADMINISTRATIVE DETERMINATIONS: The Community and Economic Development Director or designee shall, after
conferring with appropriate officials, determine whether:
1.Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage
ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops,
schools and school grounds, sidewalks and other planning features that assure safe walking conditions for
students;
2.The proposed short plat contributes to the orderly development and land use patterns in the area;
3.The proposed short plat conforms to the policies, maps and narrative text of the Comprehensive Plan;
4.The proposed short plat conforms to the general purposes of applicable policies or regulations adopted by the
City Council;
5.The proposed short plat conforms to the general purposes of Title 21;
6.The public use and interest will be served by permitting the proposed division of the land.
If the Community and Economic Development Director or designee determines that the foregoing requirements are
met, he/she shall approve the short plat, and shall transmit the approved drawing to the applicant. Once approved the
short plat will be returned to the applicant for recording with the County Auditor.
RESUBDIVISION PROCEDURE: Land divided through the short plat process into four or more lots may not be re-short
platted for a period of five years. Any further land division must occur through the preliminary and final platting process.
Lands which have been subdivided under the preliminary and final plat process may be further subdivided using the
short plat or binding site plan process.
WATER RIGHTS: (Residential only) Per PMC 26.04.115, any existing water rights shall be transferred to the City as a
condition of approval. If no water rights are available then the property owner shall pay to the City, in lieu thereof, a
water rights acquisition fee as established in the City Fee Summary Ordinance located in PMC 3.07 (see below):
Calculation of Water Rights
Base water rights $517.50 per lot
Irrigation ·water rights (City 0.5 x area (acres) x 3.5 x $1,725 irrigation or no irrigation provider)
Updated September 2020
Page 141 of 166
LOCAL IMPROVEMENT DISTRICTS: As a condition of approval of a short plat, the owner has waived the right to protest
the formation of a Local Improvement Districtfor sewer/water/road/sidewalk improvements to the full extent as
permitted by RCW 35.43.182.
ZONING INFO: Short Plat restrictions based on zoning districts:
Zone Minimum lot size
(sq. ft.)
RS-20 20,000
RS-12 12,000
RS-1 10,000
R-1 7,200
R-2 5,000
R-3 4,500
R-4 4,000
Minimum street frontage
(ft.)
90
90
90
-60*
SO*
SO*
SO*
*If lot size is 10,000 square feet or mor e,
a minimum frontage of 90 feet is
required.
CONSTRUCTION OF IMPROVEMENTS REQUIRED: The City Engineer shall determine whether:
1.Public rights-of-way must be improved and utilities installed to the minimum requirements of this code and
City Standards;
2.Required infrastructure improvements must be substantially completed as approved by the City Engineer.
Minor improvements consisting only of sidewalks and landscaping where applicable, or similar
improvements, may be secured by a plat bond;
3.In lieu of completion of these minor improvements, prior to recording of the short plat, a plat bond issued
by a licensed corporate surety or two individual sureties or other approved surety must be provided, to the
full amount of the cost of such work, as estimated by the City Engineer, including construction inspection
costs, but in no case less than $2,000.00;
4.All or a portion of security will be released upon acceptance of the improvements by the City Engineer, or
upon substitution of another guarantee or approved bond or security;
5.If, after two years, all improvements are not so improved, the City will cause the improvements to be
provided in accord with the approved plans, and the costs thereof must be paid by the bonding company, or
out of the savings account assignment or other security;
6.In lieu of the plat bond, a cash bond, a certified check, an irrevocable letter of credit, or other surety
approved by the City Attorney, equal to the cost of improvement multiplied by 125 percent may be posted.
In addition, the City may require security up to two years against any defect in workmanship or materials in
the installation of the improvements.
Adequate and proper right-of-way improvements shall include curb, gutter, sidewalk, illumination, traffic control
devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation.
APPEALS: Appeals of an administrative decision relating to a short plat may be made to a Hearing Examiner pursuant to
Chapter 25.195 PMC. Such an appeal must be made in writing and filed together with the appeal fees listed in
PMC 3.35.110 with the Community and Economic Development Director or designee within 10 working days from the
date on which the decision was rendered; if not, the decision of the Community and Economic Development Director or
designee is final and no further appeal may be made. The written appeal shall include a detailed explanation stating the
reason for the appeal. The decision of the Hearing Examiner shall be the final action.
