HomeMy WebLinkAbout2022.05.02 Council Meeting PacketAGENDA
City Council Regular Meeting
7:00 PM - Monday, May 2, 2022
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment) to
obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this meeting.
To listen to the meeting via phone, call (631) 992-3211 and use access code
613-585-088.
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.
6 - 19 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Regular Meeting
held on April 18, 2022 and, Special Meeting & Regular Workshop held
on April 25, 2022.
20 - 21 (b) Bills and Communications
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To approve claims in the total amount of $6,111,972.84 ($5,030,352.45
in Check Nos. 247947-248216; $153,140.35 in Electronic Transfer
Nos. 835152-835171, 835185-835199, 835202-835210, 835222-
835337, 835349-835418, 835420-835496, 835501-835537, 835541-
835560, 835564, 835601-835628; $14,874.94 in Check Nos. 53879-
53890; $913,605.10 in Electronic Transfer Nos. 3174180-30174724).
22 - 32 (c) Ordinance & Resolution - Budget Amendment & Argent Road
Phase 2 Bid Award
To adopt Ordinance No. 4588, amending the 2021-2022 Mid-Biennial
Budget (Ordinance No. 4560) 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 the Argent
Road Improvements Phase 2 project.
To approve Resolution No. 4172, awarding Bid No. 20011 for the
Argent Road Improvements, Phase 2 project, to Ellison Earthworks,
LLC. of Richland, Washington, and further, authorize the City Manager
to execute the contract documents.
33 - 42 (d) Resolution - Process Water Reuse Facility (PWRF) Phase 2
Amendment with RH2
To approve Resolution No. 4173, authorizing the City Manager to sign
and execute an Amendment for the Professional Services Agreement
PSA) with RH2 Engineering for the Process Water Reuse Facility
PWRF) Pretreatment Improvements Phase 2: Winter Storage
Capacity.
43 - 60 (e) Resolution - Intent to Form a Sewer Local Improvement District
LID) in the East UGA Area
To approve Resolution No. 4174, declaring its intent to order the
improvements of the East Urban Growth Area Expansion (Sewer
Mains from Road 68 to North Glade Road, Glade Road Lift Station,
Force Main, and Sewer Main to the existing gravity sewer system in
the Foster Wells Road/Industrial Way area) and to create a Local
Improvement District (LID) to assess the cost and expense of carrying
out those improvements against the property specially benefitted
thereby; notifying all persons who desire to object to the improvements
to appear and present their objections at a hearing before the City
Council to be held on May 23, 2022; and providing for other properly
related matters.
61 - 76 (f) Resolution - Setting a Public Hearing Date to consider the Barker
Ranch ROW Vacation (VAC 2022-002)
To approve Resolution No. 4175, setting 7:00 P.M., Monday, June 6,
2022 as the time and date to conduct a public hearing to consider
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vacating a 10-foot right-of-way for Burns Road established per Short
Plat 2020-22.
77 - 95 (g) Resolution - Bid Award for Fire Station No. 85 Street & Utilities
Work
To approve Resolution No. 4176, awarding the Fire Station No. 85 site
work with C & E Trenching LLC, and further, authorize the City
Manager to execute the contract documents.
RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
96 - 99 (a) Proclaiming May 2022 as "Asian American and Pacific Islander
Heritage Month"
Mayor Barajas will read the proclamation proclaiming May 2022 as,
Asian American and Pacific Islander Heritage Month" in Pasco,
Washington.
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 immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
100 - 108 (a) Public Meeting & Resolution - Accepting a Notice of Intent to
Commence Annexation Proceedings for Eickmeyer-Roundy
Annexation (ANX 2022-002)
MOTION: I move to approve Resolution No. 4177, accepting a notice
of intent to commence annexation proceedings for the the Eickmeyer-
Roundy annexation, providing a determination on the boundary to be
annexed, and whether simultaneous zoning and the assumption of
bonded indebtedness will be required.
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109 - 116 (b) Public Hearing and Ordinance - Vacating the North-South Alley of
Block 2, Kurtzman’s 1st Addition to Pasco (VAC 2022-001)
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4589, vacating the north-
south alley of Block 2 Kurtzman’s 1st Addition to Pasco; and further;
authorize publication by summary only.
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
117 - 158 (a) *Q Ordinance - Rezone; Columbia Riverwalk I-1 to C-1 (Z 2022-002)
MOTION: I move to adopt Ordinance No. 4590, approving a Rezoning
to Binding Site Plan No. 2008-03 from I-1 to C-1, and, further, authorize
publication by summary only.
159 - 162 (b) Resolution - Facts of Finding for Single Room Occupancy (SRO)
Housing Moratorium
MOTION: I move to approve Resolution No. 4178, adopting findings
relating to the moratorium prohibiting Single Room Occupancy (SRO)
Housing and conversion thereto in the City of Pasco pending study of
impacts and best development practices and policy.
163 - 170 (c) Resolution - Broadmoor Tax Increment Financing (TIF)
MOTION: I move to approve Resolution No. 4179, declaring Pasco
City Council's intent to form a Tax Increment Area in the Broadmoor
area.
171 - 192 (d) Purchase and Sale Agreement - City Purchase of Thunderbird
Motel
MOTION: I move to approve Resolution No. 4180, authorizing the
Purchase of property located at 414 West Columbia Street, Pasco,
WA, and further, authorize the City Manager to execute the closing
documents.
193 - 229 (e) Resolution - Drinking Water State Revolving Fund - Funding
Agreement for West Pasco Water Treatment Improvements Phase
2
MOTION: I move to approve Resolution No. 4181, authorizing
execution of a $9.75 million dollar loan agreement with the Washington
State Department of Health (WSDOH) for the West Pasco Water
Treatment Plant (WPWTP) Expansion Phase II project.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
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12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
a) Discussion with legal counsel about current or potential litigation
per RCW 42.30.110(1)(i)
14. ADJOURNMENT
15. ADDITIONAL NOTES
a) (RC) Roll Call Vote Required
Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
230 - 235 (b) Adopted 2020-2021 Council Goals (Reference Only)
c) REMINDERS
Thursday, May 5, 5:30 PM: Parks & Recreation Advisory
Board – P&R Classroom, Pasco City Hall
COUNCILMEMBER DAVID MILNE, Rep.;
COUNCILMEMBER PETE SERRANO, Alt.)
Monday, May 9, 11:45 AM: Pasco Chamber of Commerce
Membership Lunch Meeting – Pasco Red Lion Hotel
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.)
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AGENDA REPORT
FOR: City Council April 27, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Debra Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
04.18.2022 & 04.25.2022 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on April
18, 2022 and, Special Meeting & Regular Workshop held on April 25, 2022.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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MINUTES
City Council Regular Meeting
7:00 PM - Monday, April 18, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Pete
Serrano, Nikki Torres, David Milne, and Zahra Roach
Councilmembers absent: None
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager;
Colleen Chapin, Human Resources Director; Jeff Briggs, Assistant City Attorney;
Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director;
Ken Roske, Police Chief; Darcy Buckley, Finance Manager; Rick White, Community
Economic Development Director; Steve Worley, Public Works Director; and 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 Regular Meeting and Regular
Workshop held on April 4, 2022 and April 11, 2022.
Bills and Communications
To approve claims in the total amount of $3,438,405.67 ($2,263,169.50 in Check
Nos. 247669-247946; $107,180.07 in Electronic Transfer Nos. 835214-835221,
835342, 835348; $23,868.33 in Check Nos. 53864-53878; $1,026,465.18 in
Electronic Transfer Nos. 30173642-30174179; $17,722.59 in Electronic Transfer
Nos. 875; $538.36 in Electronic Transfer Nos. 161-163).
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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 $181,357.58 and, of that amount,
authorize $0.00 to be turned over for collection.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Torres, Councilmember Milne, and
Councilmember Roach
PROCLAMATIONS AND ACKNOWLEDGEMENTS
Recognizing the 110th Anniversary of the Pasco Chamber of Commerce
Mayor Barajas read the proclamation celebrating the 110th anniversary of the Pasco
Chamber of Commerce.
Executive Director of the Pasco Chamber of Commerce Executive Director Colin
Hastings accepted the proclamation and expressed appreciation for the
proclamation. He also highlighted a few of the Chamber's accomplishments during
the past 110 years.
VISITORS - OTHER THAN AGENDA ITEMS
Mr. Leo Morales, Pasco resident and owner of Havana Café, questioned the status of
his permit application, as well as the status of the public records request he submitted
in early April 2022.
Mr. Dwight Montgomery, Pasco resident, commented on the Lewis Street overpass
project, he stated that he purchased 15 acres off the highway to develop, and lastly, he
commented on the Aquatic Facility ballot issue and requested clarification on between
Aquatic Centers and Water Parks.
Mr. David Cortinez, Pasco resident and Latin Business Association (LBA ) member,
thanked Mr. Zabell and Mr. Gonzalez for their efforts in bringing the LBA and Downtown
Pasco Development Authority (DPDA) together to work collaboratively on the upcoming
Cinco de Mayo celebration. He then went on to express disappointment for the falling
out of the event's entertainment and that LBA and DPDA were no longer partnering on
the celebration.
Mr. Filipe, Pasco resident, commented on his contributions to the annual Cinco de Mayo
events in Pasco through his radio station up until six years ago when he moved his
event to Richland, WA. Mr. Filipe explained that he was going to return to Pasco this
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year; however, the arrangement changed and they are no longer participating in
Pasco's Cinco de Mayo event this year.
Mr. Thomas Granbois, DPDA Board Member, explained that the DPDA sent out Cinco
de Mayo packets to promoters, participants and sponsors some time ago and the DPDA
Board did not know that the LBA wanted to collaborate in this year's Cinco de Mayo
event.
Mayor Pro Tem Maloney asked for clarification of Council's role and authority related to
the DPDA.
Mr. Zabell explained that the DPDA is an independent agency and while the City
Council has influence on it, the only direct authority over it is making the appointments
to its Board of Directors.
Ms. Veronica Ramirez, downtown Pasco business owner, expressed support for the
LBA and asked Council to request that the DPDA keep their agreement with LBA for
the Cinco de Mayo event.
Mayor Barajas reiterated Mr. Zabell's comments in Spanish regarding the relationship
between City Council and DPDA.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Campos commented on the Ben Franklin Transit Board meeting he recently
attended and Mayor Pro Tem Maloney provided some additional comments
regarding that meeting.
Ms. Roach announced the Visit Tri-Cities was hosting the upcoming Travel Bloggers
Exchange (T-BEX) event scheduled in Tri-Cities during the week.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Continued Appeal Hearing - Findings of Fact and Ordinance approving Duarte
Rezone (APPL 2022-001 & Z 2021-017)
Mr. White provided a brief recap of the proposed rezone.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Torres
to adopt Ordinance No. 4586, rezoning property located near the northeast
corner of North 28th Avenue and West Ella Street from from RS -12 to R-1, and
further, authorize publication by summary only.
RESULT: Motion carried unanimously 7-0
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AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Torres, Councilmember Milne, and
Councilmember Roach
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Single Room Occupancy (SRO) Housing Moratorium
Mr. White provided a brief report on SRO housing, the recent moratorium placed on
SROs within Pasco and the need to conduct a public hearing during the meeting as
required by law.
Council and staff briefly discussed the purpose of the six-month moratorium.
Mayor Barajas declared the Public Hearing open to discuss the SRO housing
moratorium.
Mr. Thomas Granbois asked if any of the developers working on SROs currently in
the permitting process were available to provide a status of their projects.
Following three calls for comments, Mayor Barajas declared the Public Hearing
closed.
Mayor Pro Tem Maloney asked staff to reach out to SRO developers currently vested
during the Housing Capacity Plan to learn more about their future plans for SRO
housing.
Ordinance - Amending Pasco Municipal Code Related to Corner Lot Fencing
CA2021-009)
Mr. White provided a brief recap of the proposed amendments to the Pasco
Municipal Code (PMC) for corner lot fencing design and standards.
Mayor Barajas asked if there were any audience participants wish to speak at this
time to this topic.
Ms. Ashley Atkins, Pasco resident, stated fencing the issue in her situation was how
the adjacent property's influence dictates the height of her property's fence. She
asked that the PMC be amended differently for larger property lots.
Mr. Milne also advocated for additional language in the PMC to provide different
fencing standards for larger corner lot properties.
Mr. Miguel Cerda, Pasco resident, also requested that additional language in the
PMC to allow for higher fences for larger lot sizes for personal safety reasons.
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Mr. David Cortinez, Pasco resident, also expressed support for additional
amendments to the fencing regulations.
Council and staff continued discussing the proposed amendments to the PMC and
at the conclusion of the discussion, Council directed staff to review the proposed
amendments to the PMC and determine if an exception could be incorporated into
the corner lot fencing height for certain sized lots as long as it meets the safety
requirements for vehicles driving along the roadway and entering or existing the
roadway.
Resolution - Supporting Pasco Public Facilities District ballot proposition.
PROPOSITION 1
PASCO PUBLIC FACILITIES DISTRICT SALES AND USE TAX FOR AQUATICS
FACILITY AND COMPETITION POOL.
The Pasco Public Facilities District Board of Directors adopted Resolution No.
2022-02 concerning construction and operation of an Aquatics Facility and
Competition Pool. This proposition would authorize the District to impose a
sales and use tax increase of 2/10ths of 1% in accordance with RCW 82.14.048,
for the purpose of paying the costs associated with financing, refinancing,
design, acquisition, construction, equipping, operating, maintaining,
remodeling, repairing, and reequipping of an indoor/outdoor aquatic center
and competition pool.
SHOULD THIS PROPOSITION BE APPROVED? Yes ________ No ________
Mr. Ratkai and Mr. Zabell provided a brief explanation of the proposed resolution of
support for the Pasco Public Facilities District (PPFD) current ballot measure before
the voters. He noted that three Councilmembers requested this resolution be place
on the agenda.
Mayor Pro Tem Maloney provided a brief history of the PPFD efforts for bringing the
Ballot Proposition No. 1 for an Aquatic Facility and Completion Pool to their voters
and expressed support for this ballot measure.
Mr. Briggs explained that the PPFD is a separate the legal entity, similar to the
Downtown Pasco Development Authority.
Mr. Serrano expressed opposition to the Aquatic Facility as it is not the right project
for the proposed cost. He asked if the resolution is approved that the verbiage
change to "a majority of Council" from the "Council as a collective" within the
resolutuion.
Mr. Campos expressed support for the resolution.
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Mr. Milne expressed opposition to the project due to the increase in sales and use
tax from 8.7% to 8.9% if it is passed.
Mr. Montgomery, Pasco resident, expressed opposition to the Aquatic Facility ballot
measure.
Mr. Maloney responded to Mr. Montgomery's comments.
Mr. David Cortinez, Pasco resident, expressed opposition to the Aquatic Facility and
Competition Pool ballot measure.
Mr. Thomas Granbois, Pasco resident, expressed support for for the Aquatic Facility
and Competition Pool ballot measure.
Mayor Barajas expressed support for the resolution supporting the PPFD ballot
measure.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to approve Resolution No. 4169, in support of passage of Ballot
Proposition No. 1 imposing a 2/10ths of 1% sales and use tax for the purpose of
funding an aquatic center to be constructed, operated and maintained by the
Pasco Public Facilities District striking the word "collectively" in first sentence
after the "Now Therefore, Be it Resolved by the City Council of the City of Pasco
as follows statement.
RESULT: Motion carried 5-2
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Torres, and
Councilmember Roach
NAYS: Councilmember Serrano and Councilmember Milne
Resolution - Project Acceptance for the Road 36 Lift Station Project
Mr. Worley introduced Construction Manager Kent McCue who provided a brief
summary of the completed construction project for the Road 36 Lift Station.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve Resolution No. 4170, accepting work performed by POW
Contracting under contract for the Road 36 Lift Station project.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Torres, Councilmember Milne, and
Councilmember Roach
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MISCELLANEOUS DISCUSSION
Mr. Ratkai reported on the upcoming T-BEX Conference and stated that the closing
night event will be held in Peanuts Park on Thursday, April 21, 2022. He also
commented on Pasco Jaycee's Drive-Thru Easter Egg Hunt event held on Saturday
morning, April 16th.
Ms. Roach expressed appreciation for the Easter Egg Hunt, noting that her children
really appreciated receiving books.
Mayor Pro Tem Maloney commented on a potential kidnapping that occurred over the
weekend in Pasco and he encouraged everyone to contact the Pasco Police
Department if they witness suspicious activities.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:55 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
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MINUTES
City Council Special Meeting
7:00 PM - Monday, April 25, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Temporary Chair Zahra Roach.
ROLL CALL
Councilmembers present: Craig Maloney, Joseph Campos, Pete Serrano, David
Milne, Nikki Torres, and Zahra Roach
Councilmembers absent: Blanche Barajas
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; Darcy Buckley Finance Manager; Rick White, Community &
Economic Development Director; Steve Worley, Public Works Director; and Debby
Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
NOMINATION OF MEETING CHAIR
Mr. Zabell explained that Mayor Barajas was excused from the meeting, and while
Mayor Pro Tem Maloney was attending the meeting remotely, he would be unable to
chair the meeting. Therefore, Council would need to appoint a Chair to run the Special
Meeting.
Mr. Campos nominated Mr. Serrano to Chair the meeting; seconded by Ms. Roach.
Council unanimously appointed Mr. Serrano to chair Council's Special meeting.
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NEW BUSINESS
Public Meeting & Resolution - Setting a Date to Consider a Notice of Intent to
Commence Annexation Proceedings for Eickmeyer-Roundy Annexation (ANX
2022-002)
Mr. White provided a brief report on two requests received to annex property into the
City of Pasco and the next steps to proceed with this annexation.
Ms. Roach asked for clarification on the blue lines depicted in the map of the
proposed annexation and Mr. White explained the blue lines meant represent the
Urban Growth Area boundary.
MOTION: Councilmember Campos moved, seconded by Councilmember Torres
to approve Resolution No. 4171, setting 7:00 PM, May 2, 2022, as the time and
date for a public meeting to consider a notice of intent to commence annexation
proceedings for the Eickmeyer-Roundy annexation.
RESULT: Motion carried unanimously 6-0
AYES: Councilmember Campos, Councilmember Torres, Mayor
Pro Tem Maloney, Councilmember Serrano,
Councilmember Milne, and Councilmember Roach
ABSENT: Mayor Barajas
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:13 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
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MINUTES
City Council Workshop Meeting
7:15 PM - Monday, April 25, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:13 PM by Temporary Chair Serrano.
ROLL CALL
Councilmembers present: Craig Maloney, Joseph Campos, Pete Serrano, David
Milne, Zahra Roach, and Nikki Torres
Councilmembers absent: Blanche Barajas
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; Darcy Buckley, Finance Manager; Rick White, Community &
Economic Development Director; Steve Worley, Public Works Director; and Debby
Barham, City Clerk.
NOMINATION FOR CHAIR OF MEETING
Mr. Zabell explained that Mayor Barajas was excused from the meeting, and while
Mayor Pro Tem Maloney was attending the meeting remotely, he would be unable to
chair the meeting. Therefore, Council would need to appoint a Chair to run the Special
Meeting.
Ms. Torres nominated Mr. Serrano to Chair the Council's Workshop Meeting; seconded
by Mr. Campos. Council appointed Mr. Serrano as the Chair for the Workshop Meeting.
VERBAL REPORTS FROM COUNCILMEMBERS
Ms. Roach commented on the recent Travel Bloggers Exchange (T-BEX) event hosted
at Peanuts Park on Thursday, April 21, 2022.
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Mr. Campos commented on a letter Council received regarding potential traffic
concerns at the intersection of Highway 12 and A Street, as well as the Good Roads
meeting he recently attended.
Ms. Torres commented on the Downtown Pasco Development Authority (DPDA)
meeting she recently attended and announced the upcoming Cinco de Mayo
celebration scheduled for May 4-8, 2022 in downtown Pasco.
Mr. Serrano commented on the Tri-Cities Men's Expo he and his children recently
attended at the HAPO Center.
Ms. Roach announced the Fourth Annual Cultural Night is scheduled on Wednesday,
May 4, 2022.
ITEMS FOR DISCUSSION
2022 Washington State Legislative Session Update
Ms. Briahna Murray, Vice President Gordon Thomas Honeywell Governmental
Affairs (GTH) provided a brief report on the recent Washington State Legislative
Session which ended in March 2022.
Mayor Pro Tem Maloney reminded Council that he was appointed to the AWC
Legislative Affairs Committee and suggested that he be notified of any legislative
actions so that he can help move those items forward through that committee.
Broadmoor Tax Increment Financing (TIF) Presentation
Mr. Zabell introduced Bob Stowe, of Stowe Development & Strategies and Briahna
Murray with GTH. They provided a presentation of the Washington State Tax
Increment Financing (TIF). Mr. Stowe introduced a draft resolution that will declare
Council’s intent to form a Tax Increment Area for the Broadmoor Site.
Council, Mr. Stowe and Mr. Zabell continued discussing different aspects of the TIF
option for the City of Pasco and at the conclusion, staff noted that a request to
approve a resolution will come back to Council at the May 2, 2022 business meeting.
Regional Wayfinding and Gateway Project
Senior Management Analyst Angela Pashon, the Project Manager for the City
wayfinding and gateway project, and Engineer II Jacob Sevigny provided a brief
update on the current wayfinding and gateway project.
Council briefly commented on the newly designed gateway signs and placement of
those signs.
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RECESS
Chair Serrano declared a five-minute recess at 8:31 PM. The Workshop Meeting
reconvened at 8:36 PM.
Resolution - Intent to Form a Sewer Local Improvement District (LID) in the
East UGA Area
Mr. Worley introduced CIP Manager Maria Serra who provided a brief report on the
City's intent to form a Local Improvement District (LID) for a sewer system located in
the east Urban Growth Area. Ms. Serra introduced Brian Withers with RH2
Engineering, the City's consultant who provided the cost analysis for the proposed
LID, as well as the next steps for forming the LID for the purpose of sewer
improvements.
Council and staff briefly discussed the proposed Sewer LID and at the conclusion of
the discussion, staff stated that this item will be brought back to Council at their May
2, 2022 Business Meeting for action to start the LID process.
Resolution - Bid Award for Fire Station No. 85 Street & Utilities Work
Fire Chief Gear provided a brief overview of the proposed street and utilities work
associated with the development of the future Fire Station No. 85. He noted that this
item will be brought back to the May 2, 2022 Business Meeting for final approval.
Resolution - Process Water Reuse Facility (PWRF) Phase 2 Amendment with
RH2
Ms. Serra provided a brief report on the proposed amendment to the Professional
Services Agreement (PSA) with RH2 for additional work for Phase 2 of the Process
Water Reuse Facility (PWRF) project.
Council and staff held a brief question and answer period for the proposed
amendment to the PSA for the Phase 2 PWRF project. Ms. Serra noted that a
resolution approving the amendment to the PSA will be brought back to Council at
the May 2, 2022 Business Meeting for final action.
Ordinance & Resolution - Budget Amendment & Argent Road Phase 2 Bid
Award
Ms. Serra provided a brief report on the proposed bid award for the Argent Road
Phase 2 project and needed budget amendment to fund Phase 2 of the three (3)
phase project.
Council briefly commented on the project. Ms. Serra noted that this item will be
brought back to Council at the May 2, 2022 Business Meeting for final action.
Page 3 of4Page18of235
Discussion of Barker Ranch Right-of-Way Vacation (VAC 2022-002)
Mr. White provided a brief report on the proposed request for a right-of-way vacation
along a portion of Burns Road and the next steps involved in this process.
MISCELLANEOUS COUNCIL DISCUSSION
Ms. Roach, Ms. Torres and Mr. Serrano stated that they visited the property asking for
an exemption to the corner fence design noting that each Councilmember visited the
property at separate times.
Mr. Maloney commented Highway 12, A Street and the Tank Farm Road and the impact
the current commercial development to east Pasco residential areas.
Council and staff continued discussing the transportation issues along the Highway 12,
A Street and the Tank Farm Road.
Mr. Zabell stated that if the full Council desires a presentation on this topic, then staff
will need to have some time to prepare a comprehensive presentation of the east area
Transportation Improvement Plan (TIP) at the second Council Workshop in May 2022.
EXECUTIVE SESSION
Council adjourned into Executive Session at 9:22 PM for 15 minutes to consider site
selection or acquisition of real estate purchase or lease if likelihood that disclosure
would increase price per RCW 42.30.110(1)(b) and to consider of the minimum
offering price for sale or lease of real estate if there’s a likelihood that disclosure
would decrease the price per RCW 42.30.110(1)(c) with the City Manager, Deputy
City Manage, City Attorney and Administrative and Community Services Director.
Mr. Zabell stated that the Executive Session will focus on the use of property, timing
of development, and price of the property.
Chair Serrano called the meeting back to order at 9:36 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:36 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 4 of4Page19of235
AGENDA REPORT
FOR: City Council April 28, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 05.02.22
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $6,111,972.84 ($5,030,352.45 in Check
Nos. 247947-248216; $153,140.35 in Electronic Transfer Nos. 835152-835171,
835185-835199, 835202-835210, 835222-835337, 835349-835418, 835420-
835496, 835501-835537, 835541-835560, 835564, 835601-835628;
14,874.94 in Check Nos. 53879-53890; $913,605.10 in Electronic Transfer
Nos. 3174180-30174724).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 20 of 235
REPORTING PERIOD:
May 2, 2022
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 247947-248216 53879-53890
Total Check Amount $5,030,352.45 $14,874.94 Total Checks 5,045,227.39$
Electronic Transfer Numbers 835152-835171 30174180-30174724
835185-835199
835202-835210
835222-835337
835349-835418
835420-835496
835501-835537
835541-835560
835564
835601-835628
Total EFT Amount $153,140.35 $913,605.10 $0.00 Total EFTs 1,066,745.45$
Grand Total 6,111,972.84$
Councilmember
806,078.28
36,104.84
119.66
310.01
1,934.89
28,617.80
16,678.69
3,733.06
1,018.57
1,560.99
494.57
31,614.72
11,081.00
13,541.67
16,000.54
733.16
HOTEL/MOTEL EXCISE TAX 12,872.99
0.00
2,614,228.64
1,451,645.25
16,553.86
50,422.15
3,635.64
992,991.86
GRAND TOTAL ALL FUNDS:6,111,972.84$
The City Council
April 14 - April 27, 2022
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
2nd day of May, 2022 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
PAYROLL CLEARING
MEDICAL/DENTAL INSURANCE
FLEX
Page 21 of 235
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Ordinance & Resolution - Budget Amendment & Argent Road Phase 2
Bid Award
I. REFERENCE(S):
Ordinance
Resolution
Bid Tabs
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, amending the 2021-2022 Mid-
Biennial Budget (Ordinance No. 4560) OF the City of Pasco, Washington, by
providing supplement thereto; to provide additional appropriation in the City's
General RoadArgenttheoffortheFundConstructionconstruction
Improvements Phase 2 project.