Updated September 2020
Page 142 of 166
Page 143 of 166
RSIPage 144 of 166
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
M E M O R A N D U M
DATE: February 2, 2021
TO: Anatoliy Danilyuk
FROM: Andrew Hattori, Temporary Planner I
SUBJECT: Danilyuk Road 96 Plat
The following notes/requirements have been submitted by City staff regarding this project. Findings of
Fact are forthcoming.
Engineering Division – Tyler Johnson:
1) All improvements shall be in accordance to the Pasco Municipal Code. The Pasco Municipal Code
adopts the most recent versions of the City of Pasco Standard Specifications, the Washington State
Department of Transportation Standard Specifications for Road, Bridges, and Municipal Construction,
the International Building Code, and the International Fire Code. If there are any conflicting regulations
in any of these documents, the more stringent regulation shall apply.
2) The face of the plat shall include this statement: AS A CONDITION OF APPROVAL OF THIS SHORT PLAT
THE OWNER WAIVES THE RIGHT TO PROTEST THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT
FOR SEWER/WATER/ROAD/SIDEWALK IMPROVEMENTS TO THE FULL EXTENT AS PERMITTED BY RCW
35.43.182.
3) Only City maintained utilities are allowed in the public right-of-way. Any existing non-City owned
utilities located in the right-of-way must be relocated to a utility easement outside of the right-of-way
at the developer’s expense. Overhead utilities shall be placed underground.
4) It shall be the responsibility of the property owner/developer to contact all utility owners to determine
their system improvement requirements. Prior to subdivision construction plan submittal and/or
review the property owner/developer shall provide to the City of Pasco a written letter of
support/approval of the proposed development from all outside utilities, public and private.
5) Any existing water rights shall be transferred to the City as a condition of approval. If no water rights
are available then the property owner shall pay to the City, in lieu thereof, a water rights acquisition
fee as established in the City Fee Summary Ordinance located in PMC 3.07. PMC 26.04.115. A water
rights estimate will be provided after the revised plat is submitted.
6) Frontage improvements and any necessary utility extensions are required prior the City Engineer
signing the plat per PMC 21.40.085. Minor improvements not completed must be secured with a bond
prior to recording the plat.
7) Sewer will be required to be extended to serve this flag lot.
8) All City utilities that are required to serve the lots must front each property being served.
Page 145 of 166
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Planning Division – Andrew Hattori & Jacob Gonzalez
1) Addresses will be assigned after revised plat is submitted.
2) Per PMC 21.20.060:
- Applicant must demonstrate that construction of public street prevents minimum density of
underlying zone or where geometric, topographic or physical features would make it impractical to
extend or build a publically dedicated street (PMC 21.20.060(2)(a)(b)
- (e) Emergency Access. When the furthest point of a proposed structure is greater than 150 feet in
distance from the public right-of-way, as measured along an accessible route, an approved fire vehicle
turnaround is required as defined by the International Fire Code;
- All other provisions of PMC 21.20.060 must be met.
Fire Division
1) A Fire Apparatus access road or turnaround is required meeting IFC and PMC requirements. A
hammerhead is not allowed. Access roads in excess of one hundred fifty feet (150') require a Fire
Apparatus turnaround.
Franklin County Irrigation District – John Burns
1) This parcel is currently with Franklin County Irrigation Districts service area , currently served and
assessed by FCID. The owner/developer shall cause to be installed piping and service access points to
each of the new lots formed by the proposed plat. The closest FCID mainline is along the west side of
Rd 96, this will be the tie-in point for the delivery system. Prior to installation the
owner/developer shall provide an engineering drawing showing the proposed location of the supply
line from Rd 96 along with a proposed size to meet the total irrigation water allotment of 8
GPM/year/acre or appropriate proportion thereof to FCID for review and approval. The service
connection point shall be one-inch in size for each of the new lots Prior to any construction of said
facilities. The installation of said lines and services shall conform with the most recent FCID
Standards and Specifications. Any question regarding FCID comments shall be directed to the FCID
Office (509) 547-3831. Covid-19 requirements are being enforced at the FCID office. An
appointment is required prior to any in person contact with FCID staff. Inspections and plan review
fees may be incurred.
Page 146 of 166
I '
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
HEARING EXAMINER REVIEW APPLICATION
Fee:$750
Master File# ------Date Submitted: _____ _
The undersigned hereby applies for review by the Hearing Examiner.
Applicant Info Owner Info
(i f different than applicant)
Name: 101.l"(' DA/JI L Yul( Name: T�Y DAAJIL rvx: le wrAl.'\'" .SY�YUJc'.
Address: 132.i, SrEIIEJ.JS OR
R1a1LA1JO, �A qc,35'{
Phone: (soq) 531-73'lf
Email: TO�'rDAIJ2o e YAHOo-Cc.M
Project address: 0/Jt>EVEL9?ED Ro.AD 96
Project parcel number: 118 .... Jo/ -057
Current zoning: 12.S .;,zo StJ/sbl�BAJJ
Present land use: Cf/• -V>J0cvE?PP£D l&ob
Address:
Phone:
Email:
Give a detailed description ofthe proposed use that requires a variance: P2ofo5,ED vsr � O,.o. 91'-t
s£PJ7C JS J<£Qo..CS/Zt) (Alo� WJ7/I SCJRPl.£/tll.£t»?{L t/r1t.ITr SE//YK£ wAll/£..e) UJ
�CQv,flur,.r -
1,.1£u o,c {,)AJJU!ts�B/.L SrAa-o �1;2; FRoM. R1c1< wJ.J,rE 1,-; MDNs f-'Dft.
SEPA2oz1-001 DAmo EEB, 2, 2oz,
Special circumstances applicable to the property: NO NEJ(.,}181J/l./,Jc,-P!<o/?EIZl?: AL�t.r l?tJJD 96
1$ CoR.Rp.Jn.y CCHJlfOZD ro cirt SCN.d!., TIIIS P£tJFEO?-Slkwt.D ivor Bl;
R£qu,R£o ro Bv1J..D 1100 0-r£Fr oc P(IFt..1� S£1tv�P. Pr-fl...
Updated May 2020
Page 147 of 166
•
How does the strict interpretation of the zoning ordinance deprive the applicant of rights and privileges
enjoyed by other properties in the vicinity under an identical zoning classification? _________ _
/IIE $TR/er IPTE/?PIUr/1-Tl&J D£Pgrv&!. APPl.!CA/JT Or Rlr,,t/r Tf) S€P}?� Sb;�
£N.Joy£1) Bt All. iJ£l/rl/8D/l/� f'RoW1ln.£S ();J RoAD 9, AND FtJf.CES HUM
2 \\ Staff decision which is being appealed: Af 11141,.nr:,� DET.CRMt�Aho;.J , Co,,.,�entuJ ro Cl)r
II S.E.�/Z1$g£,Qv1g.c1> l$StJEp FPR PRo�Xc:.r No. SEP/J20Z/-ex:>I eJN
F£J3. 2 < 20Z/.
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the
applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City
to obtain a current list of property owners of all properties within 300 feet of the applicant's property.
Fee for Hearing Examiner
Radius Notification
State of Washington
ss.
County of Franklin
$700.00 $ 50.00
$750.00
On this )2 a day of fEBgoAJZY , 2oZ./ , before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned an sworn, personally appeared
MArollr:: PA1J/b'tuK . . being duly sworn on his/her oath that he/she has prepared and read
the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has
signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned.
�''''"'"'"'�lffll� J J_j SUBSCRIBE�'f«9N�� before me this _2_day of �F.L....ZC&.-B�•--__,
� .��;,.�i�.2��-··�%
� ♦-Jl.�f]) . ,� •• � : .. ���OTARi, � � �- . -... . -:. • ... -: Es ·. PUBLIC • EE
� ·-� �-· � %��-·�.,.�.-· #
��� •••••• '/1,,.� ;,,,,,. Qr: WP.$ ,,,..._ i,,,,,,,. .. "''''''
Updated May 2020
ary Public in and for the State of Was hi
Residing at RJCf/LAND , 'tJAj
My Commission expires_�A_tJG�•....,2=---,2�, -=Z-"-o-"-z __ 3'------
Page 148 of 166
•• ..
How does the strict i�rpretation of the zoning ordinance deprive the applicant of rights and privileges
enjoyed by other properties in the vicinity under an identical zoning classification? _________ _
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the
applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City
to obtain a current list of property owners of all properties within 300 feet of the applicant's property.