MOTION: I move to approve Resolution No. _______, awarding Bid No. 20011
for the Argent Road Improvements, Phase 2 project, to Ellison Earthworks, LLC.
of Richland, Washington, and further, authorize the City Manager to execute the
contract documents.
III. FISCAL IMPACT:
Proposed Bid Award: $864,306.61
Total Estimated Project Cost: $1,240,000
Funding Sources:
Stakeholder contribution - Port of Pasco $ 310,000
Stakeholder contribution - CBC $ 248,000
City REET Fund (proposed budget amendment) $ 682,000
Total $1,240,000
Page 22 of 235
IV. HISTORY AND FACTS BRIEF:
The City, along with its partners, Columbia Basin College (CBC) and the Port of
Pasco (Port), have coordinated on the improvements to Argent Road since 2013.
The intent is to provide street improvements that will promote multi-modal travel
and managed access to adjacent CBC and Port properties in a safe and efficient
manner.
Argent Road is the main corridor for access to two regionally significant facilities:
the Tri-Cities Airport and the Columbia Basin College (CBC). Due to abundant
residential development in Pasco, coupled with recent and planned growth in
adjacent industrial, commercial, port, and institutional land along Argent Road,
roadway improvements were determined to be necessary.
The Argent Road Widening Project extends from 20th Avenue to Road 36, and
has been divided into three phases:
Argent Road Widening - Phase 1 (20th Ave to Saraceno Way) is currently
in construction, nearing completion.
ImprovementsRoadArgent - 2Phase willIntersection) 36 (Road
construct signalized intersection improvements that will improve safety at
Argent Road and Road 36.
Argent Road Widening - Phase 3 (Saraceno Way to Road 36) is currently
at 60% design with right-of-way acquisition processes underway. Phase
3 is funded with a federal grant and construction is anticipated in 2023.
The Phase 2 project has been prioritized for immediate construction due to
safety concerns identified in both the 2020 and 2022 Local Road Safety Plans.
This concern is based on the number of crashes and their severity at this
intersection.
The project scope includes the installation of:
A new traffic signal at the Argent Road and Road 36 intersection
New streetlights
Pedestrian improvements including ADA ramps, sidewalk, and a multi-
use pathway
Stormwater improvements
The relocation of a 6” irrigation line serving the Sun Meadows golf course
V. DISCUSSION:
The project was advertised for bids on March 4, 2022. On March 24, 2022, bids
were publicly opened. A total of five (5) bids were received.
Page 23 of 235
The LLC. Earthworks, Ellisonis ofresponsiveresponsible, lowest bidder
Richland, WA in the amount of $864,306.61. The Engineer's Estimate is
1,115,682.40.
Based on the bids received, the project is anticipated to exceed current funding
allocated to the project. A budget amendment is proposed at this time to cover all
anticipated construction costs (including const andructionmanagement
contingency).
The increased construction cost for this project can be attributed to increases in
material prices, supply chain issues, and the time elapsed since the origination
of the Argent Road project. Stakeholder funding from the Port and CBC was
allocated through the different phases of the project and a federal grant was
sought and secured for the third phase.
Due to increased costs in Phase 1, necessary funds were reallocated from future
phases project to cover the cost of the Phase 1 project. This allowed construction
of the Phase 1 project to commence in 2021.
Funds reallocation as shown below:
Original 2021-2022 Budget
PHASE 1 PHASE 2 PHASE 3
20th Ave
to
Saraceno
Way
Road 36
Intersection
Saraceno
Way to
Road 36
Total per
fund
Unallocated
Future
Funds
CBC $800,000 $435,000 - 1,235,000 $15,000
PORT $716,438 $435,000 $92,000 1,243,438 $256,562
LOCAL $85,442 - $484,097 $569,539 -
GRANT - - $428,000 $428,000 $3,460,175
TOTAL $1,604,880 $870,000 1,004,097 3,475,977
Proposed 2021-2022 Budget:
PHASE 1 PHASE 2 PHASE 3
20th Ave
to
Saraceno
Road 36
Intersection
Saraceno
Way to
Road 36
Total per
fund
Unallocated
Future
Funds
CBC $940,000 $310,000 - 1,250,000
Page 24 of 235
PORT 1,252,000 $248,000 - 1,500,000
LOCAL $85,442 $682,000 $484,097 1,251,539 $122,728
GRANT - - $428,000 $428,000 $3,460,175
TOTAL 2,277,442 $1,240,000 $912,097 4,429,539
This resulted in Phase 2 receiving a smaller amount of stakeholder funding along
with unfavorable market conditions.
The Engineer of Record and City Staff completed the review of the bid submittal
and found no exemptions or irregularities.
This item was discussed at the April 25, 2022, Council Workshop Meeting. Staff
recommends award of the contract to Ellison Earthworks, LLC. of Richland, WA.
Page 25 of 235
Ordinance – 2021-2022 Capital Project Budget Amendment
21 229 Argent Road Improvements, Phase 2 Project - 1
ORDINANCE NO. ____
AN ORDINANCE AMENDING THE 2021-2022 MID-BIENNIAL
BUDGET (ORDINANCE NO. 4560) 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 THE ARGENT
ROAD IMPROVEMENTS PHASE 2 PROJECT.
WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4503,
adopting the 2021-2022 Biennial Budget; and
WHEREAS, on November 22, 2021, the Pasco City Council approved Ordinance No.
4560, adopting the 2021-2022 Mid-Biennium Budget Adjustment amending the 2021-2022
Biennial Budget; and
WHEREAS, the 2021-2022 Mid-Biennial Budget includes the Argent Road
Improvements Phase 2 project; and
WHEREAS, the City is in receipt of a funding contribution of $1.5 Million from the Port
of Pasco for the Argent Road Improvements Projects (Phases 1, 2 and 3); and
WHEREAS, the City is in receipt of a funding contribution of $1.5 Million from
Columbia Basin College for the Argent Road Improvements Projects (Phases 1, 2 and 3); and
WHEREAS, the Argent Road Improvements Phase 2 project has a remaining budget
allocation of $558,000 from stakeholder contributions after monies have been reallocated to fully
fund Phase 1 of the project which advanced into construction in 2021; and
WHEREAS, current project costs exceed the original anticipated costs for the project, due
to market conditions and the time elapsed since creation of the project; and
WHEREAS, the City is pursuing an increase of funds to cover construction costs
anticipated to be expended in 2022; and
WHEREAS, such funds are available in the Capital Improvement (REET) Fund with a
total fund balance of $12,190,765 of which $682,000 of this fund is available for use in the General
Construction Fund; and
WHEREAS, the City Council finds that such interfund transfer pursuant to 35A.34.200(3)
is in the best interest of the City of Pasco as it ensures successful and timely completion of a
necessary Capital Improvement Project.
Page 26 of 235
Ordinance – 2021-2022 Capital Project Budget Amendment
21 229 Argent Road Improvements, Phase 2 Project - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200(3), the 2021-2022 Mid-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
GENERAL CONSTRUCTION FUND 682,000 682,000
CAPITAL IMPROVEMENT (REET) Fund 682,000
Total 1,364,000 682,000
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.
Section 3. Except as amended herein, Ordinance No. 4560 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.
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: ___________________________
Page 27 of 235
Resolution – Bid Award for the Argent Road Improvements, Phase 2 Project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AWARDING BID NO. 20011 FOR THE ARGENT ROAD
IMPROVEMENTS, PHASE 2 PROJECT, TO ELLISON EARTHWORKS, LLC
OF RICHLAND, WASHINGTON, AND FURTHER AUTHORIZE THE CITY
MANAGER TO EXECUTE THE CONTRACT DOCUMENTS.
WHEREAS, the City of Pasco has an identified capital improvement public works project
described as the Argent Road Improvements, Phase 2, hereinafter “the project”; and
WHEREAS, the project includes all materials equipment and labor for the installation of
a traffic signal system, illumination system, HMA, planning, curb, gutter, sidewalk, roadway
reconstruction, and irrigation improvements; and
WHEREAS, the City solicited sealed public bids for the project; and
WHEREAS, on March 24, 2022, at 2:00 p.m., five (5) bids were received and opened by
the City; and
WHEREAS, the lowest responsive bidder was Ellison Earthworks, LLC. with a bid of
864,306.61, the Engineer’s Estimate was $1,115,682.40; and
WHEREAS, the bid documentation was reviewed and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the project to Ellison Earthworks, LLC. of Richland,
Washington, in the amount of $864,306.61, including Washington State Sales Tax, which will
undergo minor changes due to the new tax increase being implemented on April 1, 2022; and
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 28 of 235
Resolution – Bid Award for the Argent Road Improvements, Phase 2 Project - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of May, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 29 of 235
Bid Tabulations - Argent Road
SCHEDULE B: WATERItem No.
CITY OF PASCO1SHEET NO:
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Process Water Reuse Facility (PWRF) Phase 2 Amendment
with RH2
I. REFERENCE(S):
Resolution
Amendment No. 1 to PSA
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ________, authorizing the City
Manager to sign and execute an Amendment for the Professional Services
Agreement (PSA) with RH2 Engineering for the Process Water Reuse Facility
PWRF) Pretreatment Improvements Phase 2: Winter Storage Capacity.
III. FISCAL IMPACT:
Original PSA $422,542.00
Amendment No. 1 (proposed) $267,625.00
Total Project Cost $690,167.00
Funded 100% by low-interest pre-construction loans from the WA Public Works
Board and the WA Department of Ecology. Debt serviced by the processors.
IV. HISTORY AND FACTS BRIEF:
On August 10, 2021, the City entered into a PSA with RH2 Engineering, Inc.,
RH2) to design approximately 200 million gallons (MG) of additional winter
storage ponds at the PWRF. This estimated volume was needed to store
process water during the winter months when irrigation of the city-owned crop
circles is not permitted. This volume was consistent with information available at
the time and based on planning level assumptions derived from the PWRF
Facility Plan.
Page 33 of 235
As the project progressed, the estimated amount of winter storage needed
increased to accommodate Processor’s desired future growth and new
processors. The total estimated winter storage increased to a maximum of 729
MG. This volume is based on projected flows for existing and future Processors.
Storage volume needs will continue to be evaluated as additional operational
information from each Processor becomes more refined.
Through preliminary design, it was determined that the increased winter storage
volumes would no longer fit on the undeveloped 40 -acre portion of City-owned
PWRF parcel. Additional land acquisition alternatives were explored and the
opportunity to acquire United States Bureau of Reclamation (USBR) land
immediately adjacent to the north and south of the PWRF parcel became an
attractive option. Through coordination with USBR staff, three (3) parcels have
been identified and applications have been submitted for acquisition of a total of
240 acres.
The original PSA scope of work accounted for this winter storage pond project
would be funded with state dollars, and therefore, subject to review under the
State Environmental Policy Act (SEPA). With acquisition of the USBR parcels,
the project is now subject to review under the National Environmental Policy Act
NEPA). The NEPA process requires a federal Environmental Assessment (EA)
including cultural and biological surveys of each USBR property.
This higher level of environmental review was not anticipated in RH2’s original
scope of work for this project. And while the federal NEPA process is more
onerous, efficiencies can be achieved by performing the required environmental
work on all three USBR parcels at the same time. Another positive aspect of this
acquisition is the more efficient procedures for interagency ownership transfer
which will expedite the process.
In addition, to support a design that will be consistent with required Department
of includesamendmentproposedtheEcologySafety’sDam guidelines,
additional geotechnical exploration of the USBR parcels. While preliminary
estimated winter storage needs may only require part of the 240 acres being
evaluated, this proposal for additional environmental review and geotechnical
exploration is strategic for ensuring all future Processor needs can be met and
the current project can move forward.
V. DISCUSSION:
The proposed PSA amendment captures the increased scope of work for the
additional services as described below:
Cultural review scope expanded from 40 acres to 280 acres.
Page 34 of 235
Survey work expanded from 80 acres of topographic data only, to 320
acres of boundary and topographic surveying.
Biological assessments increased from State requirements (SEPA) for 40
acres to federal requirements (NEPA, including Environmental. Justice,
Biological Assessment) for 320 acres.
Includes drafting NEPA documents for USBR review to expedite the
process for acquisition of land to meet the project timeline.
Added coordination with USBR.
Increased Dam Safety review/permitting services for 200 MG of storage
on one parcel, to 729 MG of storage in three parcels.
Geotechnical borings increased from 3 originally proposed to 8 plus
additional test pits to ensure appropriate characterization of USBR soils.
This item was discussed at the April 25, 2022, Council Worksop meeting. Staff
recommends approval for the Amendment to the PSA with RH2 Engineering for
the Process Water Reuse Facility (PWRF) Pretreatment Improvements Phase
2: Winter Storage project in the amount of $267,625.00.
Page 35 of 235
Resolution - PWRF Phase 2 Amendment w/ RH2 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AN
AMENDMENT FOR THE PROFESSIONAL SERVICES AGREEMENT WITH
RH2 ENGINEERING FOR THE PROCESS WATER REUSE FACILITY
PRETREATMENT IMPROVEMENTS PHASE 2: WINTER STORAGE
CAPACITY.
WHEREAS, the City and RH2 Engineering entered into a Professional Services
Agreement on August 10, 2021 to provide Engineering services with respect to the Process Water
Reuse Facility (PWRF) Improvements project; and
WHEREAS as the Phase 1 project progressed, RH2 Engineering and City Staff identified
additional need for winter storage capacity; and
WHEREAS, Consultant and City have identified a total winter storage need of up to 670
million gallons which represents 470 million gallons of additional storage from the previous
estimate of 200 million gallons; and
WHEREAS, the City and RH2 Engineering desire to enter into an Amendment to the
Professional Services Agreement in order to carry out the intent of providing sufficient winter
storage capacity for the City’s PWRF.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That this agreement is amended to allow RH2 Engineering to provide additional design
and right-of-way services a (scope & fee) as described within Exhibit A.
Be It Further Resolved that 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; and to make minor substantive changes as necessary to execute the Agreement.
Page 36 of 235
Resolution - PWRF Phase 2 Amendment w/ RH2 - 2
PASSED by the City Council of the City of Pasco, Washington this __ day of ________,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 37 of 235
Amendment No. 1 to Professional Services Agreement Page 1
RH2 Engineering, Inc.
Process Water Reuse Facility Pretreatment Improvements – Phase 2: Winter Storage
AMENDMENT NUMBER 1 to
PROFESSIONAL SERVICES AGREEMENT
Process Water Reuse Facility Pretreatment Improvements – Phase 2: Winter Storage
Project No. 21298
AGREEMENT NO. 21-039
WHEREAS, the City and RH2 Engineering, Inc., entered into a Professional Services
Agreement on 8/10/2021 to provide engineering services with respect to the Process Water
Reuse Facility (PWRF) Improvements project.
WHEREAS as the Phase 2 project progressed RH2 Engineering and City Staff have
identified an additional need for winter storage capacity; and
WHEREAS, Consultant and City have identified a total winter storage need of up to 670
million gallons which represents 470 million gallons of additional storage from the previous
estimate of 200 million gallons; and
WHEREAS, in order to carry out the intent of providing sufficient winter storage
capacity for the Cities PWRF the current Agreement needs to be modified to account for this
necessary additional capacity identified during Phase 2; and
NOW, THEREFORE, this agreement is amended to allow RH2 Engineering, Inc., to
provide additional professional engineering services as described in Exhibit A
1. Scope of Work:
See Exhibit A.
2. Fee:
The compensation for the additional work is based on a Time & Materials Basis of
267,625.00, increasing the overall total authorization amount to $690,167.00
3. Time of performance:
The services shall be complete for the project on or before 12/31/2024.
DATED THIS _______ DAY OF ________, 2022.
CITY OF PASCO: CONSULTANT
City of Pasco RH2 Engineering, Inc.
Dave Zabell – City Manager Paul Cross, PE – Principal
Page 38 of 235
1
Scope of Work
Amendment No. 1
City of Pasco
Process Water Reuse Facility (PWRF) Improvements
Winter Storage
March 2022
Background
The City of Pasco (City) previously contracted with RH2 Engineering, Inc., (RH2) to design
approximately 200 million gallons (MG) of winter storage for the PWRF for winter process water. As
the project has progressed, the total winter storage needs have increased to as much as 670 MG and
have required the acquisition of an additional 240 acres of property from the US Bureau of
Reclamation (Reclamation).
These requested changes have been assimilated into RH2’s design budget, but significantly larger
roles for subconsultants have been required as indicated in the following subtasks.
Task 2 – Subsurface Investigation
Objective: Perform subsurface investigations and add additional dam safety expertise to the team
necessary to address the significant increase in winter storage and embankment design.
Approach:
2.6 Subcontract with Shannon & Wilson, Inc., to perform geotechnical review of additional
drilling and advise the design team on embankment design, side slopes, and geotechnical
protection.
2.7 Increase the number of geotechnical drilling cores necessary for the increased storage
volume.
Assumptions:
Eight (8) additional borings are proposed for the site.
No groundwater observations wells will be installed.
Dam failure analysis is not included in this Scope of Work.
RH2 Deliverables:
Geotechnical Engineering Report in electronic PDF.
Laboratory testing.
EXHIBIT A
Page 39 of 235
City of Pasco Exhibit A – Scope of Work
PWRF Improvements – Winter Storage Amendment No. 1
2
Task 3 – Supplemental Survey Information
Objective: Provide boundary and topographic surveys of the additional 240 acres of property to be
acquired from Reclamation.
Approach:
3.4 Provide boundary and topographic surveys of 240 acres of Reclamation property in the
vicinity of the PWRF facility.
Assumptions:
The additional fee required for this work is being offset by other survey costs that have been
avoided as the contract has evolved in concert with the Phase 1 contract.
RH2 Deliverables:
Property and topographic surveys in AutoCAD and electronic PDF.
Task 4 – Permitting Assistance
Objective: Provide additional cultural review and environmental support assistance for the
Washington State Department of Ecology (Ecology) and Reclamation as required by the funding and
property acquisition requirements.
Approach:
4.5 Perform a cultural review and survey of up to 240 acres of additional Reclamation land and
prepare reports meeting Reclamation environmental requirements.
4.6 Assist the City with State Environmental Review Process (SERP) and National Fire Protection
Association (NEPA) reporting requirements meeting Reclamation and Ecology requirements
for the property acquisitions and funding.
Assumptions:
No archaeological artifacts of significance or historic structures will be found on the sites.
Biological assessments for burrowing owls and monarch butterfly species of interest will be
performed but no findings are anticipated.
No additional mitigation efforts are included in this Scope of Work.
RH2 Deliverables:
Draft purpose and need chapters for Reclamation use in the environmental assessment in
electronic PDF.
Cross cutting documents for Ecology requirements in electronic PDF.
Page 40 of 235
EXHIBIT B
Fee Estimate
Amendment No. 1
City of Pasco
PWRF Improvements - Winter Storage
Mar-22
Description
Total
Hours
Total Labor Total Subconsultant Total Expense Total Cost
Task 2 Subsurface Investigation --$ 186,185$ -$ 186,185$
2.6 Subcontract to perform additional geotechnical review --$ 151,685$ -$ 151,685$
2.7 Increase drilling cores necessary for increased storage --$ 34,500$ -$ 34,500$
Task 3 Supplemental Survey Information --$ -$ -$ $0.00
3.4 Provide additional survey for Reclamation 240 acres (no cost change)--$ -$ -$ $0.00
Task 4 Permitting Assistance 130 22,430$ 56,390$ 2,620$ 81,440$
4.5 Perform cultural review and survey of Reclamation acres --$ 56,390$ -$ 56,390$
4.6 Assist with SERP and NEPA report assistance 130 22,430$ -$ 2,620$ 25,050$
PROJECT TOTAL 130 22,430$ 242,575$ 2,620$ 267,625$
Page 41 of 235
RATE LIST RATE UNIT
Professional I $150 $/hr
Professional II $164 $/hr
Professional III $177 $/hr
Professional IV $195 $/hr
Professional V $207 $/hr
Professional VI $224 $/hr
Professional VII $236 $/hr
Professional VIII $246 $/hr
Professional IX $246 $/hr
Control Specialist I $136 $/hr
Control Specialist II $147 $/hr
Control Specialist III $161 $/hr
Control Specialist IV $177 $/hr
Control Specialist V $187 $/hr
Control Specialist VI $200 $/hr
Control Specialist VII $213 $/hr
Control Specialist VIII $224 $/hr
Technician I $113 $/hr
Technician II $124 $/hr
Technician III $142 $/hr
Technician IV $152 $/hr
Technician V $167 $/hr
Technician VI $183 $/hr
Technician VII $198 $/hr
Technician VIII $207 $/hr
Administrative I $75 $/hr
Administrative II $88 $/hr
Administrative III $103 $/hr
Administrative IV $123 $/hr
Administrative V $145 $/hr
CAD/GIS System $27.50 $/hr
CAD Plots - Half Size $2.50 price per plot
CAD Plots - Full Size $10.00 price per plot
CAD Plots - Large $25.00 price per plot
Copies (bw) 8.5" X 11"$0.09 price per copy
Copies (bw) 8.5" X 14"$0.14 price per copy
Copies (bw) 11" X 17"$0.20 price per copy
Copies (color) 8.5" X 11"$0.90 price per copy
Copies (color) 8.5" X 14"$1.20 price per copy
Copies (color) 11" X 17"$2.00 price per copy
Technology Charge 2.50%% of Direct Labor
Mileage $0.5850
price per mile
or Current IRS Rate)
Subconsultants 15%Cost +
Outside Services at cost
RH2 ENGINEERING, INC.
2022 SCHEDULE OF RATES AND CHARGES
Rates listed are adjusted annually.Page 42 of 235
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Intent to Form a Sewer Local Improvement District (LID) in
the East UGA Area
I. REFERENCE(S):
Resolution
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, declaring its intent to
order the improvements of the East Urban Growth Area Expansion (Sewer Mains
from Road 68 to North Glade Road, Glade Road Lift Station, Force Main, and
Sewer WellsFostertheinsystemgravityexistingthetoMainsewer
Road/Industrial Way area) and to create a Local Improvement District (LID) to
assess the cost and expense of carrying out those improvements against the
property specially benefitted thereby; notifying all persons who desire to object
to the improvements to appear and present their objections at a hearing before
the City Council to be held on May 23, 2022; and providing for other properly
related matters.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The 2021 Ecology-approved Comprehensive Sewer Plan Addendum (CSP)
identifies planned sewer service to the Urban Growth Area (UGA), with demands
consistent with the most updated land uses defined in the recently adopted City
of Pasco Comprehensive Plan.
In order to promote orderly development of the vastly undeveloped UGA area
and allow for adequate densities to materialize in this area, two sewer Local
Page 43 of 235
Improvement Districts (LID)s are proposed: the East UGA Sewer LID and the
West UGA Sewer LID. These two projects were included in the 2021-2027
Capital Improvement Plan with preliminary layouts and costs based on planning-
level analysis of these areas.
iswhichLID, SewerUGAEast anonfocusesreportagendaThisthe
approximate 1,000 acre area broadly defined as east of Road 68 and north of
Burns Road, as well as the 150 acres adjacent to railroad avenue (to serve the
Reimman Industrial Center).
In accordance with the CSP and a technical memorandum titled Expanded
Urban Growth Area LID Breakout Analysis prepared by RH2 Engineering in
September 2021, the proposed sewer improvements would include lift station(s),
force mains, gravity sewer lines, manholes, and casings at specific crossings of
the BNSF railroad.
City staff has been working with property owners and developers in the LID area
to develop preliminary plans in order to provide infrastructure to this area that
will benefit future development. This coordination effort identified efficiencies in
the proposed layout of the sewer system and is less expensive than originally
planned. The current estimated cost of the proposed East UGA Sewer LID is
22,735,800 (versus the original planning level $32,271,000). The approved
Capital Improvement Plan 2022-2027 anticipated a project cost of 22,364,000,
which is in the same order of magnitude as the current cost estimate for the
project. Mass grading by the developers of this area was the primary factor in
bringing estimated the cost for this project in line with the preliminary estimates
as the time of CIP preparation.
V. DISCUSSION:
This LID will construct sewer collections backbone infrastructure in the defined
East UGA expansion area. The system is designed to collect sewer from the
UGA area with a gravity system and convey those flows to a Lift station located
on Glade Road. From this lift station, flows will be pumped under the BNSF
railroad to an existing gravity sewer system in the Foster Wells Road/Industrial
Way area. This route allows for significantly better distribution of sewer flows
through the existing sewer pipe system, taking advantage of existing
downstream capacities. This approach also creates resiliency by directing sewer
from new growth to the Maitland sewer lift station. This is in lieu of sending all
new development sewer to the 9th and Washington Lift Station, which already
pumps 90% of the City's sewer into the Municipal Wastewater Treatment Plant.
The proposed sewer LID has the potential to serve approximately 1,150 acres
of land currently within the Urban Growth Area ready for development.
Page 44 of 235
The process to move the LID forward includes notification of the City’s intent to
form an LID to all current property owners within the proposed UGA boundary.
The letter will also include the preliminary assessment estimated for each parcel
owner. This is followed by a public hearing with Council for property owners to
express support or opposition to the proposed LID. If approved by Council, an
ordinance is passed creating the LID. Once passed the city will have 15 days to
file the ordinance, a boundary diagram, and the preliminary assessment roll.
This item was discussed at the April 25, 2022, Council Workshop meeting. Staff
recommends approval of the resolution declaring City Council's intent to form
the Sewer LID.
Page 45 of 235
Resolution – Setting PH to Form East UGA Sewer LID - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RELATING TO PUBLIC IMPROVEMENTS; DECLARING
ITS INTENTION TO ORDER THE IMPROVEMENTS OF THE EAST URBAN
GROWTH AREA EXPANSION (SEWER MAINS FROM ROAD 68 TO NORTH
GLADE ROAD, GLADE ROAD LIFT STATION, SEWER MAIN TO
EXISTING INDUSTRIAL AREA) AND TO CREATE A LOCAL
IMPROVEMENT DISTRICT TO ASSESS THE COST AND EXPENSE OF
CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTY
SPECIALLY BENEFITTED THEREBY; NOTIFYING ALL PERSONS WHO
DESIRE TO OBJECT TO THE IMPROVEMENTS TO APPEAR AND
PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY
COUNCIL TO BE HELD ON MAY 23, 2022; AND PROVIDING FOR OTHER
PROPERLY RELATED MATTERS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, as follows:
Section 1. It is the intention of the City Council of the City of Pasco, Washington, to
order the improvement of the property within the area described in Exhibit A, by the construction
of the East Urban Growth Area Expansion (Sewer Mains from Road 68 to North Glade Road,
Glade Road Lift Station, Sewer Main to Existing industrial Area). The improvements consist of
full sanitary sewer construction, including site grading, manholes, a lift station and force mains,
and sewer gravity pipelines, casings, and appurtenances (collectively, the “Improvements”). The
referenced Exhibit A is attached hereto and by this reference made a part hereof.