Fee for Hearing Examiner
Radius Notification
State of Washington
ss.
County of Franklin
$700.00
$ 50.00
$750.00
On this /2. JI.. day of FE8. , zczt , before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned an sworn, personally appeared
V lfA Ur 5'\'"3 ruJ< being duly sworn on his/her oath that he/she has prepared and read
the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has
signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. ''''"'"'"'''1: . f! SUBSCRIBED ��io"���efore me this R_day of �F_E�B�·-----Zoz/
� !()0 •;ll,�NT �-.� � � �-�-.o."t 28 il �-· � � --i�..,. ' ���·-. �: • � olARY � • � -. �" . -= : �·.. : =
: • PUB\.\C • :: 'S •• ,.!\.: � "'-� ....� . �. ;:: ��·•. . . .. · � � �>,........ �� .,,,,;cOFw� ,,,,.., "'''''"""i"''�
Updated May 2020
otary Public in and for the State of W snington
Residing at Rrc!lt.AJJD I -...;A•
My Commission expires ).u(y. 2 'i; ZOZ.3
Page 149 of 166
,, .
I ii ... Cityi?/'II Pasco Community & Economic Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO PLJ...IJIJIN� DEPT.
Fee:$750
HEARING EXAMINER REVIEW APPLICATION ArrJJ: Ria< wHJT£.
PURPOSE: The purpose of PMC Chapter 25.195 is to establish a system of applying land use regulatory
controls which will best satisfy the following basic needs:
A.To assure procedural due process and appearance of fairness in certain land use regulatory hearings;
and
B.To provide an efficient and effective land use regulatory system, which integrates the public hearing
and decision-making process for certain land use matters by adopting a hearing examiner system as
provided by RCW 35.63.130 in accordance with Chapter 2.19 ofthe PMC.
LAND USE DECISION AUTHORITY: The hearing examiner shall receive and examine available information,
conduct public hearings, and prepare a record thereof, and enter findings of fact, conclusions and a decision as
provided for herein. The hearing examiner shall hear and decide the following land use decisions:
A.Variances. Any variance granted shall be subject to conditions that will assure that the adjustment
thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations
upon other properties in the vicinity and zoning which the subject property is situated. The following
circumstances are found to apply:
1.Because of special circumstances applicable to the subject property, including size, shape,
topography, location of surroundings, the strict application of the zoning ordinance is found to
deprive subject property of rights and privileges enjoyed by other properties in the vicinity and
under identical zone classification.
2.That the granting of the variance will-not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject property is
situated.
3.The special circumstances applicable to the subject property were not created through the
action(s) of the applicant or any predecessor in interest.
B.Review -Administrative Action. Appeals may be heard by the examiner, where it is alleged by the
applicant that there is error in any order, requirement, permit, decision or determination made by the
City Planner in the administration or enforcement of Title 25. Where the street or lot layout actually on
the ground, or as recorded, are different from the street and lot lines as shown on the zoning map, the
examiner, after notice to the owners of the property, and after public hearings, shall interpret the map
in such a way as to carry out the intent and purposes of Title 25. In case of any questions asto the
location of any boundary line between JOning districts, a request for interpretation of the zoning map
may be made to the examiner, and a determination shall be made by the examiner.
C.Waiver of Violations. Recognizing the fact that a building may be erected in good faith with every
intent to comply with the provisions of Title 25 in respect to the location of the building upon the lot
and the size and location of required yards, and that it may later be determined that such building does
not comply in every detail with such requirements, although not violating the spirit or intent of the
zoning ordinance, the examiner may issue a waiver of violation subject to such conditions as will
safeguard the public health, safety, convenience and general welfare.
Updated May 2020
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D.Extension of Use on Border of District. The examiner may hear and approve the extension of a use or
building into a more restricted zone classification immediately adjacent thereto, but not more than
thirty (30) feet beyond the dividing line of the two (2) zone classifications, and under such conditions as
will safeguard development in the more restricted district.
E.Administrative Exceptions. An administrative exception not to exceed one (1) foot of any dimensional
standard pertinent to front yard, side yard, rear yard, flanking street, and building line may be granted
by administrative action of the examiner without public hearing and without posting or public notices.
LAND USE APPLICATION: Applicati9ns for permits or approvals within the jurisdiction of the hearing examiner
shall be presented to the City Planner. The City Planner shall accept such applications only if applicable filing
requ irements are met. The City Planner shall be responsible for assigning a date for and assuring due notice of
public hearing for each application; which date and notice shall be in accordance with the statute or ordinance
governing the application.
REPORT OF COMMUNITY DEV. DEPT. FOR LAND USE APPLICATION: For any land use issue coming before the
examiner, the Department of Community Development shall coordinate and assemble the reviews of other
City Departments, governmental agencies, and other interested parties and shall prepare a report
summarizing the factors involved and the department's finding and recommendations. At least seven (7)
calendar days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof
shall be mailed to the applicant and made available for public inspection.
Updated May 2020
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Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
UTILITY SERVICE WAIVER
FINDINGS OF FACT
May 20, 2021
MASTER FILE #: USW 2021-002
APPLICANT: Tony Danilyuk
1324 Stevens Dr
Richland, WA 99352
PROPOSAL: Utility Service Waiver: Danilyuk Road 96 Short Plat
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: SHORT PLAT 2017-17 LOT 2
General Location: Parcel #118-101-057
Property Size: 2.13 acres
2. ACCESS: The property has access from Road 96.
3. UTILITIES: Municipal water is available in Road 96 and sewer is available at the intersection of Road 96 and
Balflour Drive.
4. LAND USE AND ZONING: The property is undeveloped and currently vacant. The property is zoned R-S-20
(Suburban)
STAFF FINDINGS OF FACT
Pasco Municipal Code require staff to develop Findings of Fact as to how this proposed utility service waiver will protect
and enhance the health, safety, and general welfare of the community. The following is a listing of "Findings of Fact”:
Parks/Open Space/Schools: Liberty Park is approximately 1,700 ft. from the subject property which offers space for
recreational activities. Park impact fees will be collected at the time of permitting of each single-family dwelling to be used
for park development. Chiawana High School is approximately 4,200 ft. from the subject property.
Safe Travel & Walking Conditions: Pavement sections for improvements of said private street are subject to approval by
the City of Pasco Public Works and Fire Departments. Other right-of-way improvements, where and when properly
required by the City, will be installed and constructed to current City standards and to the standards of the American’s
with Disabilities Act (ADA).
Proper Access & Travel: The associated plat will be developed to City standards to assure proper access is maintained to
each lot. Connections to the community will be provided by the existing Road 96. The associated short plat site will not be
immediately served by Ben Franklin Transit.
Page 155 of 166
Adequate Provision of Municipal Services: All lots within the associated plat will be provided with municipal water and
other services except sewer. The utility service waiver proposes to waive the requirement of sewer and instead install
septic tanks to serve the properties.
Comprehensive Plan Policies & Maps: The Comprehensive Plan indicates Goals and Policies of the Utilities Element that
cover all public water and sanitary sewer, among other utilities. Goal LU-2 encourages the maintenance of established
neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Goal UT-1-A encourages
that public water and sewer services are available concurrently with development in the urban growth area.
Urban Growth Area: The planned short plat is located within the Pasco Urban Growth Area and City limits.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before approving or denying of the utility service waiver, staff must develop Findings of Fact from which to draw its
conclusion therefrom as to whether or not:
(1) Special circumstances applicable to the property in question or to the intended use that do not generally apply to
other properties or classes of use in the same vicinity or zoning classification;
The property associated with the waiver does not have special circumstances that would differentiate it from other nearby
properties.
(2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other
property in the same vicinity and zoning classification, which because of special circumstances is denied to the
property in question;
Nearby properties that currently do not use municipal sewer were developed generally between the years of 1960 and
2000 and, at the time of development, were not located within City limits. A waiver to not align with the goals and policies
of the Comprehensive Plan and the City of Pasco Development Standards as it relates to the Urban Growth Area is not
necessary for the subject property.
(3) The granting of the waiver will not be detrimental to the public welfare or injurious to any person, property or
improvements thereon in such vicinity and zoning classification in which the subject property is located;
While not immediately detrimental to the properties within the vicinity, allowing a waiver for a service that is indicated as
a policy for concurrent development within the Urban Growth Area would be of detriment in the future.