All of the foregoing Improvements shall be in accordance with the plans and
specifications prepared by the Public Works Director of the City and may be modified by the
City as long as that modification does not affect the purpose of the improvements.
Section 2. The total estimated cost and expense of the Improvements is declared to be
18,576,800 which shall be borne by and assessed against the property specially benefited by the
Improvements to be included in a local improvement district to be established and embracing as
nearly as practicable to all the property specially benefited by the Improvements. Actual
assessments may vary from estimated assessments as long as they do not exceed a figure equal
to the increased true and fair value the Improvements add to the property.
Section 3. The City Clerk is authorized and directed to give notice of the adoption of this
resolution and of the date, time, and place fixed herein for the public hearing to each owner or
reputed owner of any lot, tract, parcel of land, or other property within the proposed local
improvement district by mailing such notice at least fifteen days before the date fixed for public
hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin
County Assessor at the address shown thereon, as required by law.
Page 46 of 235
Resolution – Setting PH to Form East UGA Sewer LID - 2
This resolution shall also be published in its entirety in at least two consecutive issues of
the official newspaper of the City, the date of the first publication is to be at least 15 days prior
to the date fixed herein for the public hearing.
Section 4. All persons who may desire to object to the Improvements are notified to
appear and present those objections at a hearing before the City Council to be held in the Council
Chambers at City Hall, 525 N. 3rd Avenue, Pasco, Washington, at 7:00 p.m. on May 23, 2022.
This time and place is fixed for hearing all matters relating to the Improvements and all
objections thereto and for determining the method of payment for the Improvements. All persons
who object thereto should appear and present their objections at that hearing. Any person who
may desire to file a written protest with the City Council may do so within 30 days after the date
of passage of the ordinance ordering the Improvements in the event the local improvement
district is formed. The written protest should be signed by the property owner and should include
the legal description of the property for which the protest is filed, and that protest should be
delivered to the City Clerk.
The Public Works Director is directed to submit to the City Council on or prior to May
23, 2022, all data and information required by law to be submitted.
The foregoing resolution was ADOPTED by the City Council of the City of Pasco,
Washington, at a regular open public meeting thereof this 2nd day of May, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 47 of 235
Resolution – Setting PH to Form East UGA Sewer LID - 3
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby certify as follows:
1. The attached copy of Resolution No. __________ (the “Resolution”) is a full, true and correct
copy of a resolution duly adopted at a regular meeting of the City Council of the City held at the
regular meeting place thereof on May 2, 2022, as that resolution appears on the minute book of the
City; and the Resolution will be in full force and effect immediately following its adoption; and
2. A quorum of the members of the City Council was present throughout the meeting and a
majority of the members voted in the proper manner for the adoption of the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of May 2022.
CITY OF PASCO, WASHINGTON
Debra Barham, City Clerk
Page 48 of 235
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East UGA Expansion Sewer
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Landowner SummaryOwner Name Parcel
Comprehensive Sewer Plan ProposalPage
Preliminary Design AlignmentPage 55
Preliminary Estimate of Probable
Preliminary Assessments (continued to
Proposed LID Formation ScheduleScheduleMay
Resolution ExcerptPage 59 of
Questions?Page 60 of
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Resolution - Setting a Public Hearing Date to consider the Barker Ranch
ROW Vacation (VAC 2022-002)
I. REFERENCE(S):
Proposed Resolution
Overview Map
Vicinity Map
Short Plat 2020-22
Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No._____, setting 7:00 P.M., Monday,
June 6, 2022 as the time and date to conduct a public hearing to consider
vacating a 10-foot right-of-way for Burns Road established per Short Plat 2020-
22.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The adjacent property owners have petitioned for the vacation of a 10 foot right
of way for Burns Road established per Short Plat 2020-22.
The 10-foot right-of-way in question was dedicated in 2020 as part of Short Plat
2020-22.The City did not pay for dedication of the right-of-way.
The petition requires the City Council to fix a public hearing to consider the
vacation request. This item was discussed by Council at the Workshop Meeting
of April 25, 2022, it is before Council tonight to consider a resolution fixing a time
and date for a public hearing to consider the right -of-way vacation.
Page 61 of 235
The earliest regular City Council meeting available for a public hearing which
provides the statutory 20-day hearing notice is June 6, 2022.
V. DISCUSSION:
Per the Pasco Municipal Code (PMC) Chapter 12.40, the Council may require
compensation for vacated rights-of-way. The compensation involves obtaining a
title report and appraisal of value. However, the compensation and the
requirements attached thereto may be waived if one or more of the following
conditions apply:
The vacation is initiated by the City Council by Resolution;
The vacation is at the request of the City;
The right-of-way to be vacated was previously determined by the City Council
not to be essential to public traffic circulation and available for vacation;
The grant of substitute right-of-way which has a value as a right-of-way at least
equal to that right-of-way to be vacated; and
The resulting benefit to the community of the project requiring the vacation
outweighs the appraised value of the right-of-way to be vacated.
As discussed at the Council Workshop Meeting, staff intends to analyze the
vacation request in light of current right-of-way needs for accommodating recent
and expected growth in the area's road network.
Page 62 of 235
Resolution - Setting PH for VAC 2022-002 - 1
RESOLUTION NO. _________
A RESOLUTION SETTING 7:00 P.M., MONDAY, JUNE 6, 2022, AS
THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE
VACATION OF A 10-FOOT RIGHT-OF-WAY FOR BURNS ROAD
ESTABLISHED PER SHORT PLAT 2020-22.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate a right-of-way; and
WHEREAS, a petition for vacation of a 10-foot right-of-way for Burns Road, pursuant to
the Pasco Municipal Code (PMC) 12.40.020(2) by owners abutting the part of the right-of-way to
be vacated, established per Short Plat 2020-22 has been submitted to the City; and
WHEREAS, the vacation process, by petition application, provided in PMC Chapter 12.40
requires a survey, title report, an appraisal of value, and compensation unless waived by City
Council; and
WHEREAS, the City Council may waive the requirements for a survey pursuant to PMC
12.40.110 if the location and legal description of the street or alley proposed for vacation is
sufficiently known to the City such that an accurate legal description can be determined with
certainty without a survey; and
WHEREAS, as part of the Burns Road Short Plat 2020-22, the 10-foot portion of the right-
of-way is sufficiently known to the City such that a legal description is capable of being produced
without the need for a survey; and
WHEREAS, pursuant to PMC 12.40.120, compensation for vacated rights-of-way, an
appraisal and title report may be waived if one or more of the following are applicable: the vacation
is initiated by Council resolution; the vacation is at the request of the City; the right-of-way to be
vacated was previously determined by Council not to be essential to public traffic circulation and
is available for vacation; the grant of a substitute right-of-way has value as a right-of-way at least
equal to the right-of-way to be vacated; or the resulting benefit to the community of the project
requiring vacation outweighs the appraised value of the right-of-way to be vacated; and
WHEREAS, the cost of an appraisal and title report shall not be waived as none of the
conditions in 12.40.120 are met; and
WHEREAS, PMC 12.40.040 requires public hearings on vacations to be fixed by
resolution, and to provide notice for such hearing which shall occur no later than 60 days after, nor
earlier than 20 days after, the passage of this Resolution setting a public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Page 63 of 235
Resolution - Setting PH for VAC 2022-002 - 2
Section 1. Waiver of Requirements. That pursuant to PMC Chapter 12.40, the City
Council hereby finds the conditions for waiver, of the requirements for an appraisal, title report
and payment of compensation for the proposed vacation, are not met for vacation of a 10-foot
right-of-way for Burns Road established per Short Plat 2020-22 as depicted in the attached Exhibit
A.
Section 2. Notice of Hearing. That a public hearing to consider vacating the following
as depicted in the attached Exhibit A, will be held before City Council of the City of Pasco in the
Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the
June 6, 2022:
VACATION OF A 10 FOOT RIGHT OF WAY FOR BURNS ROAD
ESTABLISHED PER SHORT PLAT NO. 2020-22 RECORDED IN VOLUME 2
OF SHORT PLATS AT PAGE 361 AUDITOR'S FILE NUMBER 1918957
RECORDS OF THE FRANKLIN COUNTY AUDITOR. LOCATED IN THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE
MERIDIAN, IN THE CITY OF PASCO, COUNTY OF FRANKLIN, STATE OF
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 6
BEING A 3" BRASS CAP STAMPED "FRANKLIN COUNTY PUBLIC
WORKS, LS 38481 ", THENCE NORTH 00'55'29" EAST ALONG THE WEST
LINE OF THE SOUTHEAST QUARTER SAID SECTION 6 A DISTANCE OF
85.55 FEET; THENCE NORTH 89'22'44" EAST A DISTANCE OF 30.01 FEET
TO THE SOUTHWEST CORNER OF LOT 5 OF SAID SHORT PLAT NO. 2020-
22, AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 89"22'44" EAST ALONG THE SOUTHERLY LINE OF SAID
LOT 5 A DISTANCE OF 1,271.39 FEET TO THE SOUTHEAST CORNER OF
SAID LOT 5; THENCE SOUTH 00'55'20" WEST ALONG THE SOUTHERLY
PROJECTION OF THE EAST BOUNDARY OF SAID LOT 5 A DISTANCE OF
10.00 FEET; THENCE SOUTH 89'22'44" WEST ALONG A 40 FOOT OFFSET
TO THE NORTH FROM THE MONUMENTED CENTER LINE OF BURNS
ROAD AS ESTABLISHED PER FRANKLIN COUNTY AUDITOR'S FILE
1754579 A DISTANCE OF 1,271.40 FEET TO THE INTERSECTION WITH
THE SOUTHERLY PROJECTION OF THE WEST BOUNDARY OF SAID LOT
5; THENCE NORTH 00'55'29" EAST ALONG SAID PROJECTION A
DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING.
HAVING AN AREA OF 12,714 SQUARE FEET, 0.29 ACRES.
SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF
RECORD.
Page 64 of 235
Resolution - Setting PH for VAC 2022-002 - 3
Section 3. That the City Clerk of the City of Pasco give notice of said public hearing
as required by law.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of _____,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 65 of 235
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Item: ROW Vacation - Barker Ranch
Applicant: Pro Made Homes
File #: VAC 2022-002
dTil Cityof
II• Pasco 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
STREET/ ALLEY VACATION PETITION
Fee: $300
Master File # Date Submitted: 0311812022------
We the undersigned, owners of two-thirds of the privately-owned abutting property, hereby petition
the City Council of the City of Pasco to vacate the following described street/alley rights-of-way:
A 10 foot right of way for Burns Rd established per short plat 2020-22
Name:
Pro Made Homes
Address:
105609 Wiser Parkway, Kennewick WA 99338
Applicant/ Phone:
Owner 1 (509) 392-7080
Email:
Paul@infinityhomesofwa.com
Signature: f
Name:
Address:
Owner 2 Phone:
Email:
Signature:
Please see reverse side)
Updated April 2019
Page 70 of 235
Name:
Address:
Owner 3 Phone:
Email:
Signature:
0 Survey D Title Report
if not waived)
D Fee of $300
Page 71 of 235
mmozuzooww_.<u.ocm<m_
MattBeaton,Auditor,FranklinCounty,WA.
MattBeaton,Auditor,FranklinCounty,WA.
WA.AFN#1918957Recorded08/11/
FranklinCounty,WA.AFN#1918957Recorded08/
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Resolution - Bid Award for Fire Station No. 85 Street & Utilities Work
I. REFERENCE(S):
Resolution
Station 85 Street & Utilities Work - Bid Tabulation
Sketch of Proposed Work Area
C & E Trenching LLC Bid
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, awarding the Fire Station No.
85 site work with C & E Trenching LLC, and further, authorize the City Manager
to execute the contract documents.
III. FISCAL IMPACT:
1,002,344.52
IV. HISTORY AND FACTS BRIEF:
To meet the demands of current and projected growth in the northwest area of
Pasco an additional Fire Station is needed to serve the west side of the City.
Consistent with this adopted strategy, the City acquired property on Road 100
and Maple Drive three (3) years ago. The 2020/2021 Biennial Budget allocated
funds for design of proposed Station No. 85, and Council subsequently
authorized a design contract for the Station. For strategic reasons, the project
has been broken into two (2) phases, the first being to prepare the site for
construction of the Station, improvements in this phase include:
Widening of Road 100 to align with sections to the north and south,
previously widened by private development.
Page 77 of 235
Re-aligning the current Maple Drive intersection with Road 100 and the
extension of Maple Drive east of Road 100 to the future east back
property line of the proposed Fire Station.
Relocating a Lumen Inc. utility vault out of the Maple Drive extension
alignment and provide for new conduit to serve that and other existing
underground utilities.
Undergrounding existing above ground powerlines along the property
frontage to comply the Pasco Municipal Code.
Project bids were received on April 21, 2022.
V. DISCUSSION:
Bids for the Station No. 85 Street and Utility Improvements were opened on April
21, 2022. Four (4) bids were received with C&E Trenching, LLC as the lowest
responsive bidder in the amount of $1,002,344.52.
The Engineer's estimate for the project was $931,518.99, reflecting the volatility
of labor and materials. Upon a thorough review of the bids by staff and the
consultant team, staff recommends award of the project to C&E Trenching, LLC
in the amount of $1,002,344.52.
Page 78 of 235
Resolution – Bid Award for Fire Station No. 85 - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AWARDING BID NO. 21199-A, FOR THE FIRE STATION NO. 85 SITE
WORK WITH C&E TRENCHING, LLC, AND FURTHER, AUTHORIZE THE
CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS.
WHEREAS, the City of Pasco, Washington has an identified capital improvement public
works project described as the Fire Station No. 85 Site Work project; and
WHEREAS, this project includes Road 100 widening, Maple Street extension and
relocating utilities underground; and
WHEREAS, the City solicited sealed public bids for this project, identified as the Fire
Station No. 85 Site Work project; and
WHEREAS, on April 21, 2022, at 2:00 p.m., four (4) bids were received and opened by
the City; and
WHEREAS, the lowest responsive bidder was C&E Trenching, LLC, with a bid of
1,002,344.52, the Engineer’s Estimate was $931,518.99; and
WHEREAS, the bid documentation was reviewed and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the Fire Station No. 85 Site Work project to C&E Trenching,
LLC in the amount of $1,002,344.52, including Washington State Sales Tax; and
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 79 of 235
Resolution – Bid Award for Fire Station No. 85 - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 80 of 235
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Non—Co||usion Declaration ...............................................................................NC-1
Prevailing Wage Rate Reference ....................................................................PWR-1
Mandatory Bidder Responsibility Checklist .........................................................................MBRC—1
Certification of Compliance with Wage Payment Statutes .............................................................CCWPS—1
Page 82 of 235
BID PROPOSAL
Road 100 and Maple Drive Improvements
Project No.21199-A
HONORABLE MAYOR AND CITY COUNCIL
City Hall
Pasco,Washington 99301
Council Members &City Staff:
The undersigned declares that he has carefully examined the site at
Road 100 and Maple drive at the intersection of Road 100.
And has carefully examined specifications,plans,laws,and ordinances covering
trenching,utility work,grading,asphalt pavement,concrete pavement,sidewalks,street lights,signage,striping,and other associated work.
in accordance with the terms,provisions,and requirements of the foregoing,the following prices are tendered as an offer to furnish the equipment,
materials,appurtenances and guarantees,where required,and to perform the work in place and in good working order.
SCHEDULE OF PRICES
Unit prices for all items,all extensions,and total amount of bid must be shown.
ALL ENTRlES SHALL BE IN INK OR TYPED TO VALIDATE BID.
SCHEDULE 'A'
TOTALPRICE
1 0 0000000
0 20-00000
0 1000000
100000
100000
3<.n4><»i\>rn3
1200000
7 Ls 02000000 0 2000000
01000000 0 1400000
9 Chain Link Fence Type 3 $9,870.00
Removal of Structures and Obstructions $12,500.00
Storm Drainage
Om..03'WIn‘L’3z‘'0m_.
3
2 2
20
00
31 8 ft x 6 ft In?ltration Trench System 12 in.Diam.
02
SUBTOTAL SCHEDULE A
7,800.00$2,600.0027
8 4,100.00
61.00 $7,137.00
394.00
220.00 $8,800.00
120.00
LF
Roadway
s
HMA CL.1/"PG 648-28 5
s
s
s
Cement Conc.Valley Gutter 5
17 Cement Conc.Sidewalk 238 5
18 Cement Conc.Driveway —6 In.thick 181 SY g
19 Cement Conc.Driveway —8 In.thick 262 SY 5
20 Cement Conc.Curb Ramp Type Single Direction A n 5
s
s
s
1
1
26 Pavement Markings 1
4,300.00
409,923.00
Noo
P—1
Page 83 of 235
SCHEDULE ‘B’
DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE
Irrigation
PVC Pipe for Irrigation Main 6 In.Diam $40.00 13,160.00329LF
1 EA 0200000 2100000
II 0 E0 000000
0 EA 000000
H Ductile lron Pipe for Water Main 6 In.Diam.135 LF $75.00
Ductile Iron Pipe for Water Main 8 In.Diam.
429 LF $2.00
1E E0 0000000
0 EA 0700000
0 EA 02-00000
0 E0 0200000
0 EA 0200000
0 EA 00000000
0 0020000
Sewer
4,600.00
1,500.00
10,125.00
294 LF $66.00 19,404.00
858.00
5,500.00
15,600.00
2,800.00
2,600.00
2,000.00
5,500.00
EA 1,200.00
16 PVC Sanitary Sewer Pipe 8 In.Diam.
0)A(A
LF
LF
LF
44.00
5.00
75.00
2.00
500.00
5,500.00
100.00
7,000.00
1,400.00
15,092.00
1,715.0017TestingSewerPipe
0
007
1
0
20
0
0
Utility Relocation and Extension
9A0-)
300.00
LF
99
694.00
EA 500.00
EA 16,500.00
VF 2,400.00
EA 7,000.00
EA
99
1,400.00
99
25 Utility Relocation and Extension S $411,000.00
SUBTOTAL SCHEDULE B $545,006.00
411,000.00
SALES TAX (8.7%)8.70%$47,415.52
TOTAL SCHEDULE B
GRAND TOTAL (Schedule 'A'+Schedule 'B')S 1,002,344.52
P—2
Page 84 of 235
Accompanying this Proposal is a certified check,cashier's check or bid bond,payable to the City of Pasco being an amount not less than 5%of the total bid
based upon the estimate of quantities at the above prices according to the conditions of the Information for Bidders.If this proposal is accepted by the City of
Pasco,and the undersigned shall fail to execute a satisfactory contract and bonds,as stated in the Instructions For Bidders hereto attached,within ten (10)
calendar days from the date of notice of award,then the City may,at its option,determine that the undersigned has abandoned the contract and thereupon
this proposal shall be null and void and the certified check or bid bond accompanying this proposal shall be forfeited to and become the property of the City of
Pasco.Otherwise,the certified check,cashier's check or bid bond accompanying this proposal shall be returned to the undersigned.
Receipt is hereby acknowledged of addendum(s)No.(s),&
op »21AprilDATEDATaisDAYor ,2o22
SIGNED:TITLE:
Member
PRINTED NAME:C”’”5 Wm’
NAME or COMPANY:0&5 T'e”°“'“9-LLC
ADDRESS:
P.O.Box 3788,Pasco,WA 99302
TELEPHONE:
5°9‘545'594°
STATE CONTRACTOR'S LICENSE NO.:CETREL*025KA
P—3
Page 85 of 235
SJEDNTRACT DISILOSJRE
All Slbcontractors must be qualified in accordance with Pasco Municipal Cbde 14.15,at the time of bid
submittal.Bidder acknowledges that work performed by a non—quaiifiedsubcontrador will not be
accepted by the Oty of Pasco.
We,the undersigned,intend to employ the following subcontractors,in order to fully perform the work
outlined in these specifications,as required by RON 39.30.060.Further,we acknowledge that
qualification of subcontractors must be in place no later than when subcontractors are required to
perform any work on the project.
We intend to employ the firm(s)of:
NAME ADDRES UBI#ListItem Number
Phase 2 Electric,|nc.,PO Box 2069,Pasco Wa,602 172 395 24
Electrical)
1)
2)NA
Plumbing)
3)NA.
HVAQ
4)NA
Structural Steel Installation)
5)NA
Rebar Installation)
6)
7)
and represent and warrant that the work will be performed by said subcontractors in a good and
workmanlike manner and under our direct supervision.We further represent and warrant that the work
to be performed by them constitutes approximately 18%percent of the total dollar value of said
contract.
Descriptionof work to be performed by Prime Contractor:
Excavation,pipelaying,grade prep,demo,erosion control.
FIRM:C&ETrenching,LLC
NAME Curtis Wray
ADDFE$P.O.Box 3788
Pasco,WA 99301
E 509-545-6940
Bv|A”_.curtis@candetrenching.com
SD-1
Page 86 of 235
BID BOND
KNOW ALLMEN BYTHESE PRESENTS,that we,the undersigned,C&ETrenching,LLC
as Principal,and
Nationwide Mutual Insurance Company as Surety,are hereby held and firmly bound unto the
City of Pasco as OWNER in the penal sum of 5%Five Percent of Bid Amount for
the payment of which,well and truly to be made,we hereby jointly and severally bind ourselves,
successors and assigns.
Signed,this 21st day of Agril .20 22 .
The conditions of the above obligation is such that whereas the Principal has submitted to the
City of Pasco a certain BID,attached hereto and hereby made a part hereof to enter into a
contract in writing,for the
Road 100 and Maple Drive Extension
ProiectNo.21199—A
NOW THEREFORE,
a)If said BIDshall be rejected,or
b)If said BID shall be accepted and the principal shall execute and deliver a
contract in the Form of Contract attached hereto (properly completed in
accordance with said BID)and shall furnish a BOND for his faithful performance
of said contract,and for the payment of all persons performing work or
furnishing materials in connections therewith,and shall in all other respects
perform the agreement created by the acceptance of said BID.
Then,this obligation shall be void,otherwise the same shall remain in force and effect;it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder
shall,in no event,exceed the penal amount of this obligation as herein stated.
The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety
and its BONDshall be in no way impaired or affected by any extensions of the time within which
the OWNER may accept such BID;and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,
and such of them as are corporatio?nslhavecaused their corporate seals to be hereto affixed and
these presents to be signed b eir proper officers,the day and year first set forth above.
Nationwide Mutual Insurance Co pany
Principal
if
By:d w.Haff,Attorney-In—Fa,ct
IMPORTANT:Surety companies executing BONDS must appear on the TreasuryDepartment's
most current list (Circular 570 as amended)and be authorized to transact business in the State
of Washington.
BB-1
Page 87 of 235
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual insurance Company,an Ohio corporation
hereinafter referred to severally as the “Company”and collectively as “the Companies”does hereby make,constitute and appoint:
GLENDA D SIMONSON;JARED W HAFF;JASON BRAVO;JOSH R TONER;JUSTIN B TONER;
each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and
undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,
recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other
writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or
authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents,on behalf of the Company.”
RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them,and to af?x the seal of the Company thereto;provided,however,that
said seal shall not be necessary for the validity of any such documents.”
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of
the board,the chief executive of?cer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or
stamped on any approved document,contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August,2021.
444-e...
Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK:ss
On this 20th day of August,2021,before me came the above-named officer for the Company
aforesaid,to me personally known to be the officer described in and who executed the preceding
instrument,and he acknowledged the execution of the same,and being by me duly
sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed
hereto is the corporate seal of said Company,and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
Notary Public
My Commission Expires
October 19,2024
Stephanie Rubino McArthur
Notary Public,State of New York
No.02MC6270117
Quali?ed in New York County
Commission Exires October 19 2024
cERTlFlCATE
l,_Laura B.Guy,Assistant Secretary of theCompany;dohereby certify that the foregoing is a full,true and correct copy of the original power of attorneyissuedbytheCompany;that the resolution includedtherein is a ‘trueand correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner;that said AntonioC.Albanese was on the date of the execution of the foregoing power of attorney the duly elected
of?cer of the Company,and the corporateseal and hissignatureas officer were duly af?xed and subscribed to the said instrument by the authority of saidboardofdirectors;and the foregoing powervof attor‘ney.is stillirrfull forceand effect.
INAWITNESSWHEREOF2,I have hereunto subscribed my name as Assistant Secretary,and af?xed the corporate seal of said Company this 21st day Of
Dfl 20 2 _A
Assistant Secretary
BDJ 1(08-21)O0
Page 88 of 235
NON-COLLUSION DECLARATION
I,by signing the proposal,hereby declare,under penalty of perjury under the laws of the
United States that the following statements are true and correct:
1.That the undersigned person(s),firm association or corporation has (have)not,
either directly or indirectly,entered into any agreement,participated in any
collusion,or otherwise taken any action in restraint of free competitive bidding in
connection with the project for which this proposal is submitted.
2.That by signing the signature page of this proposal,I am deemed to have signed
and to have agreed to the provisions of this Declaration.
W 4/21/22
SIGNATURE
NC-1
Page 89 of 235
PREVAILING WAGE RATE REFERENCE
The State of Washington prevailing wage rates applicable for this public works
project,which is located in Franklin County,may be found at the following website
address of the Department of Labor &Industries:
https://secure.lni.wa.gov/wage|ookup/
Based on the bid submittal deadline for this project,the applicable effective date
for prevailing wages for this project is April 21,2022.A copy of the applicable
prevailing wage rates are also available for viewing at the office of the Public Works
Director,located at 525 North 3rd,Pasco,Washington.Upon request,the City will
mail a hard copy of the applicable prevailing wages for this project.Please fon/vard
your request in writing to the address above,or by calling (509)545-3444.
f(‘
If
é/§7,.~_>/
PWR~1
Page 90 of 235
Mandatory Bidder Responsibility Checklist
General Information
Project Name:
ROAD 100 AND MAPLE DRIVE EXTENSION
Contract Number:
Contract No:21199-A
Bid Submittal Deadline:
2:00pm -April 21,2022
Bidder’s Business Name:
C&E Trenching,LLC
Contractor Re istration -httpszl/secure.lni.wa.gov/verify
License Number:Status:
CETREL*025KA Active:Yes i]No El
Effective Date (must be effective on or before Bid Submittal Deadline):Expiration Date:
May 1994 June 7,2022
Current UBI Number -https://secure.lni.wa.gov/verify
UBI Number:Account Closed:
601-847-451 Open El Closed El
Industrial Insurance Covera -e —https://secure.lni.wa.gov/verify
Account Number:Account Current:
228,895-00 Yes I]No I]
Em o lo ment Securi De artment Number
Employment Security Department Number:
141499-00-2
Dun &Bradstreet #-https://www.dnb.com/duns-number/lookup.html or http://fedgov.dnb.com/webform
DUNS#:Account Closed:
14453-8212 Open Closed El
Emlo er Identification Number EIN
E'“#?91-1640150
Not Disquali?ed from Bidding Federal -
htt os://www.sam.o ovISAM/o a o es!-ublic/searchRecords/searchfsf
Is the Bidder listed on the Federal Debarment and Suspension Database?