(4) The granting of a waiver will not conflict with the general intent of Chapter 16.15 in the Pasco Municipal Code;
The intent of Chapter 16.15 is to provide a means for a property to be reviewed for a possible waiver for utility connection
based on special circumstances applicable to the property. To qualify for administrative review the property must be of
adequate size, soil type, slope, and other conditions to meet the Benton-Franklin Health District requirements for on-site
septic systems and replacement drain fields and must receive final approval from the District for the on-site system. It
must also be greater than 200 feet from an existing municipal sewer service line or must be dependent on the provision
of future sewer infrastructure to receive sewer service.
The subject property meets the requirements for the administrative review but does not meet the intent for applicable
special circumstances.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
The granting of the utility service waiver does not promote the intentions and goals of the Comprehensive Plan. The
proposal does not comply with the standards and requirements of development within the City of Pasco. The subject
property does not have the necessary special circumstances to justify waiving the requirements for the utility
connection. The utility service waiver has therefore been denied.
Page 156 of 166
1
From: ***(REDACTED)***
Sent: Sunday, June 6, 2021 5:52 PM
To: Kristin Webb <webbk@pasco‐wa.gov>
Subject: 118101057 Sewer Appeal
I am writing in regard to the appeal by Tony Danilyuk for Lot 118101057. I believe the appeal should
be denied for the following reasons:
1) As the former owner of the said Lot, I had spoken to the City (Darcy, and a gentleman by the
name of Rick, I believe) on several occasions about what could/could not be done with it. During
those conversations, it was stated more than once that the parcel could not be subdivided into more
than two lots without connecting to the sewer. My realtor had also spoken with the City before
listing the parcel, and was given the same information.
2) Tony Danilyuk and Vitaliy Synyuk were made aware of the sewer requirement before
purchasing the parcel. They were also given a 10 day feasibility period with which to do
further research or make any additional inquiries. They chose to sign the papers after only
two days.
3)If the parcel was able to be subdivided into three lots without the sewer connection
requirement, it could/would have been sold for fair market value as such.
4) All of the surrounding homes that are currently on septic have been here before this
area became part of the City, some for decades.
5) In conclusion, if the City does choose to approve this appeal, it will be setting a precedent that
rules and requirements do not have to be adhered to by other landowners, contractors,
and developers going forward.
Thank you for your time and consideration in this matter,
Virginia L. Gerth
*Please confirm that you received this email before the hearing. There was no email address for the
Community Development Department so I want to be assured they will receive this as I am not able
to make the hearing. Thank you.
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May 27, 2021
Pasco City Council
RE: USW 2021-002 Utility Waiver decision Appeal
Dear Councilmembers,
RECEIVED
MAY 2 8 2021
COMMUNITY & ECONOMIC
D!:VE LOPM ENT
We are writing you to request an appeal to the denial decision for our utility waiver application made by
the Community and Economic Development Department for Master file# USW 2021-002 as we believe
that it is unconstitutional and contrary to the requirements of PMC 16.15.050.
We recently purchased a 2.13 acre undeveloped property, (Franklin County parcel no. 118-101-057) in
the hopes of subdividing it into three smaller lots through the Short Plat administrative process. The
property is located along Road 96 approximately 1100 feet south of the intersection of Road 96 and
Balflour Dr. and the nearest public sewer connection point. We applied for the utility waiver through the
administrative review as we believed we satisfied the conditions stated in PMC 16.15.050(2) to allow for
the administrative approval of said waiver.
To reiterate, PMC 16.15.050-Waiver Authorized, is as follows:
The prerequisite requirements for a development permit stated in PMC 116.15.01 g may be waived by:
(1 A roval of the Ci Council b ma ·orit vote at any regular meeting or administrative
approval as contained in subsection 2 of this section, upon such forms as they shall deem
necessary to enable them to make specific findings of fact as to why a waiver should be granted.
All such waivers must be applied for in writing on a form or forms to be supplied by the City of
Pasco and all denials of such waiver shall also be in writing and state specific findings upon
which the denial is based. The grant of a waiver may be reasonably conditioned and any such
conditions shall be in writing, signed by the owner of the land, recorded and run with the land.
Such conditions may include but shall not be limited to the following:
(a)A specific period of exception;
(b)Required participation in future public sewer and/or water service extension by L. I. D. or other
means;
(c)The signing by the owner of the property of a hold harmless and/or indemnity agreement in
favor of the City of Pasco.