Yes III No I3
Not Disquali?ed from Bidding Washington State -
htt o s://secure.lni .wa.o ov/debarandstrike/ContractorDebarList.as ox
is the Bidder listed on the “Contractors Not Allowed to Bid”list of the Department of Labor and Industries?
Yes El No Bl
Cit Of Pasco Business License —lf N/A,must be obtained prior to commencement of work
Business License Number:Account Current:
8558 Yes No El
ToBe Filled out by City of Pasco—————————---—---------
Checked b Ci of Pasco Em lo ee:
MBRC-1
Page 91 of 235
Certification of Compliance with Wage Payment Statutes
The bidder hereby certifies that,within the three-year period immediately preceding the bid
solicitation date of April 21,2022,the bidder is not a “willful”violator,as defined in RCW
4948.082,of any provision of chapters 49.46,49.48,or 49.52 RCW,as determined by a final
and binding citation and notice of assessment issued by the Department of Labor and
Industries or through a civil judgment entered by a court of limited or general jurisdiction.
I declare under penalty of perjury under the laws of the State of Washington that the foregoing
is true and correct.
C&E Trenching,LLC
Bidder’s Business Name
SignatureofAu ized Official*
Curtis Wray
Printed Name
Member
Title
4/21/22 P3500 WA
Date City State or
country
Check One:
Sole Proprietorship El Partnership El Joint Venture El Corporation El 'I-LC
State of Incorporation,or if not a corporation,State where business entity was formed:
WA
If a co—partnership,give firm name under which business is transacted:
If a corporation,proposal must be executed in the corporate name by the president or vice-
president (or any other corporate officer accompanied by evidence of authority to sign).If a co-
partnership,proposal must be executed by a partner.
CCWPS—1
Page 92 of 235
C.
P
myif
PUBLIC WORKS DEPARTMENT (509)545-3444é?
30 Box 293/525 North 3rdAve.Pasco,WA 99301/www.pasco—wa.gov
NOTICE is hereby given that this acknowledgement page must be signed and
enclosed with your proposal documents for Road 100 &Maple Dr.Improvements,
Contract No.21199-A as evidence that the submitting Firm has familiarized
themselves with all information
incorporated herein.
Do NOT include the entire contents of Addendum 1 in your proposal submission.
Only this signed acknowledgement page is reguired.
C&E Trenching,LLC
Company Name
Curtis Wray,Member
Name (Please Print)Title
m.
g
Signature
April 2022 ROAD 100 &MAPLE DRIVE IMPROVEMENTS
ADD 1 -2
Page 93 of 235
Page 94 of 235
Page 95 of 235
AGENDA REPORT
FOR: City Council April 25, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Angela Pashon, Senior Management
Analyst
Executive
SUBJECT: Proclaiming May 2022 as "Asian American and Pacific Islander Heritage
Month"
I. REFERENCE(S):
Proclamation
City Council Proclamation Requests
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Mayor Barajas will read the proclamation proclaiming May 2022 as, "Asian
American and Pacific Islander Heritage Month" in Pasco, Washington.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Proclamations issued by the Mayor of the City of Pasco provide an opportunity
for the City to recognize exceptional events. The goal of a proclamation is to
recognize and celebrate the extraordinary achievements of Pasco citizens and
non-profit organizations, honor occasions of importance and significance, and
increase public awareness of issues to improve the well-being of the people of
this city.
Information on how to request proclamations is available on the City's website
also attached) to provide equitable opportunity for community members and
organizations to have their events and achievements recognized and celebrated.
Observance of national heritage recognition has been incorporated into the
workplan of the Pasco Art and Culture Commission (PACC); the PACC seeks to
bring opportunities to engage, learn, and highlight, art, culture, and heritage
Page 96 of 235
events and programs in our community to support the work of our community
organizations and partners.
V. DISCUSSION:
In honor of AAPI Heritage Month, Onie Huihui Rendall, Director of Halau
Kamakahiwaokalani, will provide Council a cultural presentation on Hawaiian
culture and Tri-Cities events, followed by a live demonstration.
This September, Onie will celebrate 50 years of teaching Halau, serving as a
leader of of the local AAPI community through dance and cultural education.
Page 97 of 235
Proclamation
Asian American and Pacific Islander
Heritage Month”
May 1 – May 31, 2022
WHEREAS, Asian American and Pacific Islander (AAPI) Heritage Month is a time to recognize the
contributions and achievements of Americans of Asian, Native Hawaiian, and Pacific Island descent; and
WHEREAS, in the United States, Asian Pacific Heritage Week was first celebrated in 1979 and was
extended into AAPI Heritage Month in 1992; and
WHEREAS, the month of May was chosen as Asian Pacific American Heritage Month to commemorate
the immigration of the first Japanese citizen, Nakahama Manjiro, to the United States on May 7, 1843,
but also the anniversary of the May 10, 1869, completion of the first Transcontinental Railroad, built in-
part with the back-breaking labor of nearly 20,000 Chinese immigrants; and
WHEREAS, today, more than 20 million AAPI members live in the United States; and
WHEREAS, we celebrate their achievements and contributions which enrich our history, society and
culture through languages and religions and, make our community more vibrant, prosperous, and secure;
and
WHEREAS, during AAPI Heritage Month we acknowledge the additional determination, hard work,
and perseverance AAPI put forth to be heard and seen; and
WHEREAS, the 2022 theme is “Advancing Leaders Through Collaboration” and encourages local and
national governments to prioritize collaboration, development, diversity, transparency, and inclusion
through leadership training of AAPI people; and
NOW, THEREFORE, I, Blanche Barajas, Mayor of the City of Pasco, Washington, do hereby proclaim
May 1 through May 31, 2022, as
Asian American and Pacific Islander Heritage Month".
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of
Washington, to be affixed this 2nd day of May 2022.
Blanche Barajas, Mayor
City of Pasco
Page 98 of 235
City Council Proclamation Request
https://www.pasco-wa.gov/FormCenter/ACS-Form-3-3/City-Council-Proclamation-Request-57-57
Proclamations issued by the Mayor of the City of Pasco ideally provide an opportunity for the City to
recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary
achievements of Pasco citizens and non-profit organizations, honor occasions of importance and
significance, and increase public awareness of issues to improve the well-being of the people of this city.
Proclamation Policy
1. We ask that requests be submitted 30 days prior to the date needed.
2. All requests should clearly include contact information and affiliation of the person submitting the
request & the person(s) accepting the proclamation.
3. Requests should include draft language and background information about an exceptional event and
sponsoring organization that could be used to prepare the proclamation.
4. Each renewal request will be reviewed on a case-by-case basis.
5. We are unable to accommodate proclamations for out -of-community events or for-profit causes.
6. We ask that National or International groups requesting proclamations have an in -city sponsor.
Submission of a proclamation request does not guarantee issuance. Due to the volume of submissions
received, we cannot grant every request. However, we want to recognize and honor your organization’s
outstanding contributions, commitment, and excellence to our community.
Greetings/Other Recognition
Greetings from the Mayor or other forms of recognition can be issued when a proclamation request doesn’t
meet guidelines. Greetings and/or other recognition shall be used to honor special events or individuals
within the City of Pasco. These may include conventions, community celebrations, award ceremonies,
college graduations, etc. The Mayor also strongly encourages personal achievement and wishes to showcase
significant milestones in the lives of Pasco residents. We ask that any recognition be submitted 30 days prior
to the due date for issue to Pasco residents.
Page 99 of 235
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Public Meeting & Resolution - Accepting a Notice of Intent to Commence
Annexation Proceedings for Eickmeyer-Roundy Annexation (ANX 2022-
002)
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, accepting a notice of intent
to Eickmeyerthetheproceedingsannexationcommencefor -Roundy
annexation, providing a determination on the boundary to be annexed, and
whether simultaneous zoning and the assumption of bonded indebtedness will
be required.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The owners of property located in and around Roads 68 and 100 between the
northern City Limits Line and the City's Urban Growth Boundary have submitted
a Notice of Intent to Commence Annexation.
On April 25, 2022, Council approved Resolution No. 4171, setting May 2, 2022,
as the date to hold the public meeting to consider the Notice of Intent and three
items listed below.
1. Whether the City will accept, reject, or geographically modify the
proposed annexation;
2. Whether it will require the simultaneous adoption of a proposed zoning
regulation; and
Page 100 of 235
3. Whether it will require the assumption of all or any portion of existing City
indebtedness by the area to be annexed.
V. DISCUSSION:
The petition method of annexation is a two-step process requiring the submittal
of a Notice of Intent to Commence Annexation proceedings followed at a later
date by consideration of an actual annexation petition.
Following Council review of the proposed annexation and passage of a
resolution generally accepting the boundary, staff will prepare the annexation
petition.
Once the petition is returned, it will be forwarded to the County Assessor for
certification. Following that certification, a date will be set for a public hearing for
Council to formally consider and decide upon the annexation request.
Once a decision on the annexation is determined, staff will present the
annexation to the Hearing Examiner for a recommendation on the zoning.
As this proposed annexation involves a considerable portion of the assessed
value of the Pasco Urban Growth Area. Staff recommends Council acceptance
of the 10% Petition and commencement of the remaining annexation process.
Page 101 of 235
Resolution – Notice of Intent to Commence Annexation (ANX 2022-002) - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, ACCEPTING A NOTICE
OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FOR THE
EICKMEYER-ROUNDY ANNEXATION, PROVIDING A DETERMINATION
ON THE BOUNDARY TO BE ANNEXED, AND WHETHER
SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED
INDEBTEDNESS WILL BE REQUIRED.
WHEREAS, the owners of property described in Exhibit A as attached to this Resolution
have filed a Notice of Intent to Commence Annexation Proceedings to the City of Pasco; and
WHEREAS, on April 25, 2022 the City Council set a May 2, 2022 public meeting date
with the initiators to consider (1) whether the City will accept, reject, or geographically modify
the proposed annexation; (2) whether it will require the simultaneous adoption of a proposed
zoning regulation; and (3) whether it will require the assumption of all or any portion of existing
City indebtedness by the area to be annexed; and
WHEREAS, the City Council has reviewed the Notice of Intent, conducted a public
meeting with the initiators, and has determined it is in the best interests of the City to
geographically modify the proposal as depicted in Exhibit B, attached hereto; and
WHEREAS, the City has determined that the modified annexation site is within the Pasco
Urban Growth Area, annexation of the modified site would be a natural extension of the City and
said annexation would the in best interest of the Pasco community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
That the City will accept the modified territory to be annexed as depicted in Exhibit B
attached hereto.
Be It Resolved, that the territory to be annexed will not require simultaneous adoption of
zoning regulations. Zoning will be determined through a public hearing process with input from
affected property owners.
Be It Further Resolved, that the annexation area will be required to assume a
proportionate share of all existing City bonded indebtedness.
Page 102 of 235
Resolution – Notice of Intent to Commence Annexation (ANX 2022-002) - 1
PASSED by the City Council of the City of Pasco, Washington this 2nd day of May 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 103 of 235
Exhibit “A”
Legal Description
Eickmeyer/Roundy Annexation Area (ANX 2022-002)
Parcel 115180019: Farm Unit 77, First Revision of Farm Unit Plat, Irrigation Block 1, according to the Plat
thereof recorded in Volume B of Plats, Page 79, records of Franklin County, Washington.
Parcel 115170048: Farm Unit 78, First Revision of Farm Unit Plat, Irrigation Block 1, according to the Plat
thereof recorded in Volume B of Plats, Page 79, records of Franklin County, Washington.
EXCEPT that portion of said Farm Unit also being in a portion of the East half of the Northwest quarter of
Section 5, Township 9 North, Range 29 East, W.M., more particularly described as follows:
Beginning at the Northwest corner of said Farm Unit 78 and also the Northwest corner of said East half;
thence South 01 °58'30" West along the West line of said Farm Unit 78 and said East half a distance of
1,650.95 feet; thence leaving said West line South 89° 52'07" East a distance of 1,320.00 feet; thence
North 01 ° 58'30" East, parallel with said West line, a distance of 1,650.95 feet to the North line of said
Farm Unit 78, and Section 5; thence North 89° 52'07" West, along said North line a distance of 1,320.00
feet to the True Point of Beginning.
Parcel 115170067: The Southeast ¼ of Section 5 Township 9 North Range 29 East, Less the South 1/2.
Parcel 115170039: A tract of land located in Farm Unit 78, Irrigation Block 1, COLUMBIA BASIN PROJECT,
WASHINGTON, according to the plat thereof recorded in Volume 49, of South Columbia Basin Irrigation
District Plats, page 641, Franklin County, Washington, also being a portion of the East half of the
Northwest quarter of Section 5, Township 9 North, Range 29 East, W.M., Franklin County, Washington,
more particularly described as follows:
Beginning at the Northwest corner of said Farm Unit 78 and also the Northwest corner of said East half;
thence South 01° 58' 30" West along the West line of said Farm Unit 78, and said East half a distance of
1650.95 feet; thence leaving said West line South 89° 52' 07" East a distance of 1320.00 feet; thence North
01° 58' 30" East parallel with said West line a distance of 1650.95 feet to the North line of said Farm Unit
78 and Section 5; thence North 89° 52'07” West along said North line a distance of 1320.00 feet to the
True Point of Beginning.
Parcel 115010032: The North half of Section 4, Township 9 North, Range 29 East, W.M. Except any portion
thereof lying Westerly of the Westerly Right of Way line of Road 68
Parcel 115010041: Unnumbered Government Lot located In the Northeast Quarter of the Northeast
Quarter of Section 5, Township 9 North, Range 29 East, W.M. Franklin County Washington; Except any
portion thereof which may lie within the Southeast Quarter of the Northeast Quarter of Section 5 and the
Southeast Quarter of the Northeast Quarter of said Section 5 except any portion thereof which may lie
within the Unnumbered Government Lot located In the Northeast Quarter of the Northeast Quarter of
said Section 5 together With the North half of Section 4, Township 9 North, Range 29 East. Wm. Except
any portion thereof lying Easterly of the Westerly Right of Way line of Road 68
Parcel 115170076: That portion of Revised Parcel C as shown on Record of Survey For Boundary Line
Adjustment Recorded In Volume 4 of Surveys at Page 166, Under Auditor's File Number 1942293, Records
Page 104 of 235
of Franklin County, Washington, described as follows: Beginning at the Northwest Corner of said 'Parcel
C', also being the Northwest Corner of the Southwest Quarter of Section 4, Township 9 North, Range 29
East, W.M.; Thence North 89°21'27" East along the North line of said 'Parcel C' and along the North line
of the Southwest Quarter of said Section 4 a distance of 1079.90 feet; thence leaving said North line,
South 01°06'01" West along a line which is parallel with the West line of said Southwest Quarter a distance
of 1009.99 feet; thence South 89°28'23" West a distance of 1079.84 feet to the West line of said 'Parcel
C' and said Southwest Quarter; thence North along said West line a distance of 1007.81 feet to the Point
of Beginning and the End of This Description.
Parcel 115170077: That portion of Revised Parcel C as shown on Record of Survey For Boundary Line
Adjustment Recorded In Volume 4 of Surveys at Page 166, Under Auditor's File Number 1942293, Records
of Franklin County, Washington, described as follows: Commencing at the Northwest Corner of said
Parcel C', also being the Northwest Corner of the Southwest Quarter of Section 4, Township 9 North,
Range 29 East, W.M.; thence North 89°21'27" East along the North line of said 'Parcel C' and along the
North line of the Southwest Quarter of said Section 4 a distance of 1079.90 feet to the Point of Beginning;
thence continuing along said North line, North 89°21'27" East a distance of 920.00 feet, more or less, To
the Northeast Corner of said 'Parcel C' and the Westerly margin of Road 68 North; thence South 15°01'22"
East along said East line and said Westerly margin of Road 68 North a distance of 1044.70 feet; thence
leaving said East line and said Westerly margin, South 89°28'23" West a distance of 1210.17 feet; thence
North 01°06'01" East along a line which is parallel with the West line of said Southwest Quarter a distance
of 1009.99 feet to the Point of Beginning.
Parcel 115170078: That portion of Revised Parcel C as shown on Record of Survey For Boundary Line
Adjustment Recorded In Volume 4 of Surveys at Page 166, Under Auditor's File Number 1942293, Records
of Franklin County, Washington, described as follows: Commencing at the Northwest Corner of said
Parcel C', also being the Northwest Corner of the Southwest Quarter of Section 4, Township 9 North,
Range 29 East, W.M.; thence North 89°21'27" East along the North line of said 'Parcel C' and along the
North line of the Southwest Quarter of said Section 4 a distance of 1999.90, more or less, to the Northeast
Corner of said 'Parcel C' and the Westerly margin of Road 68 North; thence South 15°01'22" East along
the East line of said 'Parcel C' and said Westerly margin of Road 68 North a distance of 1044.70 feet to the
Point of Beginning; thence continuing along said East line and said Westerly margin a distance of 1045.91
feet to the Southeast Corner of said 'Parcel C'; thence leaving said East line and said Westerly margin,
South 89°35'20" West along the South line of said 'Parcel C' a distance of 1500.66 feet; thence leaving said
South line, North 01°06'01" East along a line which is parallel with the West line of said Southwest Quarter
a distance of 1009.99 feet; thence North 89°28'23" East a distance of 1210.17 feet to the Point of
Beginning.
Parcel 115170079: That portion of Revised Parcel C as shown on Record of Survey For Boundary Line
Adjustment Recorded In Volume 4 of Surveys at Page 166, Under Auditor's File Number 1942293, Records
of Franklin County, Washington, described as follows: Commencing at the Northwest Corner of said
Parcel C', also being the Northwest Corner of the Southwest Quarter of Section 4, Township 9 North,
Range 29 East, W.M; thence South 01°06'01" West along the West line of said 'Parcel C' and the West line
of said Southwest Quarter a distance of 1007.81 to the Point of Beginning; thence continuing South
01°06'01" West along said West line a distance of 1007.81 feet to the Southwest Corner of said 'Parcel C';
thence North 89°35'20" East along the South line of said 'Parcel C' a distance of 1079.78 feet; thence
leaving said South line, North 01°06'01" East along a line which is parallel with the West line of said
Page 105 of 235
Southwest Quarter a distance of 1009.99 feet; thence South 89°28'23" West a distance of 1079.84 feet to
the Point of Beginning.
Comprising approximately 966.40 acres, more or less.
Page 106 of 235
COLUMBIARIVERCOLUMBIARIVERDENT RD
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Exhibit B"Item: Eickmeyer-Roundy
Annexation Applicants: Lee Eickmeyer, et al.File #:
ANX 2022-002/
ZD 2022-
002 Pasco City
COLUMBIARIVERCOLUMBIARIVERDENT RD
BROADMOORBLVDC
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115010041
115170039115180019
115170048
115170067 115170078 115010032 115170076 115170079 115170077 0 2,0004,
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0001,000 Feet 10%
Petition Map Item: Eickmeyer-Roundy
Annexation Applicants: Lee Eickmeyer, et al.File #:
ANX 2022-002/
ZD 2022-
002 Pasco City
Limits UGA 2021
Eickmeyer/Roundy Annexation Eickmeyer/Roundy
Annexation Eickmeyer/Roundy 10% Petition
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Public Hearing and Ordinance - Vacating the North-South Alley of Block
2, Kurtzman’s 1st Addition to Pasco (VAC 2022-001)
I. REFERENCE(S):
Proposed Ordinance
Overview Map
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No._____, vacating the north-south alley
of Block 2 Kurtzman’s 1st Addition to Pasco; and further; authorize publication
by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The majority of adjacent property owners have petitioned for the vacation of the
north-south alley of Block 2 Kurtzman’s 1st Addition to Pasco which is located
between South Sycamore and South Hugo Avenues, north of East Helena
Street.
City Council set May 2, 2022, as the date to conduct a public hearing to consider
the vacation request.
Page 109 of 235
V. DISCUSSION:
Per the Pasco Municipal Code (PMC) Chapter 12.40, the Council may require
compensation for vacated rights-of-way. The compensation involves obtaining a
title report and appraisal of value. However, the compensation and the
requirements attached thereto may be waived if one or more of the following
conditions apply:
The vacation is initiated by the City Council by Resolution;
The vacation is at the request of the City;
The right-of-way to be vacated was previously determined by the City
Council not to be essential to public traffic circulation and available for
vacation;
The grant of substitute right-of-way which has a value as a right-of-way at
least equal to that right-of-way to be vacated; and
The resulting benefit to the community of the project requiring the vacation
outweighs the appraised value of the right-of-way to be vacated.
Kurtzman’s 1st addition to Pasco was platted in 1889. Street rights -of-way were
reduced through the vacation process (Ordinance No. 3371 in August 1999); a
few adjacent alleys were vacated in 2015 (Ordinance Nos. 4215 & 4217) to
address the issue of illegal refuse dumping.
As the alley is unused, does not provide access and was dedicated at no cost to
the City and it can be inferred that it is not essential to public traffic circulation
and is available for vacation without requiring compensation from the affected
owners.
Staff recommends Council approval of the proposed alley right -of-way vacation
ordinance.
Page 110 of 235
Ordinance – VAC 2022-001 Campbell Alley - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING THE NORTH-SOUTH ALLEY OF BLOCK 2 KURTZMAN’S 1ST
ADDITION TO PASCO, WAIVING AN APPRAISAL, COMPENSATION, AND
TITLE REPORT.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate a right-of-way; and
WHEREAS, a petition has been submitted to the City for vacation of the north-south alley
of Block 2 Kurtzman’s 1st Addition to Pasco by owners of more than 2/3 of the properties abutting
the alley to be vacated per PMC Section 12.40.020; and
WHEREAS, on April 4, 2022, pursuant to PMC Section 12.40.040, the City passed
Resolution 4168 setting a public hearing for the proposed vacation; and
WHEREAS, a survey is not required, pursuant to PMC Section 12.40.110, where the land
sought to be vacated is sufficiently known to the City that an accurate legal description of the
proposed vacation can be known with certainty; and
WHEREAS, the City Council previously waived the requirement for a survey in
Resolution 4168 upon making a finding that the land sought to be vacated is sufficiently known to
the City that an accurate legal description of the proposed vacation is known with certainty; and
WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the
public hearing on vacation of the public right-of-way; and
WHEREAS, the City held a public hearing on the proposed vacation on May 2, 2022; and
WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report,
an appraisal of value, and compensation unless waived by the City Council; and
Page 111 of 235
Ordinance – VAC 2022-001 Campbell Alley - 2
WHEREAS, pursuant to PMC Section 12.40.120(2), the City Council may waive the
requirement for a title report, an appraisal of value, and compensation if the Council has previously
determined that the right-of-way is not essential to public traffic circulation and is available for
vacation; and
WHEREAS, the City Council finds that the alley is currently unused, does not provide
public access, is not essential to public traffic circulation and is therefore available for vacation
without requiring a title report, appraisal, or compensation; and
WHEREAS, the City Council may approve a street vacation upon making findings
pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right of way will not adversely
affect traffic accessibility and circulation within the immediate area or within the City as a whole;
is not contemplated or needed for future use; no abutting property will become landlocked or have
access substantially impaired; and the public needs shall not be adversely affected and the vacation
will provide a public benefit or serve a public purpose; and
WHEREAS, the City Council finds, pursuant to PMC Section 12.40.070(1)-(4), that the
vacation of the right of way will not adversely affect traffic accessibility and circulation within the
immediate area or within the City as a whole; is not contemplated or needed for future use; no
abutting property will become landlocked or have access substantially impaired; and the public
needs shall not be adversely affected and the vacation will provide a public benefit and serve a
public purpose.
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That a portion of right-of-way, as depicted in “Exhibit A” be and the same is
hereby vacated;
The north-south alley of Block 2 Kurtzman’s 1st Addition to Pasco.
Together with and subject to easements, reservations, covenants and restrictions of
record and in view.
Contains .13 acres, more or less.
Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City
of Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 3. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
Page 112 of 235
Ordinance – VAC 2022-001 Campbell Alley - 3
Section 4. That pursuant to PMC Chapter 12.40, the City Council hereby waives the
requirements for an appraisal, title report, and compensation for the vacated right-of-way.
PASSED by the City Council of the City of Pasco, Washington this _____ day of
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: __________________________
Page 113 of 235
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Streets Applicant: Ronney G.
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance - Rezone; Columbia Riverwalk I-1 to C-1 (Z 2022-002)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: April 13, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, approving a Rezoning to Binding
Site Plan No. 2008-03 from I-1 to C-1, and, further, authorize publication by
summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
On April 13, 2022, the the Hearing Examiner held a public hearing to consider a
request to rezone property located between South 23rd and South 25th
Avenues and south of West “A” Street in Pasco, Washington from I -1 (Light
Industrial) to C-1 (Retail Business).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
Page 117 of 235
V. DISCUSSION:
Applicant is seeking to rezone the property to C-1 to allow for the construction of
a restaurant/coffee shop and a leisure spot high enough to observe the river with
easy access to the river walk path and park. The C-1 zoning would allow for
restaurant/coffee shop and leisure spot uses.
This property provides the opportunity for development which will benefit from
the proximity and/or access to the Columbia River.
The proposed rezone is in conformance with the Comprehensive Plan as
Council approved an update to the Comprehensive Plan last year designating
the site “Mixed Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-
1, O, and Waterfront zoning and may be developed with single-family dwellings,
patio homes, townhouses, apartments and condominiums, as well as
neighborhood shopping and specialty centers, business parks, service and office
uses.