(2)Administrative approval of the City Manager or designee for waiver of sewer utility
connections provided the property for which the waiver is requested meets the following
conditions:
(a)Must be of adequate size, soil type, slope and other conditions to meet the Benton-Franklin
Health District requirements for on-site septic systems and replacement drain fields and must
receive final approval from the District for the on-site system;
(b)Must be greater than 200 feet from an existing municipal sewer service line or must be
dependent on the provision of future sewer infrastructure to receive sewer service -such as
additional line or treatment facility capacity, lift stations or similar components;
(c)Subject to those conditions contained in subsections� through� of this section; and
Page 1 of 3
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May 27, 2021
(d)The decision on the granting or denying of a sewer utility connection may be appealed to City
Council within 10 calendar days from the date of the decision. The appeal must be in wn'ting.
We believed we satisfied the conditions of (2)(a) through (2)(d), as follows:
(a)A short plat application for on-site sewage system with public water system was
submitted with the Benton Franklin Health District and was approved Nov. 30, 2020 for
using onsite sewage retention in conjunction with hooking on to city water for our desired
3-lot layout.
(b)The frontage of our property is located approximately 1100 feet away from the nearest
public sewer connection.
(c)Understand conditions of subsections (1)(a) through (1)(c) and are prepared to participate
in L.I.D.s, if required, to extend public sewer for the use and enjoyment of all over
neighboring properties benefitted and enjoying the use of said sewer extension by sharing
that cost amongst all of us.
(d)What we are doing now, in writing to you to appeal the denial of our utility waiver
application.
We do not feel that it is fair for the City to force us to extend public sewer a quarter mile to serve our 3 lot
subdivision while crossing 8 other properties (and even more potential subdivisions) to serve our property
while we feel we satisfy the code to apply for a utility waiver at this time.
We understand and completely agree to participate in sharing that cost with those neighbors when the
time presents itself but do not believe we should bear the full cost to build public improvements where our
needs and enjoyment can be, like our neighbors, satisfied by other means (ie. Use of APPROVED on-site
sewage retention systems)
Below are applicable polices from Pasco's Comprehensive Plan.
•LU-4-B Policy: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
•H-4-C Policy: Increase housing supply and diversity through appropriate and
flexible development standards
The single issue appears to be Pasco's continued insistence on extending sewer more than 1100 feet
which is cost prohibitive for a 3 lot short plat. The City of Pasco has failed to show what authority it has in
making a requirement for off-site improvements in its own development code. The City of Pasco appears
to have violated its own development standards by requiring extension and connection to services
beyond the thresholds established in PMC 13. 70.060. And finally the use of "Special Circumstances"
without a clear definition as applied by the City of Pasco appears to be arbitrary and capricious i_n its
application to this project.
Pasco Municipal Code Section 13.70.060
The owners of all new construction houses, buildings or properties used for human occupancy,
employment, recreation, or other purpose, situated within the City, are required at their expense
to connect to the proper public sewer in accordance with the provisions of this chapter; provided,
that the public sewer is within 200 feet of the property line and in accordance with Chapters
16.15 and 16.20 PMC. [Ord. 3702 § 2, 2004; Code 1970 § 13A.52.050.]
We believe that this denial I requirement for sewer extensions is similar to BENCHMARK LAND
COMPANY v. CITY OF BATTLE GROUND, in that the City of Pasco has failed to show an impact and a
solution proportional to the impact when requiring an off-site improvement while simultaneously ignoring
the septic approvals already granted this proposal by the Health Department.
Page 2 of 3
Page 159 of 166
May 27, 2021
The City of Pasco Comprehensive Sewer Plan does not appear to list the proposed project area in table
ES-1. We can find no plan, or improvement proposals covering the former unincorporated areas that our
property lies within. We do not believe that Pasco has adequately planned for or invested in sewer
infrastructure in our area and seems to be relying exclusively on the property owners. We should not be
made to bear disproportionate costs to mitigate existing deficiencies whne Pasco continue to annex other
areas of the UGA.
We appreciate your time in hearing our concerns and frustration with the Community and Economic
Development Department and hope that you grant the appeal and utility waiver through your authority
granted in PMC 16.15.050(1).
Thank you for your time,
Page 3 of 3
Page 160 of 166
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 161 of 166
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 162 of 166
• 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
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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 164 of 166
• 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 165 of 166
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
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