Page 118 of 235
Ordinance – Rezone Z 2022-002 - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED BETWEEN SOUTH 23RD AND SOUTH 25TH
AVENUES AND SOUTH OF WEST “A” STREET, PASCO WASHINGTON
FROM I-1 TO C-1
WHEREAS, Rigoberto Rangel representing Tri-Cities Engineering, PLLC acting on
behalf of petitioner Columbia River Walk, LLC, seeks to rezone a parcel located between South
23rd and South 25th Avenues and south of West “A” Street in Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the
City and, after notice was issued under the PMC Section 25.210.040, an open record hearing was
conducted by the Pasco Hearing Examiner upon such petition on the April 13, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development are adequately mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances, and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC 25.210.030; the Hearing Examiner developed the above
findings in accordance with the PMC Section 25.210.060 and has recommended to approve the
rezone, which findings and recommendation are hereby adopted by the City Council and the
Hearing Examiner Report is hereby incorporated by this reference as Exhibit A.
Page 119 of 235
Ordinance – Rezone Z 2022-002 - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from I-1
Light Industrial) to C-1 (Retail Business), for the real property as shown in Exhibit B attached
hereto and described as follows:
Binding Site Plan 2008-03, Section 36, Township 9 North, Range 29 East, W.M.
records of Franklin County, Washington (Parcel No. 119740014).
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this ____ day of
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published _____________________
Page 120 of 235
CITY OF PASCO HEARINGEXAMINER
INTHE MATTER OF ) RECOMMENDED FINDINGSOF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2022-002
Columbia Riverwalk, LLC
THIS MATIER having come on for hearing in frontof the City of Pasco Hearing Examiner on April
13, 2022, the Hearing Examiner having taken evidence hereby submits the following Recommended
Findings of Pact, Recommended Conclusions of Law, and Recommended Decision as follows:
I.RECOMMENDED FINDINGS OF FACT
1.PROPERTY/ APPLICATION DESCRIPTION:
1.1 Legal: Binding Site Plan 2008-03, Section 36, Township 9 North, Range 29 East,
W .M. records of FranklinCounty, Washington (Parcel 119740014 ).
l.2 General Location: Generally situated between South 23rd and South 25th Avenues
and south of West "A" Street in Pasco, WA.
1.3 Property Size: 1.69 acres (73,594.72 square feet).
1.4 Applicant: Tri-Cities Engineering c/o Rigoberto Rangel, 5804 Rd 90 Suite D, Pasco,
WA 99301.
1.5 Request: Rezone Columbia Riverwalk LLC from1-1 to C-1
2.ACCESS: The parcels have access fromWest "A" Street.
3.UTILITIES: Existing water and sewer utilities in West "A" Street.
4.LAND USE AND ZONING: The lot is zoned 1-1 (light Industrial) and is vacant.
Surrounding properties are zoned and developed as follows:
NORTH: 1-1/C-3 -Cemetery/Commercial
EAST: 1-1 -Industrial Uses
SOUTH: 1-1 -USACE Levee/Sacagawea Trail
WEST: 1-1 -City of Pasco Park
5.COMPREHENSIVE PLAN: The Comprehensive Plan was recently updated and approved
by the City Council. The lots are now designated "Mixed Residential/Commercial." The
Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1, and 0, as
well as Waterfrontzoning. This Land Use designation allows a combination of mixed-use
residential and commercial in the same development, and uses may include single-family
dwellings, patio homes, townhouses, apartments, and condominiums, neighborhood shopping
and specialty centers, business parks, service and officeuses. Residential densities may range
between 5 to 29 dwelling units per acre.
Z 2022 002
Columbia Riverwalk, LLC
Page 1 of 7
Page 121 of 235
6.ENVffiONMENTALDETERMINATION: The City ofPasco is the lead agency forthjs
project. Based on the State Environmental Policy Act ("SEPA") checklist, Comprehensive
Plan, applicable regulations, and other information, a threshold determination resulting in a
Determination ofNon-Significance (DNS) was issued on March 14, 2022 forthis project
under WAC 197-11-158.
7.REQUEST: Rigoberto Rangel, on behalf of Tri-Cities Engineering, has submitted an
application to rezone Parcel 119740014, located between South 23rd and South 25th Avenues
and south of West "A" Street, from 1-1 (Light Industrial) to C-1 (Retail Business). Applicant
anticipates developing a restaurant/coffeeshop and "a leisure spot high enough to observe the
river" with easy access to the river walk path and park.
8.SITE: The site has frontageaccess on West "A" Street and contains approximately 1.69 acres
73,594.72 square feet). South 20th Avenue, located approximately 1,000 feetto the east, is an
arterial street. The recently updated Comprehensive Plan has designated the site "Mixed
Residential/ Commercial." The "Mixed Residential/Commercial" designation allows for R-1
through R-4, C-1, 0, and Waterfront zoning and may be developed with a combination of
mixed-use residential and commercial in the same development, including single-family
dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29
dwelling units per acre, as well as neighborhood shopping and specialty centers, business
parks, service and officeuses. The rezone request and its intended use are consistent with the
Comprehensive Plan Land Use Map designation.
9.IDSTORY: The site was annexed into the City (Ordinance 1050) and zoned for industrial
uses (Ordinance 1049) in 1962. Later the property was designated as "Open Space/Nature"
due to its proximity to the Columbia River. In 1996, a Comprehensive Plan Amendment
passed which resulted in a designation change to "Mixed Residential." The City has recently
approved a major update to its Comprehensive Plan. The revised Land Use Element of the
approved Plan designated the site "Mixed Residential/Commercial." The Applicant is seeking
to rezone the property to C-1 to allow for the construction of a restaurant/coffee shop and a
leisure spot high enough to observe the river with easy access to the river walk path and park.
The C-1 zoning would allow for restaurant/coffee shop and leisure spot uses. Thispropertyprovidestheopportunityfordevelopmentwhichwillbenefitfromtheproximityand/
oraccesstotheColumbiaRiver. At the time of development the City will requirefullimprovement
of right-of-way including curb, gutter, and sidewalk. The site is located on a
collector street. South 20th Avenue, located approximately 1,000 feetto the east, is an arterial
street. In 2021, RLR Cultural Resources LLC prepared a survey report for the Columbia
River Walk Apartments project (SEPA2020-033). ]nthat report, the consultant recommended
that a cultural resource monitor be present forany additional subsurface excavation within the
project area (RLR Report 2020-522-51, pp. 35). Because the proposed project area is located
within the boundary of site 45FR11, a monitoring permit from Department of Archaeology
and Historic Preservation (DAHP) will be required.
10.REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.210.030. The criteria are listed below as follows:
10.l The date the existing zone became effective:
10.1.1 The site was annexed into the City (Ordinance 1050) and zoned forindustrial
uses (Ordinance 1049) in 1962.
Z 2022 002
Columbia Riverwalk, LLC
Page 2 of7
Page 122 of 235
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 City Council approved an update to the Comprehensive Plan this year; The
Land Use Element of the Plan now designates the site "Mixed
Residential/Commercial."
10.2.2 The Applicant has developed apartment buildings to the east ofthe site.
10.2.3 The "Mixed Residential/Commercial" designation allows for R-1 through R-
4, C-1, 0, and Waterfront zoning and may be developed with single-family
dwellings, patio homes, townhouses, apartments and condominiums, as well
as neighborhood shopping and specialty centers, business parks, service and
officeuses.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 The rezone application and proposal are consistent with the Pasco
Comprehensive Plan, which has been determined to be in the best interest of
advancing public health, safety, and general welfareofthe community. The
rezone would allow for neighborhood shopping and specialty centers,
business parks, service and office uses m the "Mixed
Residential/Commercial" designated area.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 A change in zoning classification would likely result in the development of
commercial uses, which are appropriate for this area, in alignment with the
Land Use Element ofthe Comprehensive Plan.
10.4.2 The rezone application is consistent with and meets the intent of the newly
revised and approved goals and policies ofthe Comprehensive Plan.
10.5 The effecton the property owner or owners ifthe request is not granted:
10.5.1 Ifthe property remains with the current zoning designations the parcel would
either remain vacant, overgrown, and continue to attract nuisance activities,
or be developed with industrial uses consistent with the current zoning, but
inconsistent with the updated Comprehensive plan.
10.6 The Comprehensive Plan land use designation forthe property:
10.6.1 The City Council has recently approved an update to the Comprehensive
Plan; The Land Use Element of the Plan now designates the site "Mixed
Residential/Commercial."
10.6.2 The "Mixed Residential/Commercial" designation allows forR-1 through R-
4, C-1, 0, and Waterfront zoning and may be developed with single-family
dwellings, patio homes, townhouses, apartments and condominiums, as well
as neighborhood shopping and specialty centers, business parks, service and
officeuses.
10.7 Such other information as the Hearing Examiner requires:
10.7.1 In 2021, RLR Cultural Resources LLC prepared a survey report for the
Columbia River Walk Apartments project (SEPA 2020-033). In that report,
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the consultant recommended that a cultural resource monitor be present for
any additional subsurface excavation within the project area (RLR Report
2020-522-51, pp. 35). Because the proposed project area is located within the
boundary of site 45FR1 l, a monitoring permit from Department of
Archaeology and Historic Preservation (DAHP) will be required.
10.7.2 The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals. The opportunity foradditional
commercial uses in this area supports the Land Use Element of the
Comprehensive Plan.
11.Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on March 21, 2022.
12.The site is located between South 23rd and South 25th Avenues and south of West "A"
Street.
13.The site bas frontageaccess on West "A" Street.
14.West "A" Street is a collector street at this location.
15.South 20th Avenue is approximately 1,000 feetto the east.
16.South 20th Avenue is an arterial street.
17. The rezone request and its intended use are consistent with the Comprehensive PlanLandUseMapdesignation.
18.The C-1 zoning would allow for restaurant/coffeeshop and leisure spot uses.
19.This property provides the opportunityfordevelopment which will benefitfromthe
proximity and/or access to the Columbia River.
20.At the time of development the City will require fullimprovement of right-of-wayincludingcurb, gutter, and sidewalk.
21.A survey report for the Columbia River Walk Apartments project (SEPA 2020-033) was
prepared in 2021.
22.In that report, the consultant recommended that a cultural resource monitor be present forany
additional subsurface excavation within the project area (RLR Report 2020-522-51, pp. 35).
23.The proposed project area is located within the boundary of site 45FR1 1.
24.A monitoring pennit fromDepartment of Archaeology and Historic Preservation (DAHP)
will be required for any subsurface excavation within the project area.
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Page 4 of 7
Page 124 of 235
25.An open record public hearing afterdue legal notice was held April 13, 2022 via
videoconference.
26.Appearing and testifying on behalf of the applicant was Rigoberto Rangel. Mr. Rangel
testified that he was the agent forthe property owner and Applicant. He testified about their
development plans for the property.
27.No member ofthe public appeared at thehearing.
29.The staffreport, application materials, agency comments and the entire file of record were
admitted into the record.
30.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
Il. RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
fromwhich to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1.The proposal is in accordance with the goals and policies of the Comprehensive Plan. City
Council approved an update to the Comprehensive Plan this year; The Land Use Element of
the Plan now designates the site "Mixed Residential/Commercial."
2.The "Mixed Residential/Commercial" designation allows forR-1 through R-4, C-1, 0, and
Waterfront zoning and may be developed with single-family dwellings, patio homes,
townhouses, apartments and condominiums, as well as neighborhood shopping and specialty
centers, business parks, service and officeuses.
3.The proposal also aligns with the following Comprehensive Plan Goals and Policies:
3.1 Land Use Policy LU-4-A: Encourage infilland higher densityuses within proximity
to major travel con-idorsand public transportation service areas.
3.2 Land Use Policy LU-4-C: Encourage the development ofwalkable communities by
increasing mixed-use ( commercial/residential) developments that provide households
with neighborhood and commercial shopping opportunities.
3.3 Land Use Policy LU-6-B: Promote efficientand functional neighborhood level and
major commercial centers to meet community demand.
3.4 Land Use Policy LU-7-B: Conformto the adopted goals and policies ofthe Shoreline
Master Program as partofthis Comprehensive Plan.
3.5 Economic Development Policy ED-1-D: promote tourism and recreational
opportunities.
3.6 Economic Development Policy ED-1-E: Recognize that infrastructure, including
transportationand utility planning, is vital to economic development and attracting
businesses.
3.7 Economic Development Policy ED-1-F: Support and encourage
residential/commercial mixed-use developments that provide neighborhood shopping
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Columbia Riverwalk, LLC
Page 5 of7
Page 125 of 235
and services and promote walkable neighborhoods.
3.8 Economic Development Policy ED-2-E: Periodically assess the adequacy of the
supply of vacant and re-developable lands in the City limits and the UGA, especially
commercial and industrially zoned land.
3.9 Economic Development Policy ED-3-A: Enhance compatibility of commercial and
industrial development with residential and mixed-use neighborhoods with
appropriate landscaping, screening, building and design standards,
3.10 Economic Development Policy ED-3-C: Provide appropriate access through a
combination ofpathways, sidewalks, non-motorized travel lanes and parking.
4.The effectof the proposal on the immediate vicinity will not be materially detrimental.
5.The Comprehensive Plan hasrecently been updated forthe area and the Land Use Element of
the Plan now designates the site "Mixed Residential/Commercial."
6.The "Mixed Residential/Commercial" designation allows forR-1 through R-4, C-1, 0, and
Waterfrontzoning and may be developed with single-familydwellings, patio homes,
townhouses, apartments and condominiums, as well as neighborhood shopping and specialty
centers, business parks, service and officeuses.
7.The application forrezone is consistent with the Comprehensive Plan Land Use ElementforthesiteandmeetstheintentoftheGoalsandPoliciesfortheproperty. The proposal will not
be materially detrimental to the immediate vicinity.
8.There is merit and value in the proposal forthe community as a whole.
9.The proposed rezone application is consistent with the Comprehensive Plan Land Use Map
and the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537).
l 0.The Comprehensive Plan has recently been updated forthe area and now designates the site
Mixed Residential/Commercial."
11.The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1, 0, and
Waterfront zoning and may be developed with single-familydwellings, patio homes,
townhouses, apartments and condominiums, as well as neighborhood shopping and specialty
centers, business parks, service and officeuses.
12.Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
13.The rezone application and anticipated projectare subject to the regulations and requirements
of the Pasco Municipal Code and the City ofPasco Designand Construction Standards. The
Design and Construction Standards require a Traffic Study for proposals that generate 25 or
more peak hour trips. Upon Project Application, mitigation will likely include the following:
13.1 An inadvertent discovery protocol must be established for the potential discovery of
cultural or historical artifacts beforeor during improvements/construction.
13.2 A monitoring permit fromDepartment of Archaeology and Historic Preservation
DAHP) will be required forany subsurface excavation within the project area.
14. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
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Columbia Riverwalk, LLC
Page 6 of7
Page 126 of 235
ID. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that Binding Site Plan 2008-03, Section 36, Township 9 North,
Range 29 East, W.M. records of Franklin County, Washington (Parcel 119740014), located between
South 23rd and South 25th Avenues and south of West "A" Street in Pasco, WA be rezoned from I-1
Light Industrial) to C-1 (Retail Business).
Dated this 14th day of April, 2022.
Z 2022 002
Columbia Riverwalk, LLC
Page 7 of 7
Page 127 of 235
COLUMBIA RIVERCOLUMBIA RIVERW A
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
DATE: WEDNESDAY, 13 April 2022
6:00 PM
1
MASTER FILE #: Z 2022-002
APPLICANT: Tri-Cities Engineering c/o Rigoberto Rangel
5804 Rd 90 Suite D.
Pasco, WA 99301
REQUEST: REZONE: Columbia Riverwalk LLC I-1 to C-1
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Binding Site Plan 2008-03, Section 36, Township 9 North, Range 29 East, W.M.
records of Franklin County, Washington (Parcel 119740014).
General Location: Generally situated between South 23rd and South 25th Avenues and
south of West “A” Street in Pasco, WA.
Property Size: 1.69 acres (73,594.72 square feet).
2. ACCESS: The parcels have access from West “A” Street.
3. UTILITIES: Existing water and sewer utilities in West “A” Street.
4. LAND USE AND ZONING: The lot is zoned I-1 (light Industrial) and is vacant. Surrounding
properties are zoned and developed as follows:
NORTH: I-1/C-3 Cemetery/Commercial
EAST: I-1 Industrial Uses
SOUTH: I-1 USACE Levee/Sacagawea Trail
WEST: I-1 City of Pasco Park
5. Comprehensive Plan: The Comprehensive Plan has recently been updated and approved
by City Council; the lots have been designated “Mixed Residential/Commercial.” The
Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1, and O, as
well as Waterfront zoning; this Land Use designation allows a combination of mixed-use
residential and commercial in the same development, and uses may include single-family
dwellings, patio homes, townhouses, apartments, and condominiums, neighborhood
shopping and specialty centers, business parks, service and office uses. Residential
densities may range between 5 to 29 dwelling units per acre.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan,
applicable regulations, and other information, a threshold determination resulting in a
Page 129 of 235
2
Determination of Non-Significance (DNS) was issued on March 14, 2022 for this project
under WAC 197-11-158.
ANALYSIS
Request
Rigoberto Rangel, on behalf of Tri-Cities Engineering, has submitted an application to rezone
Parcel 119740014, located between South 23rd and South 25th Avenues and south of West “A”
Street, from I-1 (Light Industrial) to C-1 (Retail Business). Applicant anticipates developing a
restaurant/coffee shop and “a leisure spot high enough to observe the river” with easy access to
the river walk path and park.
Site
The site has frontage access on West “A” Street and contains approximately 1.69 acres (73,594.72
square feet). South 20th Avenue, located approximately 1,000 feet to the east, is an arterial street.
The recently updated Comprehensive Plan has designated the site “Mixed Residential/
Commercial.” The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1,
O, and Waterfront zoning and may be developed with a combination of mixed-use residential
and commercial in the same development, including single-family dwellings, patio homes,
townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre, as
well as neighborhood shopping and specialty centers, business parks, service and office uses. The
rezone request and its intended use are consistent with the Comprehensive Plan Land Use Map
designation.
History
The site was annexed into the City (Ordinance 1050) and zoned for industrial uses (Ordinance
1049) in 1962. Later the property was designated as “Open Space/Nature” due to its proximity
to the Columbia River. In 1996, a Comprehensive Plan Amendment passed which resulted in a
designation change to “Mixed Residential.” The City has recently approved a major update to its
Comprehensive Plan. The revised Land Use Element of the approved Plan designated the site
Mixed Residential/Commercial.”
Applicant is seeking to rezone the property to C-1 to allow for the construction of a
restaurant/coffee shop and a leisure spot high enough to observe the river with easy access to
the river walk path and park. The C-1 zoning would allow for restaurant/coffee shop and leisure
spot uses.
This property provides the opportunity for development which will benefit from the proximity
and/or access to the Columbia River. At the time of development the City will require full
improvement of right-of-way including curb, gutter, and sidewalk. The site is located on a
Page 130 of 235
3
collector street. South 20th Avenue, located approximately 1,000 feet to the east, is an arterial
street.
In 2021, RLR Cultural Resources LLC prepared a survey report for the Columbia River Walk
Apartments project (SEPA2020-033). In that report, the consultant recommended that a cultural
resource monitor be present for any additional subsurface excavation within the project area
RLR Report 2020-522-51, pp. 35). Because the proposed project area is located within the
boundary of site 45FR11, a monitoring permit from Department of Archaeology and Historic
Preservation (DAHP) will be required.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC 25.210.030.
The criteria are listed below as follows:
1. The date the existing zone became effective:
The site was annexed into the City (Ordinance 1050) and zoned for industrial uses (Ordinance
1049) in 1962.
2. The changed conditions, which are alleged to warrant other or additional zoning:
City Council approved an update to the Comprehensive Plan this year; The Land Use Element of
the Plan now designates the site “Mixed Residential/Commercial.”
Applicant has developed apartment buildings to the east of the site.
The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1, O, and
Waterfront zoning and may be developed with single-family dwellings, patio homes, townhouses,
apartments and condominiums, as well as neighborhood shopping and specialty centers, business
parks, service and office uses.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
The rezone application and proposal are consistent with the Pasco Comprehensive Plan, which
has been determined to be in the best interest of advancing public health, safety, and general
welfare of the community. The rezone would allow for neighborhood shopping and specialty
centers, business parks, service and office uses in the “Mixed Residential/Commercial” designated
area.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
A change in zoning classification would likely result in the development of commercial uses., which
are appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan.
The rezone application is consistent with and meets the intent of the newly revised and approved
goals and policies of the Comprehensive Plan.
5. The effect on the property owner or owners if the request is not granted:
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4
If the property remains with the current zoning designations the parcel would either remain
vacant, overgrown, and continue to attract nuisance activities, or be developed with industrial
uses consistent with the current zoning, but inconsistent with the updated Comprehensive plan.
6. The Comprehensive Plan land use designation for the property
The City Council has recently approved an update to the Comprehensive Plan; The Land Use
Element of the Plan now designates the site “Mixed Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1, O, and
Waterfront zoning and may be developed with single-family dwellings, patio homes,
townhouses, apartments and condominiums, as well as neighborhood shopping and specialty
centers, business parks, service and office uses.
7. Such other information as the Hearing Examiner requires
In 2021, RLR Cultural Resources LLC prepared a survey report for the Columbia River Walk
Apartments project (SEPA 2020-033). In that report, the consultant recommended that a cultural
resource monitor be present for any additional subsurface excavation within the project area (RLR
Report 2020-522-51, pp. 35). Because the proposed project area is located within the boundary
of site 45FR11, a monitoring permit from Department of Archaeology and Historic Preservation
DAHP) will be required.
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and
City Council Goals. The opportunity for additional commercial uses in this area supports the Land
Use Element of the Comprehensive Plan.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from
the background and analysis section of the staff report. The Hearing Examiner may add additional
findings to this listing as the result of factual testimony and evidence submitted during the open
record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property
and posted in the Tri-City Herald on March 21, 2022.
2. Applicant has submitted an application to rezone Parcel 119740014, from I-1 (Light
Industrial) to C-1 (Retail Business).
3. Applicant anticipates developing a restaurant/coffee shop and “a leisure spot high
enough to observe the river” with easy access to the river walk path and park.
4. The site is located between South 23rd and South 25th Avenues and south of West “A”
Street.
5. The site has frontage access on West “A” Street
6. West “A” Street is a collector street at this location.
7. South 20th Avenue is approximately 1,000 feet to the east.
8. South 20th Avenue is an arterial street.
9. The site contains approximately 1.69 acres.
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5
10. The recently updated Comprehensive Plan has designated the site “Mixed Residential/
Commercial.”
11. The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1, O, and
Waterfront zoning.
12. The “Mixed Residential/Commercial” designation may be developed with a combination
of mixed-use residential and commercial in the same development, including single-
family dwellings, patio homes, townhouses, apartments and condominiums as well as
neighborhood shopping and specialty centers, business parks, service and office uses.
13. The rezone request and its intended use are consistent with the Comprehensive Plan
Land Use Map designation.
14. The site was annexed into the City and zoned for industrial uses in 1962.
15. The site was designated as “Open Space/Nature” due to its proximity to the Columbia
River.
16. In 1996, a Comprehensive Plan Amendment passed which resulted in a designation
change to “Mixed Residential.”
17. The City has recently approved a major update to its Comprehensive Plan. The revised
Land Use Element of the approved Plan designated the site “Mixed
Residential/Commercial.”
18. Applicant is seeking to rezone the property to C-1 to allow for the construction of a
restaurant/coffee shop and a leisure spot high enough to observe the river with easy
access to the river walk path and park.
19. The C-1 zoning would allow for restaurant/coffee shop and leisure spot uses.
20. This property provides the opportunity for development which will benefit from the
proximity and/or access to the Columbia River.
21. At the time of development the City will require full improvement of right-of-way
including curb, gutter, and sidewalk.
22. a survey report for the Columbia River Walk Apartments project (SEPA 2020-033) was
prepared in 2021.
23. In that report, the consultant recommended that a cultural resource monitor be present
for any additional subsurface excavation within the project area (RLR Report 2020-522-
51, pp. 35).
24. The proposed project area is located within the boundary of site 45FR11.
25. A monitoring permit from Department of Archaeology and Historic Preservation (DAHP)
will be required for any subsurface excavation within the project area.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop
findings of fact from which to draw its conclusions based upon the criteria listed in PMC
25.210.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
City Council approved an update to the Comprehensive Plan this year; The Land Use Element of
the Plan now designates the site “Mixed Residential/Commercial.”
Page 133 of 235
6
the “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1, O, and
Waterfront zoning and may be developed with single-family dwellings, patio homes, townhouses,
apartments and condominiums, as well as neighborhood shopping and specialty centers,
business parks, service and office uses.
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel
corridors and public transportation service areas.
Land Use Policy LU-4-C: Encourage the development of walkable communities by increasing
mixed-use (commercial/residential) developments that provide households with neighborhood
and commercial shopping opportunities.
Land Use Policy LU-6-B: Promote efficient and functional neighborhood level and major
commercial centers to meet community demand.
Land Use Policy LU-7-B: Conform to the adopted goals and policies of the Shoreline Master
Program as part of this Comprehensive Plan.
Economic Development Policy ED-1-D: promote tourism and recreational opportunities.
Economic Development Policy ED-1-E: Recognize that infrastructure, including transportation
and utility planning, is vital to economic development and attracting businesses.
Economic Development Policy ED-1-F: Support and encourage residential/commercial mixed-use
developments that provide neighborhood shopping and services and promote walkable
neighborhoods.
Economic Development Policy ED-2-E: Periodically assess the adequacy of the supply of vacant
and re-developable lands in the City limits and the UGA, especially commercial and industrially
zoned land.
Economic Development Policy ED-3-A: Enhance compatibility of commercial and industrial
development with residential and mixed-use neighborhoods with appropriate landscaping,
screening, building and design standards,
Economic Development Policy ED-3-C: Provide appropriate access through a combination of
pathways, sidewalks, non-motorized travel lanes and parking.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan has recently been updated for the area and the Land Use Element of
the Plan now designates the site “Mixed Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1, O, and
Waterfront zoning and may be developed with single-family dwellings, patio homes, townhouses,
apartments and condominiums, as well as neighborhood shopping and specialty centers,
business parks, service and office uses.
The application for rezone is consistent with the Comprehensive Plan Land Use Element for the
site and meets the intent of the Goals and Policies for the property. The proposal will not be
materially detrimental to the immediate vicinity.
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7
3. There is merit and value in the proposal for the community as a whole.
The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and
the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537)
The Comprehensive Plan has recently been updated for the area and now designates the site
Mixed Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1, O, and
Waterfront zoning and may be developed with single-family dwellings, patio homes, townhouses,
apartments and condominiums, as well as neighborhood shopping and specialty centers,
business parks, service and office uses.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The rezone application and anticipated project are subject to the regulations and requirements
of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design
and Construction Standards require a Traffic Study for proposals that generate 25 or more peak
hour trips. Upon Project Application, mitigation will likely include the following:
a) An inadvertent discovery protocol must be established for the potential discovery of
cultural or historical artifacts before or during improvements/construction.
b) A monitoring permit from Department of Archaeology and Historic Preservation (DAHP)
will be required for any subsurface excavation within the project area.
5. A Concomitant Agreement should be entered into between the City and the petitioner,
and if so, the terms and conditions of such an agreement.
A concomitant agreement would not be required in this circumstance.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions that Binding Site Plan 2008-03,
Section 36, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington
Parcel 119740014), located between South 23rd and South 25th Avenues and south of West “A”
Street in Pasco, WA be rezoned I-1 (Light Industrial) to C-1 (Retail Business).
Page 135 of 235
COLUMBIA RIVERCOLUMBIARIVER
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S 22ND AveS 23RDAveS
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AveS 26TH Ave0 140280
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140 280 420 56070 Feet Vicinity Map SITE Item: Rezone -
River Walk Commercial I-1 to C-1 Applicant:
Rigoberto Rangel, c/o
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S 22ND AveS 23RDAveS
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River Walk Commercial I-1 to C-1 Applicant:
Rigoberto Rangel, c/o
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River Walk Commercial I-1 to C-1 Applicant:
Rigoberto Rangel, c/o
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COLUMBIA RIVERCOLUMBIARIVER
W A St
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280 420 56070 Feet Comp Plan Map SITE Item: Rezone -
River Walk Commercial I-1 to C-1 Applicant:
Rigoberto Rangel, c/o
Looking North from West “A” St.
Looking Northeast from West “A” St.
Looking East from West “A” St.
Looking Southeast from West “A” St.
Looking South from West “A” St.
Looking Southwest from West “A” St.
Looking West from West “A” St.
Looking Northwest from West “A” St.
Looking North from Trail
Looking Northeast from Trail
Looking East from Trail
Looking Southeast from Trail
Looking South from Trail
Looking Southwest from Trail
Looking West from Trail
Looking Northwest from Trail
I, I Cityof
ii 11i Pasco Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.34 99
DETERMINATION OF NON-SIGNIFICANCE
Optional DNS Process)
Issuance Date: 11 March 2022
Project Name: River Walk Commercial 1-1 to C-1 Site Development Rezone
Project Number: SEPA 2022-018 / Z 2022-002
Proponent:
Applicant:
COLUMBIA RIVER WALK LLC
2326 W. A. ST.
Pasco, WA 99301
Rigoberto Rangel, c/o Tri-Cities Engineering PLLC
5804 Rd 90 Suite D
Pasco, WA 99301
Description of Proposal: Rezone (Z 2022-002) of approximately 1.81 acres from 1-1 to C-
l with the intent to build a single building, with commercial spaces for future coffee
shop(s) and a restaurant with views of the river and easy access to the public river walk
paths along the Columbia River.
Location of Proposal:
General Location: Said property is situated south of West "A" Street and adjacent City of
Pasco Sacagawea Heritage Trail Park between South 23rd and South 25th Avenues in
Pasco, WA.
Legal: Binding Site Plan 2008-03, Section 36, Township 9 North, Range 29 East, W.M.
records of Franklin County, Washington (Parcel 119740014).
Likely Mitigation Upon Project Application:
1.A professional archaeological survey of the project area be conducted and a report
be produced prior to ground disturbing activities, meeting DAHP's Standards for
Cultural Resource Reporting.
2.A traffic impact analysis (TIA) by a licensed traffic engineer at the proponent's
expense, analyzing the impacts to the West "A" Street/South 20th Avenue
intersection.
3.Mitigation to offset the impacts (if any) as identified in the traffic impact analysis.
Page 157 of 235
Lead Agency: City of Pasco
The City of Pasco, acting as lead agency for this proposal, has determined that it does not
have a probable significant adverse impact on the environment. An environmental impact
statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. This DNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the DNS. Appeals must be filed within 10 days of this determination.
ResponsibleOfficial:
Rick White, Community & Economic Development Director
Address: PO Box 293, Pasco, WA 99301-0293
Phone: (509) 545-3441
Appeals: You may appeal this determination of non-significance by submitting an appeal
to the address below no later than 10 days from issuance. The appeal must be in written
form, contain a concise statement of the matter being appealed and the basic rationale
for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to
file a timely and complete appeal shall constitute a waiver of all rights to an administrative
appeal under City code. All comments or appeals are to be directed to the City of Pasco
Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White.
Page 158 of 235
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Resolution - Facts of Finding for Single Room Occupancy (SRO) Housing
Moratorium
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, adopting findings relating to
the OccuSingleprohibitingmoratoriumRoom andHousing (SRO) pancy
conversion thereto in the City of Pasco pending study of impacts and best
development practices and policy.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Pursuant to Ordinance No. 4425 passed on February 19, 2019, the City of Pasco
made provision in the Pasco Municipal Code (PMC) Chapter 25.162 for the siting
of Single Room Occupancy (SRO) housing in the C-1 (Retail Business), C-2
Central Business District) and C-3 General Business Districts.
As of April 2022, three separate hotel conversions have been issued conditional
use permits, and two of the three have been issued building permits for the
physical conversion into SRO's. All are vested under the current regulations.
On March 7, 2022, the Pasco City Council adopted Resolution No. 4158,
declaring a moratorium prohibiting permitting SRO housing and conversion
thereto, in the City of Pasco, pending the study of SRO impacts and best
development practices and policies.
Page 159 of 235
Resolution No. 4185 states the initial SRO Moratorium shall be for six (6)
months, expiring on the 7th day of September 2022, unless otherwise terminated
or extended.
A public hearing was conducted on April 18, 2022, at the City Council Chambers
of City Hall to hear evidence and consider the comments and testimony of those
wishing to speak regarding the issue. No public comments were expressed.
V. DISCUSSION:
There are a variety of factors that may benefit from evaluation for the
development of SRO housing, including:
Assessment of current development standards
Study of anti-displacement strategies and tenant protective measures
Coordination with Visit Tri-Cities, Lodging Tax Advisory Committee, and
regional housing stakeholders
Consideration within the Pasco Housing Action and Implementation Plan
and the Tri-Cities Consolidated Plan
Staff proposes that this issue be coordinated and addressed as a component of
the Housing Capacity Plan.
Approval of the proposed Resolution will allow the Moratorium to continue in
effect until September 7, 2022.
Staff will provide a summary of any actions for Council consideration before the
expiration of the Moratorium.
Page 160 of 235
Resolution - Moratorium – SRO - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ADOPTING FINDINGS RELATING TO THE MORATORIUM PROHIBITING
PERMITTING SINGLE ROOM OCCUPANCY (SRO) HOUSING AND
CONVERSION THERETO IN THE CITY OF PASCO PENDING STUDY OF
IMPACTS AND BEST DEVELOPMENT PRACTICES AND POLICY
WHEREAS, pursuant to Ordinance No. 4425 passed on February 19, 2019, the City of
Pasco made provision in the Pasco Municipal Code (PMC) Chapter 25.162 for siting SRO
facilities in its C-1 (Retail Business), C-2 (Central Business District), and C-3 (General Business
District); and
WHEREAS, the purpose of Ordinance No. 4425 was to address non-compliance of
certain public nuisance properties, while also providing for low-income housing for City
residents; and
WHEREAS, SROs have historically provided low-income housing to both men and
women dating back to the 19th Century; and
WHEREAS, the City of Pasco sees the potential for real impact to the City’s homeless
populations, but lacks current information necessary to ensure that best practices in terms of
development and SRO policy are utilized to reach the greatest number of residents; and
WHEREAS, the City has identified appropriate zones in which to locate SROs, but
currently lacks codes, regulations, and policies which could best effectuate the original intent
behind Ordinance No. 4425; and
WHEREAS, SRO housing policies include a range of broad topics warranting review of
the Department of Housing and Urban Development (HUD) rules and regulations relating to
policy limits, to ensure equal and fair treatment of all SRO residents in the City of Pasco; and
WHEREAS, the City adopted Resolution No. 4158 on March 7, 2022, declaring a
moratorium which prohibited the permitting and conversion of additional SRO units; and
WHEREAS, the City is undertaking a housing capacity plan process that will analyze a
variety of issues and options directly relating provision of housing and housing
affordability and include the opportunity for further public comment and input; and
WHEREAS, the City conducted a public hearing on the SRO Moratorium on April 18,
2022, to consider public comments relating to this Moratorium at which no comments were
received;
Page 161 of 235
Resolution - Moratorium – SRO - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, hereby resolves as follows:
Section 1. Moratorium Continued. The Moratorium established through Resolution
No. 4158 is hereby extended to allow for the City to conduct a study on SRO’s impacts and best
practices in terms of development standards and housing policy.
Section 2. Term of Moratorium. The Moratorium shall expire six (6) months from
the date of its authorization by the City Council unless further extended, pursuant to RCW
35A.63.220, by the City Council of the City of Pasco.
Section 3. Findings.
A. The impacts to the City due to the application of SROs could be significant on
the City’s roads and traffic system;
B. There may also be parking implications that would have impacts on the City;
C. SROs may also affect residential and commercial neighborhoods in the City;
and
D. The City needs time to evaluate the impacts and to address them in terms of
potential regulations of SROs and intends to analyze the same during conduct
of the process for the Housing Capacity Plan beginning in mid - year 2022.
Section 4. Effective Date. Resolution No. 4158 shall remain in effect for six (6)
months, expiring on the 7th day of September 2022, unless otherwise terminated or extended.
PASSED by the City Council of the City of Pasco, Washington, this 2nd day of May,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 162 of 235
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Resolution - Broadmoor Tax Increment Financing (TIF)
I. REFERENCE(S):
Draft Resolution
TIF Projects List
Broadmoor Improvements Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, declaring Pasco City
Council's intent to form a Tax Increment Area in the Broadmoor area.
III. FISCAL IMPACT:
Minimal cost to conduct the TIF Project Analysis referenced below.
IV. HISTORY AND FACTS BRIEF:
The City has been working with Bob Stowe of Stowe Development & Strategies
to assist in implementing and initiating development within the Broadmoor area
consistent with the City’s planning and economic development goals and
interests. As a result of a new State law created in 2021, cities, counties, and
ports in Washington State may now utilize Tax Increment Financing (TIF) to
financially support infrastructure improvements (e.g., streets, water and sewer
systems, sidewalks, parking facilities, stormwater systems, park or community
facilities, and brownfield mitigation) necessary for private development,
providing for jobs and additional tax revenue. Council is familiar with this
mechanism through the Port of Pasco’s recent enactment of a TIF at the
Riemann Industrial Center. In the Broadmoor area, a TIF can be an important
tool allowing the City to make targeted infrastructure investments to spur
economic development that will benefit Pasco and the region.
Page 163 of 235
Mr. Stowe along with Briahna Murray, of Gordon Thomas Honeywell
Governmental Affairs, provided City Council with a brief overview of Tax
Increment Financing (TIF) at the Council workshop of April 25, 2022.
As part of the TIF presentation, Mr. Stowe reviewed with Council the proposed
resolution (attached) declaring the Council’s intent to form a Tax Increment Area
TIA) for the Broadmoor site. Passage of the proposed resolution will allow the
TIF process to continue, including preparation of a comprehensive TIF Project
Analysis that by statue, requires review by the State Treasurer. Final action on
the formation of a TIA would occur following the adoption by Council of an
ordinance and based on satisfactory review of the TIF Project Analysis as to
feasibility. Subject to a positive TIA analysis, the TIA ordinance is anticipated to
be presented to Council in September 2022 for consideration.
V. DISCUSSION:
The proposed resolution sets forth the planning and economic development
benefits that can be achieved by utilizing TIF to fund and build key infrastructure
necessary to support the desired private development within the Broadmoor
area. The proposed resolution will specifically accomplish the following:
1. Directs the City Manager to develop a TIF program for the Broadmoor
area and prepare an ordinance for Council consideration to form a TIA in
accordance with state law; and
2. Supports the identified preliminary TIF infrastructure projects (map
attached) and recognizes that such projects (list attached) may be refined
as part of the City’s TIF Project Analysis; and
3. Initiates the preparation of the comprehensive TIF Project Analysis and
review by the State Treasurers Office.
During the discussion on this matter at the April 25, 2022, Workshop Meeting,
there seemed to be consensus on formation of a TIF designation within the
Broadmoor area.
Staff recommends approval of the proposed resolution by Council, declaring
their intent to form the TIA.
Page 164 of 235
Resolution – Tax Increment Area - 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
DECLARING ITS INTENT TO FORM A TAX INCREMENT AREA IN THE
BROADMOOR AREA
WHEREAS, for many years the City has been studying, evaluating, designing and
completing key infrastructure improvements to enable a mixed use development within the
Broadmoor area; and
WHEREAS, Broadmoor Properties, LLC owns over 400 acres of property that is being
planned for mixed use development and is in need of substantial infrastructure improvements to
support the desired development; and
WHEREAS, the Broadmoor area has the opportunity, if built, to serve as a significant
economic engine for the Pasco community providing for increased tax revenues to support City
services and providing significant employment opportunities for the residents of the City; and
WHEREAS, the Washington State Legislature, during its 2021 legislative session, enacted
Engrossed Substitute House Bill 1189 as Chapter 207, Laws of 2021, titled "AN ACT Relating to
tax increment financing" and codified as RCW 39.114, which authorizes local governments,
including cities, to carry out tax increment financing of public improvements needed to support
vital private economic development projects; and
WHEREAS, Tax Increment Financing (TIF) is a program that allocates revenues
generated from the increased assessed valuation of properties improved by the development that
are within a designated tax increment area (TIA) to pay for public improvements that are needed
to support the private development; and
WHEREAS, City management has identified the key preliminary TIF infrastructure
improvements in Exhibit A (shown as City TIF Projects) that have been identified at this time as
outside of a developer’s ability to fund and achieve the desired development based on market
conditions necessary to accommodate commercial and mixed-use tenants; and
WHEREAS, the key preliminary TIF Projects have been estimated to cost approximately
24 million to $30 million to construct; and
WHEREAS, Broadmoor Properties, LLC will be dedicating approximately 24.3 acres of
land for the identified TIF Projects resulting in an average value range between $5,292,540 to
10,585,080 in project benefit; and
WHEREAS, City management and Broadmoor Properties, LLC have developed and
agreed upon the infrastructure responsibilities as shown in Exhibit A for each party necessary to
achieve the desired development; and
Page 165 of 235
Resolution – Tax Increment Area - 2
WHEREAS, City management anticipates bringing forward for Council consideration an
agreement between the City and Broadmoor Properties, LLC that memorializes the infrastructure
improvement responsibilities provided in Exhibit A; and
WHEREAS, the TIF law requires the City to prepare a Project Analysis when considering
forming a TIA which includes the following key items:
Boundaries and duration of the increment area.
A description of the expected private development within the increment area,
including a comparison of scenarios with and without proposed public
improvements (AKA the “But-for” analysis – the development would not occur
but-for” the public improvements).
A description of the public improvements, estimated public improvement costs, and
the estimated amount of bonds or other obligations expected to be issued.
Assessed value of real property within the increment area and an estimate of the
increment value and tax allocation revenues expected.
Estimate of the job creation reasonably expected to result from the public
improvements and the private development.
An assessment of any impacts and necessary mitigation to address impacts on the
following:
Affordable and low-income housing
Local business community
Local school districts
Local fire service; and
WHEREAS, the Project Analysis is expected to be completed by the end of May 2022 and
then submitted to the State Treasurer as required by TIF law, allowing the Treasurer 90 days to
review the analysis; and
WHEREAS, the City will conduct public briefings on the proposed TIA to inform the
community and other public agencies about the anticipated benefits and impacts associated with
the development; and
WHEREAS, the City Council will consider adoption of an Ordinance in September 2022
creating a TIA following any comments by the State Treasurer and testimony resulting from the
public briefings; and
WHEREAS, the City has created several preliminary development scenarios based on the
type and timing of development that may occur within the proposed Broadmoor TIA in which even
the most modest development scenario and timing would generate revenues (Exhibit B) sufficient
to support the necessary infrastructure improvements needed to support the private development;
and
WHEREAS, the City anticipates issuing LTGO (no-voted) tax exempt bonds to pay for
the identified infrastructure projects based on the additional TIA revenues from the Broadmoor
development; and
Page 166 of 235
Resolution – Tax Increment Area - 3
WHEREAS, LTGO bonds pledge the City’s tax revenues as a guarantee to receive the
best possible tax-exempt terms, and the City can pay debt service associated with these bonds with
any non-restricted tax revenue such as sales tax; and
WHEREAS, to mitigate the City’s exposure related to the timing and scope of private
development and the projected TIA property tax revenues, the City will schedule the timing of any
bond debt issuance to coincide with certain development milestones (e.g., property closings,
entitlements obtained, etc.) that near term developments will move forward (if infrastructure
improvements are made by the City) providing for greater development certainty and additional
tax revenue beyond property taxes to help pay for any debt service; and
WHEREAS, as part of the above-mentioned Project Analysis, the City will refine the
projected TIA revenues, conduct a “but-for” analysis, coordinate with the other taxing entities, and
complete other items required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council directs the City Manager to develop a TIF program for the
Broadmoor area and prepare an Ordinance for Council’s consideration to form a TIA in accordance
with state law.
Be It Further Resolved that the City Council supports the preliminary infrastructure
projects that are identified as described in Exhibit A and recognizes that such projects may be
refined as part of the City’s TIF Analysis.
PASSED by the City Council of the City of Pasco, Washington, the 2nd day of May, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM
Debra Barnham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 167 of 235
Broadmoor Area Tax Increment Financing (TIF) Projects
Corridors
1. Sandifur Parkway – Bedford Street to Road 108
This work will consist of:
Road widening of the existing road from Bedford Street to Broadmoor Blvd.
Full road construction, including but not limited to, as much as 7-lanes of roadway and frontage
improvements on the north including curb/gutter, stormwater, sidewalk, street lighting and
landscaping and Curb/gutter and stormwater on the south side from Broadmoor Blvd. to Road
103.
Construction of a core road, including but not limited to, as much as 3-lanes of asphalt road
surface (toe-to-toe of curb) from Road 103 to Road 108.
Construction of domestic water main, sanitary sewer main, and Irrigation main improvements
will be included within this corridor from Broadmoor to Road 108.
2. Broadmoor Boulevard – Interstate 182 to Burns Road
This work will consist of:
Road widening of the existing road, west side only, including the addition of as much as 7-lanes
of asphalt roadway, curb/gutter, stormwater, muti-use pathway, and the relocation of existing
streetlights from interstate 182 to Sandifur Parkway.
Road widening of the existing road, west side only, including the addition of as much as 7-lanes
of asphalt roadway, curb/gutter, stormwater, muti-use pathway, street lighting, and
landscaping from Sandifur Parkway to Buckingham Road.
Road widening of the existing road, west side only, including the addition of as much as 5-lanes
of asphalt roadway, curb/gutter, stormwater, muti-use pathway, street lighting, and
landscaping from Buckingham Road to Burns Road.
Utility adjustments of the existing utilities will be included in this corridor from Interstate 182 to
Burns Road.
3. Road 108 – Harris Road to Sandifur Parkway
This work will consist of:
Construction of a core road, including but not limited to, as much as 3-lanes of asphalt road
surface (toe-to-toe of curb) from Harris Road to Sandifur Parkway.
Construction of domestic water main, sanitary sewer main, and Irrigation main improvements
will be included within this corridor from Harris Road to Sandifur Parkway.
Interstate Associated Improvements
4. Interchange Improvements - Interstate 182 @ Road 100
This work will consist of:
Improvements to the existing interchange including construction of an eastbound off-ramp and
intersection along with restriping.
A second phase shall include bike/ped facilities connecting north to south.
Intersections
5. Burns Road / Broadmoor Boulevard
This work will consist of:
Full improvements to the existing intersection including signalization, widening, curb/gutter,
sidewalk with ADA ramps, street lighting, striping, and landscaping.
Page 168 of 235
Utility extension and/or adjustments of the existing utilities will be included within this
intersection.
This intersection will have participation in cost from other developers through a separate
participation technical memorandum, prepared by the City’s consultant.
6. Buckingham Drive / Broadmoor Boulevard
This work will consist of:
Full improvements to the existing intersection including signalization, widening on the west
side, curb/gutter, stormwater, sidewalk with ADA ramps, street lighting, striping, and
landscaping.
Utility extension and/or adjustments of the existing utilities will be included within this
intersection.
The signalization will be provided by Broadmoor Properties, LLC.
7. Sandifur Parkway / Broadmoor Boulevard
This work will consist of:
Full improvements to the existing intersection including signalization, widening, curb/gutter,
sidewalk with ADA ramps, street lighting, striping, and landscaping.
Utility extension and/or adjustments of the existing utilities will be included within this
intersection.
8. Sandifur Parkway / Road 108
This work will consist of:
Construction of a "core" roundabout that includes all the asphalt necessary to extend 2' past
the proposed final toe-of-curb/gutter. This effort will also include temporary gravel shoulder
drainage swale as well as striping and lighting as well as the full construction of a center truck
apron and landscaped feature and entry delineators including curb/gutter and internal
surfacing as determined.
Frontage improvements including curb/gutter, sidewalk, stormwater, and landscaping will be
completed by the parcel owner at the time of development.
Construction of domestic water main, sanitary sewer main, and Irrigation main improvements
will be included within this intersection.
9. Sandifur Parkway / Road 103
This work will consist of:
Construction of a full intersection including signalization, widening, curb/gutter, stormwater,
sidewalk with ADA ramps, street lighting, striping, and landscaping.
Construction of domestic water main, sanitary sewer main, and Irrigation main improvements
will be included within this intersection.
The signalization will be provided by Broadmoor Properties, LLC.
10. Road 108 / Road 103
This work will consist of:
Construction of a core intersection, including but not limited to, as much as 3-lanes of asphalt
road surface (toe-to-toe of curb).
Construction of domestic water main, sanitary sewer main, and Irrigation main improvements
will be included within this intersection.
Stop control determined at time of design.
Page 169 of 235
Page 170 of 235
AGENDA REPORT
FOR: City Council April 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Purchase and Sale Agreement - City Purchase of Thunderbird Motel
I. REFERENCE(S):
Resolution
Purchase and Sale Agreement with the Woo's Corporation
First Amendment to Purchase and Sale Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, authorizing the Purchase
of property located at 414 West Columbia Street, Pasco, WA, and further,
authorize the City Manager to execute the closing documents.
III. FISCAL IMPACT:
Purchase Price $1,200,000 - General Fund
IV. HISTORY AND FACTS BRIEF:
Through negotiation, and as part of the City's downtown redevelopment strategy,
it was determined by the City of Pasco to purchase the property at 414 West
Columbia Street, also known as the Thunderbird Motel. The Thunderbird Motel
ownership were willing sellers as the it an aging structure, beyond its useful life
cycle, and the renovation of which is impractical and not economically feasible.
Acquisition of the property allows for the potential to mitigate off-street public
parking eliminated through the Peanuts Park/Farmers Market Renovation, in a
location ideally proximate to the renovated park, nearby businesses, and several
other properties prime for redevelopment. The size of the parcel would also allow
for a portion of it to be available for redevelopment in the future.
Page 171 of 235
A Purchase and Sale Agreement was executed subject to City Council approval
with Woo's Corporation , owner of the property, on March 24, 2022. Following
the due diligence phase which has now closed, the property purchase is
scheduled to close with the City taking possession on May 3, 2022.
V. DISCUSSION:
Staff recommends approval of the Resolution ratifying the Purchase and Sale
Agreement for the purchase of 414 West Columbia Street, Pasco, WA as it
advantageous to the City and meets Council's goals.
Page 172 of 235
Resolution – PSA for 414 W. Columbia St. – 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT 414
WEST COLUMBIA STREET, PASCO, WASHINGTON
WHEREAS, in March 2022, the City of Pasco became aware that the property located at
414 Columbia Street, Pasco, WA (“Property”) was for sale; and
WHEREAS, the City Council has determined that the purchase of the Property is
satisfactory to the goals and budget for the City of Pasco, and the purchase of the Property is
advantageous to the City; and
WHEREAS, through further discussion and the need to act on this opportunity quickly,
the City and Woo’s Corporation, owner of the Property, negotiated the purchase price; and
WHEREAS, Woo’s Corporation authorized the sale of the Property for the amount of one
million, two hundred thousand dollars ($1,200,000); and
WHEREAS ¸ the City appropriated funding for purchase in the amount of the negotiated
price; and
WHEREAS, the City reviewed the Purchase and Sale Agreement and all associated
exhibits attached thereto, and
WHEREAS ¸ the City and Woo’s Corporation executed a Purchase and Sale Agreement
PSA) on March 24, 2022 pending Council approval, with a closing date of May 25, 2022; attached
hereto as Exhibit A; and
WHEREAS, the City and Woo’s Corporation executed an Amendment to the PSA on
April 23, 2022, moving the closing date to May 2, 2022; attached hereto as Exhibit B; and
WHEREAS, the City and Woo’s Corporation will need execute a Second Amendment to
the PSA; attached hereto as Exhibit C, moving the closing date to May 3, 2022 to accommodate
Council approval at their meeting on the evening of May 2, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council hereby ratifies the Purchase and Sale Agreement (PSA), Exhibit A,
executed on March 24, 2022, the First Amendment to the PSA, Exhibit B, on April 23, 2022. The
City Council also authorizes the City Manager to execute the Second Amendment to the PSA,
Exhibit C, amending the closing date to May 3, 2022, for the purposes of purchasing the Property,
and
Page 173 of 235
Resolution – PSA for 414 W. Columbia St. – 2
Be It Further Resolved that the City Manager is hereby authorized to execute all
documents necessary for this property purchase.
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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First Amendment To
Purchase & Sale Agreement
Commercial Brokers Association 2011
ALL RIGHTS RESERVED
CBA Form PSA | Addendum to PSA | Rev. 1/2011
Page |1 1
The following is part of the Purchase and Sale Agreement dated March 22, 2022 (the
Agreement”) between City of Pasco (“Buyer”) and Woo’s Corporation (“Seller”) for the
commercial real estate and all improvements thereon commonly known as 414 W. Columbia St., in
the City of Pasco, Franklin County, Washington (the “Property”).
IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS:
Seller to close and cease all operations effective 5 pm on 4.25.22.
Buyer to tour property and secure site and all rooms on 4.26.22.
Seller to have access to 3 rooms for the purpose of selling any personal property.
Buyer to have until 4 pm on 4.30.22 to sell &/or remove any personal property.
Closing date to be on 5.2.22 subject to walk through and approval of vacant status by Buyer.
All fines imposed on Seller for “continued nuisance” conditions to be forgiven if Seller complies
with all timeframes as written.
The words “Subject to Exhibit B (1)” are hereby added to the end of Section 20.
Section 30 of the contract is removed from the contract.
The words “Subject to Exhibit B (1)” are hereby added to the end of Section 34.
In Exhibit B, Item 3: Shuttered to be defined as closed for operations as well as fully vacated by
the Seller and any and all other parties. Property should also be secured and/or have all windows
and doors covered.
Buyer’s Due Diligence is hereby satisfied.
Buyer Date
Seller Date
CBA Text Disclaimer: Text deleted by licensee indicated by strike.
New text inserted by licensee indicated by small capital letters.
DocuSign Envelope ID: 21B3456A-75F9-49A0-AFC7-3CD95F7522D8
4/23/2022
4/23/2022
Page 191 of 235
Second Amendment To
Purchase & Sale Agreement
Commercial Brokers Association 2011
ALL RIGHTS RESERVED
CBA Form PSA | Addendum to PSA | Rev. 1/2011
Page |1 1
The following is part of the Purchase and Sale Agreement dated March 22, 2022 (the
Agreement”) between City of Pasco (“Buyer”) and Woo’s Corporation (“Seller”) for the
commercial real estate and all improvements thereon commonly known as 414 W. Columbia St., in
the City of Pasco, Franklin County, Washington (the “Property”).
IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS:
Closing date to be 5.3.22
Buyer Date
Seller Date
CBA Text Disclaimer: Text deleted by licensee indicated by strike.
New text inserted by licensee indicated by small capital letters.
Page 192 of 235
AGENDA REPORT
FOR: City Council April 19, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 5/2/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Drinking Water State Revolving Fund - Funding Agreement
for West Pasco Water Treatment Improvements Phase 2
I. REFERENCE(S):
Resolution
Loan Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, authorizing execution of a
9.75 million dollar loan agreement with the Washington State Department of
Health (WPWTP) PlantTreatmentWatertheWestfor (WSDOH) Pasco
Expansion Phase II project.
III. FISCAL IMPACT:
Incur debt of $9.75 million for improvements to the WPWTP through a low -
interest loan program, or at market interest rates through a revenue bond.
IV. HISTORY AND FACTS BRIEF:
The City has been awarded a $9,753,258.92 low -interest loan to partially fund
the design and construction of the West Pasco Water Treatment Plant (WPWTP)
Improvements Project, Phase II. The loan is administered by the Washington
State Department of Health (WSDOH) as part of their Drinking Water State
Revolving Fund program. The loan has a 20-year term with an effective interest
rate of 1.75%. An incentive to expeditious delivery of projects is included in the
terms of the agreement. Projects delivered within 24 months of execution of the
agreement have a reduced interest rate of 1.25%. The loan fee is 1% and is
included in the loan amount.
Since July 2020, City staff and consultant, RH2 Engineering, have been working
on the design of the proposed upgrades for the WPWTP Expansion Project No.
Page 193 of 235
16008. These expansion upgrades were earlier identified in the Comprehensive
Water System Plan (CWSP), approved by the WSDOH and adopted by the City
Council in 2019.
The planned expansion of the WPWTP will include improvements to the raw
water intake, pre-treatment system, residuals handling system, backup power
system, high service pumps, and additional membrane-filtration units. These
improvements are planned for incremental expansion from the existing plant
capacity of 6 million gallons per day (MGD), to 12 MGD and then to an ultimate
production capacity of 18 MGD. The overall expansion will be achieved in three
phases:
WP WTP Improvements Phase 1, is under construction. This phase
provides for the installation of new filters and backwash equipment. This
is a necessary project to reach the 12MGD of treatment capacity for this
plant, yet this phase on its own does not have the ability to supply said
source capacity into the distribution system.
WP WTP Improvements Phase 2, currently at 60% design, provides for
the plant’s ability to divert 12MG of raw water from the river and then pump
the treated 12MGD into the existing water distribution system. The project
is anticipated to advertised to bids in the summer of 2022.
WP WTP Improvements Phase 3, anticipated to begin design in late
2022, and construction in 2023, provides resiliency for the system, with
the installation of additional pumps, generator(s), and other emergency
backup components to ensure firm capacity at 12MGD.
The total estimated cost of the Phase II project is currently $11.7M. The
remaining cost of the project, beyond the WSDOH loan, will be covered by ARPA
Funds as previously authorized by Council.
V. DISCUSSION:
A major advantage to the City and ratepayers to acceptance of the low interest
loan is that debt service will be far less expensive than through a traditional utility
revenue bond at market rates. In comparison to the 1.75% interest rate
potentially 1.25%) offered through the Drinking Water State Revolving Fund
program, market rates on a revenue bond would be in the 4-5% range, perhaps
higher in the very near future, with additional costs associated for issuance far
exceeding the aforementioned 1% loan fee required of the State Revolving Fund
Loan.
Debt service is an annual operational cost supported by utility rates and
associated revenues, leveraging low-interest loans such as the one proposed
through the Drinking Water State Revolving Fund Program benefits City utility
ratepayers by helping to keep rates lower.
Page 194 of 235
Staff recommends approval of the $9.7M Drinking Water State Revolving Fund
Loan from the Washington State Department of Health for the WPWTP
Expansion Project, Phase II.
Page 195 of 235
Resolution – WA ST DOH Loan Agreement for WPWTP Expansion – Page 1
RESOLUTION NO. _______
A RESOLUTION AUTHORIZING EXECUTION OF A $9.75 MILLION
LOAN AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF
HEALTH (WSDOH) FOR THE WEST PASCO WATER TREATMENT PLANT
WPWTP) IMPROVEMENTS PHASE II PROJECT.
WHEREAS, the WPWTP Expansion Project is a multi-phase project that will increase
treatment capacity and improve resiliency and redundancy of the potable water system for Pasco;
and
WHEREAS, Phase II is currently at 60% design and will provide the plant the ability to
divert 12MG of raw water and subsequently pump the treated 12MG into the existing water
distribution system; and
WHEREAS, to help fund these improvements, the City applied for and received a
9,753,258.92 low interest State Revolving Fund (SRF) loan from the WSDOH; and
WHEREAS, the loan agreement has a term of 20-years, interest rate of 1.75%, and 1%
fee; and
WHEREAS, to make the Washington State Department of Health loan funds available,
execution of the attached Loan Agreement is required.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco hereby authorizes the City Manager for the City
of Pasco to sign the Loan Agreement with the Washington State Department of Health, a copy of
which is attached hereto and incorporated herein by this reference as Exhibit A; and to make
minor substantive changes as necessary for final execution of the Agreement by the Washington
State Department of Health; and
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 May
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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March 31, 2022
City of Pasco
Attn: Maria Serra
525 North 3rd Avenue
PO Box 293
Pasco, WA 99031
RE: Loan Contract Number: DWL27107
Dear Maria Serra;
Enclosed is the Drinking Water State Revolving Fund Loan Contract Number identified above for your signature. The
Loan Contract details the terms and conditions that will govern the agreement between us, which includes the project's
Scope of Work as a formal attachment. Failure to return the contracts within 60 calendar days of the date of this letter may
result in your loan offer being withdrawn.
Review, print and sign the document. Once signatures are obtained, scan and return by email to
dohcon.mgmt@doh.wa.gov or print and sign a hard copy, and return the originals to us for full execution.
Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of
Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both
state and federal requirements.
A non-refundable one-percent loan administration fee will be collected at contract execution (If applicable), including any
subsequent amendments where funds are added. The loan amount may be modified to include an amount sufficient to
cover the one-percent loan administration fee. In most cases, the fee will be collected in full at contract execution. Please
review the terms and conditions of the Loan Contract and all attachments carefully for details.
A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your
registration in the System for Award Management at www.sam.gov.
Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not
suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors,
subcontractors, engineers, architects, consultants, and equipment vendors . The Exclusion Report can be accessed at
www.sam.gov. Failure to provide this required certification may result in termination of your loan contract.
After the Loan Contracts have been signed by the Department or its designee, one fully executed original w ill be returned
to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as
well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred
within the contract period of performance, and which have supporting documentation such as receipts or bills.
We are looking forward to working with you over the course of this project. If you have any questions about this Loan
Contract, please contact me.
Sincerely,
Dennis Hewitt
DOH Contract Manager
360-236-3017
Dennis.Hewitt@doh,wa,gov
Enclosures:
ATTACHMENT I: SCOPE OF WORK (PROJECT)
ATTACHMENT II: ATTORNEY'S CERTIFICATION
ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS
ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS
ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES
Page 197 of 235
Version History
Date Revision(s) Version
05-15-2018 Original - developed via a team of the
DWSRF Grant and Loan Unit
Supervisor, the DOH Office of
Drinking Water Finance Director, the
DOH Office of Contracts and
Procurement Technical and Policy
Advisor, and DOH’s Financial Services
Assistant Attorney General.
1
Washington State Department of Health
DWSRF Municipal
Loan Boilerplate
May 2018
Page 198 of 235
DWL27107 City of Pasco Page 1 of 31 DWSRF Loan Contract (Municipal) v1
1. CONTRACT FACE SHEET
2021-3997 Loan Number: DWL27107
Washington State Department of Health (DOH)
Drinking Water State Revolving Fund (DWSRF)
Municipal
1. Borrower 2. Borrower Doing Business As (optional)
City of Pasco
525 North 3rd Avenue - PO Box 293
Pasco, WA 99031
3. Borrower Type
Construction Loan
4. Borrower’s Statutory Authority
5. Borrower Contract Manager Information 6. DOH Contract Manager
Maria Serra 509.544.4125
Serram@pasco-wa.gov
Dennis Hewitt
P.O. Box 47822
Olympia, WA 98504-7822
360.236.3017
Dennis.Hewitt@doh.wa.gov
7. Project Name
West Pasco Treatment Plant Improvements
8. Loan 9. Funding Source 10. Start Date 11. End Date
Amount: $9,753,258.92
Loan Fee: $96,556.92
Interest Rate:1.75%
Federal: State:
Other: DOE 10/01/2042
12. Federal Funding Agency Environmental Protection Agency
Catalogue of Federal Assistance (CFDA) Number 66.468
13. Borrower Tax ID #
91-1983815
14. SWV #
000716400-00
15. Borrower UBI #
113-000-052
16. Borrower DUNS #
070972799
17. Contract Purpose
DOH and the party identified above as Borrower, hereafter referred to as BORROWER, have entered into this
contract to fund the project identified above that furthers the goals and objectives of the DOH DWSRF Program.
The project will be done by the BORROWER as described in the scope of work and this contract. The rights and
obligations of the parties are governed by this contract and the following documents incorporated by reference:
General Terms and Conditions including Declarations; Attachment I: Scope of Work (Project); Attachment II
Attorney's Certification; Attachment III: Federal and State Requirements; Attachment IV: Disadvantaged Business
Enterprise Requirements; Attachment V: Certification Regarding Debarment, Suspension, and Other Responsibility
Matters; Attachment VI: DWSRF Eligible Project Costs; and Attachment VII: Labor Standard Provisions for
Subrecipients that are Governmental Entities. By the signature below, the parties acknowledge and accept the
terms of this contract.
FOR CONTRACTOR FOR DOH
SIGNATURE AND DATE SIGNATURE and DATE
NAME and TITLE NAME and TITLE
APPROVED AS TO FORM ONLY
Bob Ferguson, Attorney General
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DWL27107 City of Pasco Page 2 of 31 DWSRF Loan Contract (Municipal) v1
2. TABLE OF CONTENTS
1. CONTRACT FACE SHEET
2. TABLE OF CONTENTS
3. DECLARATIONS
3.1. BORROWER INFORMATION
3.2. PROJECT INFORMATION (PROJECT)
3.3. CONTRACT COMMUNICATION
3.4. LOAN INFORMATION
3.5. FUNDING INFORMATION
3.6. SPECIAL TERMS AND CONDITIONS
4. GENERAL TERMS AND CONDITIONS
4.1. AUTHORITY
4.2. FULL AGREEMENT
4.3. ORDER OF PRECEDENCE
4.4. LOAN AMOUNT
4.5. LOAN FEE
4.6. LOAN TERM
4.7. INTEREST RATE
4.8. LOAN FORGIVENESS
4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION
4.10. TIME OF PERFORMANCE
4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT
4.12. LOAN PAYMENTS
4.13. LOAN DEFAULT
4.14. LOAN SECURITY
4.15. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS AND WAIVERS
4.16. AMERICAN IRON AND STEEL
4.17. ATTORNEY’S FEES
4.18. BONUS AND COMMISSION PAYMENTS NOT ALLOWED
4.19. COMPLIANCE
4.20. DISPUTES
4.21. ELIGIBLE PROJECT COSTS
4.22. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM
4.23. FINANCIAL AUDIT
4.24. GOVERNING LAW AND VENUE
4.25. HISTORICAL AND CULTURAL REQUIREMENTS
4.26. INDEMNIFICATION
4.27. INDUSTRIAL INSURANCE REQUIREMENTS
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DWL27107 City of Pasco Page 3 of 31 DWSRF Loan Contract (Municipal) v1
4.28. LITIGATION
4.29. NONDISCRIMINATION
4.30. PREVAILING WAGE
4.31. PROCUREMENT
4.32. PROHIBITION STATEMENT
4.33. PROJECT SIGNS
4.34. PUBLICITY
4.35. RATES AND RESERVES
4.36. RECAPTURE
4.37. RECORDKEEPING AND ACCESS TO RECORDS
4.38. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM)
4.39. SEVERABILITY
4.40. SUBCONTRACTING
4.41. SURVIVAL
4.42. TERMINATION FOR CAUSE
4.43. TERMINATION OR SUSPENSION FOR CONVENIENCE
4.44. TERMINATION PROCEDURES
4.45. WORK HOURS AND SAFETY STANDARDS
ATTACHMENT I SCOPE OF WORK (PROJECT)
ATTACHMENT II ATTORNEY’S CERTIFICATION
ATTACHMENT III FEDERAL AND STATE REQUIREMENTS
ATTACHMENT IV DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
ATTACHMENT VI DWSRF ELIGIBLE PROJECT COSTS
ATTACHMENT VII LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL
ENTITIES
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DWL27107 City of Pasco Page 4 of 31 DWSRF Loan Contract (Municipal) v1
3. DECLARATIONS
3.1. BORROWER INFORMATION
Legal Name: City of Pasco
Loan Number: DWL27107
Award Year: 2022
State Wide Vendor Number: 000716400
3.2. PROJECT INFORMATION (PROJECT)
Project Title: West Pasco Treatment Plant Improvements
Project Location: Pasco / Franklin County
Project State: Washington
Project Zip Code: 99031
Project Scope of Work (PROJECT): Attachment I, attached hereto and incorporated by reference.
3.3. CONTRACT COMMUNICATION
Communications regarding Contract performance is delegated by each party to its Contract Manager. Either party may
change its Contract Manager by express notice to the other party. Either party may identify on an as needed basis an
alternate Contract Manager to serve during the stated temporary absence of its primary Contract Manager. Notices
between the parties regarding Contract performance must be provided by written communication to the other party’s
Contract Manager. Written communication includes email but not voice mail. Notices are presumed received by the
other party’s Contract Manager upon evidence of delivery between the hours of 8:00 am to 5:00 pm except for state
holidays and weekends.
3.4. LOAN INFORMATION
Loan Amount: $9,753,258.92
Loan Fee (Included in loan amount): 1.0% $96,556.92
Principal Loan Forgiveness %: 0%
Loan Term: 20 years
Interest Rate: 1.75%
Payment Month(s): October 1st <Annually>
Time of Performance:
Notice to Proceed:
48 months from Contract start date (date of last signature) to
Project Completion date.
18 months from Contract start date (date of last signature)
3.5. FUNDING INFORMATION
Total Funds from BORROWER: To be determined
Source(s) of Funds from Borrower, with assigned amounts per source: To be determined
Total State Funds: To be determined
Total Amount of Federal Award (as applicable): To be determined
Total Amount of Loan: $9,753,258.92
Federal Award Date: To be determined
Federal Award ID # (FAIN):
Amount of Federal Funds Obligated by this Action:
To be determined
N/A
3.6. SPECIAL TERMS AND CONDITIONS
Not applicable
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DWL27107 City of Pasco Page 5 of 31 DWSRF Loan Contract (Municipal) v1
4. GENERAL TERMS AND CONDITIONS
DRINKING WATER STATE REVOLVING FUND
MUNICIPAL)
4.1. AUTHORITY
Acting under the authority of Section 1452 of the Safe Drinking Water Act (SDWA) Section 130, RCW 39.34, RCW
43.70.040, and RCW 70.119A.170 the Washington State Department of Health (DOH) has awarded BORROWER a
Drinking Water State Revolving Fund Loan (LOAN) for the project identified in the Declarations (PROJECT). Under
this CONTRACT, BORROWER is a sub-recipient of funds provided by the United States Environmental Protection
Agency (EPA), CFDA Number 66.468, Safe Drinking Water State Revolving Fund.
In some CONTRACT attachments, DOH is referred to as “Lender” and BORROWER is referred to as “Contractor.”
4.2. FULL AGREEMENT
This CONTRACT contains the full agreement of the parties. No other understandings, oral or otherwise, regarding
the subject matter of this CONTRACT exists.
4.3. ORDER OF PRECEDENCE
In the event of an inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order: The order of precedence for terms and conditions under
categories B and C is subject to the proviso that when a contract term or condition appears in more than one
contract document, the more specific contract term or condition shall control if the different contract provisions
cannot be harmonized.
A. Applicable local, state, and federal statutes and regulations
B. Contract amendments
C. The Contract (in this order)
Declarations and Special Terms and Conditions
General Terms and Conditions
Attachments I – VII
4.4. LOAN AMOUNT
DOH, using funds from the Drinking Water Assistance Account, will loan BORROWER a sum not to exceed the
amount shown as LOAN AMOUNT in the Declarations. The LOAN AMOUNT shall not exceed one hundred percent
100%) of the actual eligible PROJECT costs.
4.5. LOAN FEE
If DOH assessed a LOAN FEE, it is shown in the Declarations as LOAN FEE and included in the total LOAN
AMOUNT. The fee (if applicable) is one percent (1%) of the loan request and will not be reduced, regardless of the
final LOAN AMOUNT at PROJECT completion. If the LOAN FEE applies and the total LOAN AMOUNT is
increased by amendment, DOH will assess an additional LOAN FEE equal to one percent (1%) of the additional
LOAN AMOUNT. LOAN FEES are non-refundable.
4.6. LOAN TERM
Unless changed by an amendment, the LOAN TERM will not exceed the period of time shown in the Declarations.
The repayment period for DOH subsidized loans is twenty-four (24) years from this CONTRACT’s start date. The
repayment period for non-DOH subsidized loans is twenty (20) years from this CONTRACT’s start date.
4.7. INTEREST RATE
The interest rate is stated in the Declarations. Interest is per annum on the outstanding principal balance and starts
to accrue from the date DOH releases LOAN FUNDS to BORROWER. If BORROWER completes the PROJECT
within twenty-four (24) months of the CONTRACT start date, DOH will reduce the LOAN INTEREST to one point
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DWL27107 City of Pasco Page 6 of 31 DWSRF Loan Contract (Municipal) v1
two five percent (1.25%) at PROJECT completion. The reduced interest rate will apply to the remaining payments
beginning from the date DOH approves the BORROWER’s Project Completion Report.
4.8. LOAN FORGIVENESS
If the LOAN qualifies for LOAN Forgiveness, the percent of the LOAN balance that DOH will forgive at PROJECT
completion is stated in the Declarations. DOH calculates the amount forgiven when DOH approves the
BORROWER’s Project Completion Report. The amount forgiven will be based on either the LOAN AMOUNT or
BORROWER’s ELIGIBLE PROJECT COSTS, whichever is less, and accrued interest.
4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION
DOH will release LOAN funds to BORROWER to reimburse BORROWER for eligible PROJECT costs. To request
reimbursement, BORROWER must submit a signed and completed invoice using a form provided by DOH. The
invoice must reference the PROJECT activity performed, and include supporting documentation such as bills,
invoices, receipts, and documentation of compliance with CONTRACT requirements as requested by DOH. The
invoice must signed by an official of BORROWER with authority to bind BORROWER.
Invoices must also include a report of the progress made since the last invoice, and the PROJECT status to date.
DOH will not release funds until the PROJECT status report and documentation are approved by DOH. Approval
will not be unreasonably withheld or delayed. After approving the invoice, documentation, and PROJECT status
report, DOH will release funds to BORROWER within thirty (30) days, if BORROWER is not in alleged or actual
breach of CONTRACT.
DOH will withhold ten percent (10%) of LOAN funds until DOH confirms that BORROWER has successfully
completed all steps for PROJECT COMPLETION. The 10% holdback will be available to BORROWER as part of
the last LOAN disbursement.
4.10. TIME OF PERFORMANCE
BORROWER will begin the activities in the PROJECT within thirty (30) calendar days of the CONTRACT start date.
BORROWER will issue a ‘Notice to Proceed’, after the formal award of a construction contract, within eighteen (18)
months of the CONTRACT start date.
BORROWER must reach PROJECT COMPLETION within the TIME OF PERFORMANCE. If there are extenuating
circumstances, BORROWER may request, in writing, at least ninety (90) calendar days prior to the PROJECT
COMPLETION that DOH extend the deadline for PROJECT COMPLETION. At its discretion, DOH may issue an
extension. DOH’s decision is final and not subject to the dispute clause.
If BORROWER does not meet the requirements of this section, it is a breach of CONTRACT, and DOH may
terminate or suspend this CONTRACT.
4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT
The PROJECT Completion Amendment determines the final LOAN AMOUNT and LOAN TERM. When activities in
the PROJECT are complete, BORROWER will start the process for the PROJECT Completion Amendment by
sending DOH the PROJECT Completion Report. In the PROJECT Completion Report., BORROWER will provide
the following information to DOH:
A. A statement of the actual dollar amount spent, from all fund sources, to complete the PROJECT.
B. A statement that all ELIGIBLE PROJECT COSTS have been incurred. Costs are incurred when goods and
services are received and/or contracted work is performed.
C. Evidence showing BORROWER’S compliance with financial the audit requirements of this CONTRACT.
D. An invoice for the remaining ELIGIBLE PROJECT COSTS.
E. Documentation of BORROWER’s compliance with National Historic Preservation Act, 54 USC Subtitle III.
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DWL27107 City of Pasco Page 7 of 31 DWSRF Loan Contract (Municipal) v1
4.12. LOAN PAYMENTS
BORROWER must begin repaying the LOAN no later than one (1) year after the CONTRACT start date. Payments
are due on the first day of the month(s) shown as the PAYMENT MONTH(S) in the Declarations. The first payment
is only the interest accrued at that time. All other payments are principal and interest accrued up to the PAYMENT
MONTH(S).
BORROWER can repay in full the LOAN balance, including fees and repayment of LOAN FUNDS for ineligible project
costs (if any), at any time or make accelerated payments without penalty. The final payment must be on or before the
end of the LOAN TERM.
4.13. LOAN DEFAULT
DOH must receive BORROWER’S payment within thirty (30) calendar days of the due date. Late payments are
delinquent and assessed a monthly penalty on the first (1st) day past the due date. The penalty is one percent (1%)
of the late payment amount per month. Penalty and fees accrue interest at the rate stated as LOAN INTEREST in the
Declarations.
DOH may notify any other entity, creditors, or potential creditors of BORROWER’s delinquency. BORROWER is
responsible for all attorney fees and costs incurred by DOH in any action taken to enforce its rights under this section,
including in any alternative dispute resolution proceeding.
4.14. LOAN SECURITY
LOAN Security is only required if identified in the Declarations. In its sole discretion and if allowed under the EPA
regulations relevant to this Contract, DOH may subordinate its LOAN security to Borrower’s obligations under
existing or future bonds and notes. Nothing in this section releases BORROWER from the obligation to make LOAN
PAYMENTS when due, and to adjust rates, fees, or surcharges as necessary to meet its obligations under this
CONTRACT.
4.15. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS
Amendments, modifications, assignments, and waivers to any of the terms of this CONTRACT supersede, if
applicable, those terms as found in the original CONTRACT, and are not binding unless they are in writing and
signed by representatives authorized to bind each of the parties. Only the authorized representative or their
designee has the express, implied, or apparent authority to alter, amend, assign, modify, or waive any terms of this
CONTRACT.
Neither this CONTRACT nor any claim arising under it may be transferred or assigned by BORROWER without DOH’s
prior written consent. During the LOAN TERM, DOH must approve in advance, any change in ownership of the
water system(s) improved with LOAN FUNDS. DOH may require the LOAN, including fees and ineligible project
costs (if any), be paid in full as a condition of approval.
Nothing in this CONTRACT may be waived unless approved by DOH in writing. No waiver of any default or breach is
implied from any failure to take action upon such default or breach if the default of breach persists or repeats. Waiver
of any default or breach is not a waiver of any subsequent default or breach.
4.16. AMERICAN IRON AND STEEL
None of the LOAN funds can be used for the construction, alteration, maintenance, or repair of a public water
system or treatment works unless all of the iron and steel products used 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.
DOH may waive this requirement if:
A. Compliance would be inconsistent with the public interest; or
B. The particular iron and steel products are not produced in the United States in sufficient and reas onably
available quantities and are not of a satisfactory quality; or
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C. Inclusion of iron and steel products produced in the United States will increase the cost of the overall project by
more than twenty-five (25) percent; and
D. The waiver is approved by the Environmental Protection Agency (EPA).
BORROWER must submit the waiver request to DOH, which will submit it to EPA. The full text of the American Iron
and Steel requirements can be found in H.R. 3547, Consolidated Appropriations Act, 2014, P.L. 113-76, SEC. 436.
4.17. ATTORNEYS’ FEES
Unless expressly stated under another section of the CONTRACT, each party agrees to bear its own attorneys’ fees
and costs for litigation or other action brought to enforce the contract terms.
4.18. BONUS AND COMMISSION PAYMENTS NOT ALLOWED
Funds provided under this CONTRACT cannot be used to pay any bonus or commission to gain approval of the
loan application or any other approval under this CONTRACT. This section does not prohibit paying for bona fide
technical consultants, managerial, or other such services, if payment is for ELIGIBLE PROJECT COSTS.
4.19. COMPLIANCE
BORROWER will comply with all applicable federal, state and local laws, requirements, and ordinances for the
design, implementation, and administration of the PROJECT and this CONTRACT, including but not limited to those
stated in the CONTRACT attachments. BORROWER will provide DOH with documentation of compliance, if
requested.
In the event of BORROWER’s alleged or actual noncompliance with any part of this CONTRACT, DOH may
suspend all or part of the CONTRACT, withhold payments, or prohibit BORROWER from incurring additional
obligations of LOAN FUNDS during the investigation and pending corrective action by BORROWER, or a decision
by DOH to terminate the CONTRACT.
4.20. DISPUTES
Except as otherwise provided in this CONTRACT, when a dispute arises between the parties that cannot be solved
by direct negotiation, either party may request a dispute hearing with the Director of the Office of Drinking Water
the Director), who may designate a neutral person to decide the dispute. The parties will be equally responsible for
any reasonable costs and fees incurred by the neutral.
The party requesting a dispute hearing must:
A. Be in writing;
B. State the disputed issues;
C. State the relative positions of the parties;
D. State BORROWER's name, address, and the CONTRACT number;
E. Provide contact information for the requester’s representative , and,
F. Be mailed to the other party’s (respondent’s) Contract Manager within three (3) working days after the parties
agree that they cannot resolve the dispute.
The respondent must send a written answer within five (5) working days.
In the alternative, the parties can agree to submit a mutual request to the Director, which should include each
party’s response to the other party’s characterization of the dispute.
The Director or designee will review the written statements and reply in writing to both parties within ten (10)
working days. The Director or designee may extend this period if necessary by notifying the parties. The decision on
the dispute is non-binding and is not admissible in any succeeding judicial or quasi-judicial proceeding.
This non-binding dispute process must precede any action in a judicial or quasi-judicial tribunal. Nothing in this
CONTRACT limits the parties from using any mutually acceptable alternate dispute resolution (ADR) method in
addition to or instead of the dispute hearing procedure outlined above.
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4.21. ELIGIBLE PROJECT COSTS
BORROWER will comply with Attachment VI: DWSRF Eligible Project Costs and is responsible for any audit
exceptions or disallowed costs incurred by its own organization or that of its subcontractors.
The purchase of any land necessary for the PROJECT must be included in the PROJECT and be documented with
an appraisal or equivalent market evaluation, if approved by DOH, and a valid purchase and sale agreement.
Construction expenses incurred after the date shown as earliest date for construction reimbursement in the
Declarations are eligible for reimbursement. Requests for reimbursements for costs related to construction activities
will not be accepted until BORROWER has met the following conditions:
A. Completed the State Environmental Review Process (SEPA Review under RCW 43.21C);
B. Complied with all provisions of the National Historic Preservation Act, 54 USC Subtitle III;
C. Complied with Prevailing Wage requirements;
D. Received approval from DOH of the project report and related construction documents for all applicable
activities described in the PROJECT; and
E. Complied with any other LOAN conditions required by DOH.
BORROWER cannot use LOAN FUNDS for any expenses charged by BORROWER against any other contract,
subcontract, or source of funds.
If DOH reimburses BORROWER for costs that are later determined by DOH to be ineligible, BORROWER must
repay these funds to DOH no later than when the BORROWER returns the PROJECT Completion Amendment to
DOH. Prior to final completion, DOH may withhold payment for such costs as allowed under Section 4.36
RECAPTURE. Repayment is subject to interest retroactive to the date of the applicable disbursement by DOH.
4.22. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM
BORROWER warrants that they have not and will not submit to DOH any information that is materially false,
incorrect, or incomplete. Providing false, fictitious, or misleading information with respect to the receipt and
disbursements of LOAN funds is a basis for criminal, civil, or administrative fines and/or penalties. DOH may also
pursue applicable remedies for violations by BORROWER of this section.
4.23. FINANCIAL AUDIT
DOH may require BORROWER to obtain an audit of this PROJECT conforming to Generally Accepted Accounting
Principles (GAAP). BORROWER will maintain its records and accounts to facilitate the audit. BORROWER is
responsible for correcting any audit findings. BORROWER is responsible for any audit findings incurred by its own
organization and/or its subcontractors. DOH reserves the right to recover from BORROWER all disallowed costs
and INELEGIBLE PROJECT COSTS resulting from the audit.
The audit must include a report on compliance, including an opinion (or disclaimer of opinion) about whether the
BORROWER is in compliance with laws, regulations and requirements of this CONTRACT that could have a direct
and material effect on DOH.
BORROWER must send a copy of any required audit per 2 CFR §200.512 to the DOH Contract Manager, no later
than nine (9) months after the end of BORROWER’s fiscal year(s). BORROWER must send any audit corrective
action plan for audit findings and a copy of the management letter, within three (3) months of the audit report.
4.24. GOVERNING LAW AND VENUE
This CONTRACT shall be construed and interpreted according to the laws of the state of Washington, and the
venue of any action brought under the CONTRACT will be in the Superior Court for Thurston County.
4.25. HISTORICAL AND CULTURAL REQUIREMENTS
BORROWER will not conduct or authorize destructive PROJECT planning activities before completing the
requirements of the National Historic Preservation Act, 54 USC Subtitle III. BORROWER will not begin construction
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DWL27107 City of Pasco Page 10 of 31 DWSRF Loan Contract (Municipal) v1
activities, ground disturbance, or excavation of any sort, until BORROWER has complied with all requirements of
the National Historic Preservation Act of 1966, as amended.
If historical or cultural artifacts are discovered during the PROJECT, BORROWER will immediately stop
construction and implement reasonable measures to protect the discovery site from further disturbance, take
reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned
tribe’s cultural staff or committee, Tribal Historical Preservation Officer (THPO), DOH Contract Manager, and the
State's Historical Preservation Officer (SHPO) at the Washington State Department of Archaeology and Historic
Preservation (DAHP). If human remains are uncovered, BORROWER will report the presence and location of the
remains to the local coroner and law enforcement immediately, then contact the concerned tribe’s cultural staff or
committee, DOH Contract Manager, and DAHP.
BORROWER is legally and financially responsible for compliance with all laws, regulations, and agreements related
to the preservation of historical or cultural sites and artifacts and will hold harmless the state of Washington and
DOH in relation to any claim related to historical or cultural sites discovered, disturbed, or damaged as a result of
BORROWER’S and BORROWER’s subcontractors activities.
BORROWER will include the requirements of this section in all contracts for work or services related to the
PROJECT. BORROWER will require that bid documents include an inadvertent discovery plan that meets the
requirements of this section.
4.26. INDEMNIFICATION
BORROWER agrees to defend, indemnify, and hold harmless DOH and the state of Washington for claims arising
out of or incident to BORROWER’S or any BORROWER’S subcontractor’s performance or failure to perform the
CONTRACT. BORROWER’S obligation to indemnify, defend, and hold harmless DOH and the state of Washington
shall not be eliminated or reduced by any actual or alleged concurrent negligence of DOH or its agents, agencies,
employees and officials. BORROWER’S obligation to indemnify, defend and hold harmless DOH and the state of
Washington includes any claim by BORROWER’S agents, employees, officers, subcontractors or subcontractor
employees.
BORROWER waives immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
harmless the state and its agencies, officers, agents or employees.
4.27. INDUSTRIAL INSURANCE COVERAGE
BORROWER will comply with the applicable parts of Title 51 RCW, Industrial Insurance. If BORROWER fails to
provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as required
by law, DOH may collect from BORROWER the full amount payable to the Industrial Insurance Accident Fund.
DOH may deduct the amount owed by BORROWER to the accident fund from the amount payable to BORROWER
by DOH under this CONTRACT, and transmit the deducted amount to the Washington State Department of Labor
and Industries (L&I).
4.28. LITIGATION
BORROWER warrants that there is no threatened or pending litigation, investigation, or legal action before any
court, arbitrator, or administrative agency that, if adversely determined against BORROWER, would have a
materially adverse effect on BORROWER’s ability to repay the LOAN. BORROWER agrees to promptly notify DOH
if any above-referenced actions become known to BORROWER during the pendency of the Contract.
4.29. NONDISCRIMINATION
BORROWER will not discriminate on the basis of race, creed, color, national origin, families with children, sex,
marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any
sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a
disability in the performance of this CONTRACT. BORROWER will comply with all federal and state
nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington’s Law Against Discrimination
and 42 USC 12101 et seq., the Americans with Disabilities Act (ADA), and 40 CFR Part 33 Participation by
Disadvantaged Business Enterprises in US EPA Programs . Failure by BORROWER to carry out these
requirements is a material breach of this CONTRACT. BORROWER is required to include these non-discriminatory
provisions in any contract with a subcontractor.
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DWL27107 City of Pasco Page 11 of 31 DWSRF Loan Contract (Municipal) v1
4.30. PREVAILING WAGE
BORROWER will assure that all contractors and subcontractors performing work funded through this CONTRACT
comply with prevailing wage laws by paying the higher of state or federal prevailing wages . BORROWER is legally
and financially responsible for compliance with the prevailing wage requirements. BORROWER should consult the
United States Department of Labor and Washington State Department of Labor and Industries websites to determine
the federal and State prevailing wages that must be paid.
4.31. PROCUREMENT
BORROWER will comply with all procurement requirements for subcontracting for the PROJECT and for obtaining
PROJECT-related goods and services. BORROWER must maintain records to verify compliance with procurement
requirements.
BORROWER must ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or
services listed in the PROJECT will insert in full, in any contract, the labor standards provisions in Attachment VIII:
Labor Standard Provisions for Subrecipients That Are Governmental Entities.
4.32. PROHIBITION STATEMENT
Per Section 106 of the federal Trafficking Victims Protection Act, BORROWER `s contractors, subcontractors,
engineers, vendors, and any other entity performing work funded by this CONTRACT must comply with and include
the following terms and conditions in all contracts for work or services for the PROJECT.
All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the performance
of this award or subawards under the award, or in any manner during the period of time that the award is in
effect. This prohibition applies to you as the recipient, your employees, subrecipients under this award, and
subrecipients’ employees.”
4.33. PROJECT SIGNS
If BORROWER displays, during the TIME OF PERFORMANCE, any signs or markers identifying parties that are
providing funds for the PROJECT, BORROWER must include the Washington State Department of Health Drinking
Water State Revolving Fund and the Washington State Department of Health as participants in the PROJECT.
4.34. PUBLICITY
BORROWER agrees to get prior written consent from DOH’s Contract Manager before publishing or using any
advertising or publicity materials that include Washington State or DOH’s name, or includes language that may
reasonably infer or imply a connection with either one.
4.35. RATES AND RESERVES
BORROWER will maintain reserves at a minimum as required by the Water System Plan or Small Water System
Management Plan. BORROWER will timely adopt rate increases and/or capital assessments for the system’s
services to provide sufficient funds, along with other revenues of the system, to pay all operating expenses and debt
repayments during the LOAN TERM.
4.36. RECAPTURE
DOH reserves the right to recapture from BORROWER sufficient funds to compensate DOH for BORROWER’s
noncompliance with any part of this CONTRACT, in addition to any other remedies available under the
CONTRACT, at law, or in equity. DOH may withhold LOAN FUNDS from BORROWER to recapture such funds.
4.37. RECORDKEEPING AND ACCESS TO RECORDS
DOH, its agents, and authorized officials of the state and federal governments will have full access and the right to
examine, copy, excerpt, or transcribe, at no additional cost and at all reasonable times, any pertinent documents,
papers, records, and books of BORROWER and of persons, firms, or organizations with which BORROWER may
contract, involving transactions related to this CONTRACT. BORROWER agrees to keep complete records of its
compliance with this CONTRACT for a period of six (6) years from the date that the debt to DOH is paid in full. This
includes but is not limited to financial reports. If any litigation, claim or audit is started before the expiration of the
six (6) year period, BORROWER must keep the records until all litigation, claims or audit findings involving the
records have been resolved. These records retention requirements are in addition to the local government records
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DWL27107 City of Pasco Page 12 of 31 DWSRF Loan Contract (Municipal) v1
retention schedules applicable to the BORROWER.
4.38. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM)
BORROWER must comply with 48 CFR 52.204-7 to register with the System for Awards Management (SAM.gov).
BORROWER is responsible for the accuracy and completeness of its data in the SAM database and any liability
resulting from the Government or DOH reliance on inaccurate or incomplete data in it. BORROWER must remain
registered in the SAM database. BORROWER should annually review its information in SAM to ensure it is
accurate and complete.
4.39. SEVERABILITY
If any part of this CONTRACT or part of any document incorporated by reference is found to be invalid, it will not
affect the other parts of this CONTRACT that can be given effect without the invalid part.
4.40. SUBCONTRACTING
Prior to awarding contracts and/or subcontracts, BORROWER must verify that the complete names of both the
selected contractor and the owner or president are not in the Federal Excluded Parties List System for Ineligible
Professionals and Debarred Contractors (www.SAM.gov). BORROWER must provide the DOH Contract Manager
with a screen printout documenting that neither the firm, the owner or the president are excluded.
BORROWER will ensure that every contract and subcontract awarded for the PROJECT after the CONTRACT start
date will bind the parties to follow all applicable terms of this CONTRACT. BORROWER is responsible to DOH for
noncompliance by its contractors and/or subcontractors. BORROWER’s contracts or subcontracts do not release or
reduce the BORROWER’s liability to DOH for any breach in the performance of BORROWER’s duties.
BORROWER’s contracts and subcontracts must include a term that the state of Washington and DOH are not liable
for claims or damages arising from a contractor and/or subcontractor’s performance or lack thereof.
4.41. SURVIVAL
The CONTRACT’s terms, conditions, and warranties that by its sense and context are intended to survive the
completion of the performance, cancellation or termination of this CONTRACT, shall so survive.
4.42. TERMINATION FOR CAUSE
If DOH concludes that BORROWER has failed to comply with the CONTRACT requirements or has otherwise
breached one or more parts of the CONTRACT, DOH may, at its discretion, upon notice to BORROWER, terminate
or suspend the CONTRACT and/or its attached agreements in whole or in part.
The notice will be in writing and state the reason(s) for termination or suspension, and the effective date. The
effective date will be determined by DOH. The notice will allow BORROWER at least thirty (30) business days to
cure the breach, if curable. If the breach is not cured or cannot be cured within thirty (30) business days, the
outstanding balance of the LOAN, with any interest accrued and other costs as authorized by the CONTRAC T shall
be due and payable to DOH.
If DOH terminates this CONTRACT under this section, DOH is liable only for payment required under the terms of
this CONTRACT for ELIGIBLE PROJECT COSTS incurred prior to the effective date of termination.
At DOH’s discretion, the termination for cause may be deemed a termination for convenience if DOH determines
that the default or failure to perform was outside BORROWER’s control, fault or negligence. The rights and
remedies of DOH provided in this CONTRACT are not exclusive and are in addition to any other rights and
remedies provided by law. Nothing in this section affects BORROWER’s obligations to immediately repay the
unpaid balance of the LOAN as prescribed in the Washington Administrative Code (WAC) 246-296-150.
4.43. TERMINATION OR SUSPENSION FOR CONVENIENCE
If funding or appropriation from state, federal, or other sources is withdrawn, reduced, or limited in any way during
the TIME OF PERFORMANCE, DOH may:
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DWL27107 City of Pasco Page 13 of 31 DWSRF Loan Contract (Municipal) v1
A. Delay or suspend releasing LOAN FUNDS until funding or appropriation are available to DOH; or
B. Amend the CONTRACT to reflect the new funding limitations and conditions; or
C. Terminate the CONTRACT and/or its attached agreements, in whole or in part; or
D. Suspend the CONTRACT and/or its attached agreements, in whole or in part.
If DOH terminates the CONTRACT and/or its attached agreements in whole or in part, under this section, DOH will
notify BORROWER’s representative in writing of the reason(s) for termination, and the effective date. The effective
date will be determined by DOH.
DOH may choose to suspend this CONTRACT and/or its attached agreements in whole or in part, if DOH
determines that the funding insufficiency will likely be resolved in time for BORROWER to resume activities prior to
the end of the TIME OF PERFORMANCE. DOH will notify BORROWER’s representative by facsimile or email of
the reason(s) for suspension, and the effective date. DOH will determine the effective date. BORROWER must
suspend performance on the effective date of the suspension. During the period of suspension each party must
notify the other party’s representative of any conditions that may reasonably affect its ability to resume performance.
During the suspension, when DOH determines that the funding insufficiency is resolved, DOH may notify
BORROWER’s representative of the proposed date to resume performance. BORROWER must respond to DOH’s
representative in writing, within five (5) business days of DOH sending notice, as to whether it can resume
performance on that date or offer an alternative date to resume performance. If BORROWER cannot resume
performance or the alternative date is not acceptable to DOH, the parties agree the CONTRACT will be deemed
terminated for convenience, retroactive to the original date of suspension.
If DOH terminates or suspends this CONTRACT, DOH is liable only for payment required under the terms of this
CONTRACT for eligible project costs incurred prior to the effective date of suspension or termination. Nothing in
this section shall affect Contractor’s obligations to repay the unpaid balance of the LOAN. Nothing in this section
affects BORROWER’s obligation to repay the LOAN, including fees and other expenses as allowed by the
CONTRACT.
4.44. TERMINATION PROCEDURES
When BORROWER receives Notice of Termination or on the date a suspension is converted to a termination,
except as otherwise directed by DOH, BORROWER will:
A. Stop work under the CONTRACT on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the CONTRACT;
C. If expressly requested by DOH, assign to DOH any or all of the rights, title, and interest of BORROWER under
the orders and subcontracts so terminated, in which case DOH has the right, at its discretion, to settle or pay
any or all claims arising out of the termination of such orders and subcontracts. Any attempt by BORROWER
to settle such claims must have the prior written approval of DOH; and
D. Preserve and transfer any materials, CONTRACT deliverables and/or DOH property in BORROWER’s
possession as directed by DOH.
Upon termination of this CONTRACT, DOH will pay BORROWER for amounts due under the CONTRACT prior to
the date of termination unless such payment is precluded under any other provision of this CONTRACT . DOH may
withhold any amount due as DOH reasonably determines is necessary to protect DOH against potential loss or
liability resulting from the termination. DOH will pay any withheld amount to BORROWER if DOH later determines
that loss or liability will not occur.
4.45. WORK HOURS AND SAFETY STANDARDS
If this CONTRACT exceeds $100,000, BORROWER must comply with the applicable Contract Work Hours and
Safety Standards Act (40 USC Chapter 37). These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
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DWL27107 City of Pasco Page 14 of 31 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
ATTACHMENT I: SCOPE OF WORK (PROJECT)
DWSRF PROGRAM
LOAN CONTRACT INFORMATION
2021-3997 City of Pasco WTP Improvements Phase II
DWSRF Scope of Work Form:
Scope of Work:
Project to include:
1. Providing electrical upgrades at the West Pasco Water Treatment Plant (WPWTP). Costs may include (but
are not limited to): including any improvements to switching gear, cabling, necessary electrical upgrades,
conduit, electrical design and specifications,
2. Installing a new infiltration basin and decommissioning the existing infiltration basin.
3. Installing a drain line on the finished water clearwell, including valves, pipe, controls, and connection to the
new infiltration basin.
4. Construct a finished water booster pump station with a capacity of at least 6 MGD together with adding up
to two (2) pumps to the intake pump station for a firm diversion capacity of 12MGD. Costs may include (but
are not limited to): pumps, controls, electrical, telemetry, traffic control, building, yard piping, HVAC system,
access road, drainage, surface restoration, and other appurtenances.
5. Construct additional pumping capacity at the Intake Pump Station together with controls, electrical and
adjustments to the telemetry.
6. Construct drying beds for the solids handling facility.
In addition to costs of construction, costs may include (but are not limited to): engineering, design,
construction inspection, hydrogeologic assessment, cultural and environmental review, permits, public
involvement, preparation of bid documents, fees, taxes, legal, administrative, and audit.
Page 212 of 235
DWL27107 City of Pasco Page 15 of 31 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
2021-3997 City of Pasco WTP Improvements Phase II
Project Costs by Cost Category:
COST CATEGORY CURRENT ESTIMATES
Engineering Report (Preliminary Engineering) $25,000.00
Environmental Review $0.00
Historical Review/Cultural Review $0.00
Land/ROW Acquisition $0.00
Permits $46,038.00
Public Involvement/Information $0.00
Bid Documents (Design Engineering) $498,154.00
Construction: Estimated Cost. Provide details on following pages. $6,644,584.00
DOH Review/Approval Fees: $10,000.00
Contingency: (10% min, 20% max) $1,328,916.00
Sales or Use Taxes $564,000.00
Construction Engineering/Inspection $500,000.00
Insurance: $0.00
Audit: $10,000.00
Legal: $0.00
Service Meters (Purchase and Installation) $0.00
Other: Bidding Services $30,000.00
TOTAL ESTIMATED PROJECT COSTS (before Loan Fee) $9,656,692.00
DWSRF Loan Origination Fee (1%) $96,566.92
DWSRF Loan Award $9,753,258.92
Page 213 of 235
DWL27107 City of Pasco Page 16 of 31 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
2021-3997 City of Pasco WTP Improvements Phase II
Project Funding:
TYPE OF FUNDING SOURCE CURRENT STATUS
Grants and Other Non-Matching Funds
Grant #1 ARPA $1,753,258.92
Grant #2 $
Other Grants $
New Grants $
Total Grants and Other Non-Matching Funds a) $1,753,258.92
Loans
This Loan Request DWSRF loan $9,656,692.00
Other Loan #1 $
Other Loan #2 $
Other Loans $
New Loans $
Total Loans b) $9,656,692.00
Local Revenue
Source #1 Reserves
12,917,880.00
Source #2 $
Other Local Revenue $
New Local Revenue $
Total Local Revenue c) $12,917,880.00
Other Funds
Other Funds $
Other Funds $
Total Other Funds d) $
TOTAL PROJECT LOAN e) $9,656,692.00
Page 214 of 235
DWL27107 City of Pasco Page 17 of 31 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
Error! Reference source not found. Error! Reference source not found.
Engineer’s Certification:
The term of this loan will be based on an engineer’s certification of the expected useful life of the improvements, as stated below,
or 20 years, whichever is less. If the jurisdiction prefers the term of its loan to be less than either 20 years or the useful life of the
improvements, the preferred loan term should be indicated here: N/A years.
I, Paul R. Cross, licensed engineer, certify that the average expected useful life for the improvements described above is 50 years.
Signed:
Name: Paul R. Cross
Date: 2/26/2022
Telephone: (509) 392-6502
Professional Engineer License Number: 22808
Page 215 of 235
DWL27107 City of Pasco Page 18 of 31 Attachment III: Federal and State Requirements
DWSRF Loan Contract (Municipal) v1
ATTACHMENT II: ATTORNEY’S CERTIFICATION
DRINKING WATER STATE REVOLVING FUND
MUNICIPAL)
I, ________________________________________________, hereby certify:
I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney of BORROWER
identified in the Declarations of the Contract identified above; and
I have also examined any and all documents and records, which are pertinent to the Contract, including the application
requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. BORROWER is a public body, properly constituted and operating under the laws of the State of Washington,
empowered to receive and expend federal, state and local funds, to contract with the state of Washington, and to
receive and expend the funds involved to accomplish the objectives set forth in its application.
2. BORROWER is empowered to accept the Drinking Water State Revolving Fund financial assistance and to
provide for repayment of the loan as set forth in the loan agreement.
3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above -
described public facilities project or to enjoin BORROWER from repaying the Drinking Water State Revolving
Fund loan extended by DOH with respect to such project. BORROWER is not a party to litigation, which will
materially affect its ability to repay such loan on the terms contained in the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to
BORROWER.
Signature of Attorney Date
Name and BAR Number (WSBA No.)
Address
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DWL27107 City of Pasco Page 19 of 31 Attachment III: Federal and State Requirements
DWSRF Loan Contract (Municipal) v1
ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS
NOT ALL INCLUSIVE)
1) Environmental and Cultural Authorities
a) Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended
b) Clean Air Act, Public Law 84-159 as amended
c) Coastal Zone Management Act, Public Law 92-583 as amended
d) Endangered Species Act, Public Law 93-205 as amended
e) Environmental Justice, Executive Order 12898
f) Floodplain Management, Executive Order 11988 as amended by Executive Order 12148
g) Protection of Wetlands, Executive Order 11990
h) Farmland Protection Policy Act, Public Law 97-98
i) Fish and Wildlife Coordination Act, Public Law 85-624 as amended
j) National Historic Preservation Act, 54 USC Subtitle III
k) Safe Drinking Water Act, Public Law 93-523 as amended
l) Wild and Scenic Rivers Act, Public Law 90-542 as amended
m) Washington State Environmental Policy Act, Chapter 43.21C RCW
n) Native American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code
of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and Washington
Administrative Code (WAC) 25-48 regarding Archaeological Excavation and Removal Permits.
2) Economic and Miscellaneous Authorities
a) Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive
Order 12372
b) Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act,
including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac
with Respect to Federal Contracts, Grants, or Loans
c) Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended
d) Debarment and Suspension, Executive Order 12549
e) H.R. 3547, Consolidated Appropriations Act, 2014.
3) Social Policy Authorities
a) Age Discrimination Act of 1975, Public Law 94-135
b) Title VI of the Civil Rights Act of 1964, Public Law 88-352
c) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92 -500 (the Clean Water
Act)
d) Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250)
e) Equal Employment Opportunity, Executive Order 11246
f) Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean
Water Act)
g) Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100-
590
h) Chapter 49.60 RCW, Washington’s Law against Discrimination, and 42 USC 12101 et seq. the Americans with
Disabilities Act (ADA).
i) The Contract Work Hours and Safety Standards Act (40 USC 327-333)-Where applicable.
j) The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 USC s. 2000ff et seq.
4) State Laws
a) Chapter 36.70A RCW, Growth Management Act
b) Chapter 39.80 RCW, Contracts for Architectural and Engineering Services
c) Chapter 39.12 RCW, Washington State Public Works Act
d) Chapter 43.20 RCW, State Department of Health of Health
e) Chapter 43.70 RCW, Department of Health
f) Chapter 43.155 RCW, Public Works Project
g) Chapter 70.116 RCW, Public Water Systems Coordination Act of 1977
h) Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations
i) Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances
j) Chapter 246-290 WAC, Group A Public Water Systems
Page 217 of 235
DWL27107 City of Pasco Page 20 of 31 Attachment III: Federal and State Requirements
DWSRF Loan Contract (Municipal) v1
k) Chapter 246-291 WAC, Group B Public Water Systems
l) Chapter 246-292 WAC, Waterworks Operator Certification Regulations
m) Chapter 246-293 WAC, Water Systems Coordination Act
n) Chapter 246-294 WAC, Drinking Water Operating Permits
o) Chapter 246-295 WAC, Satellite System Management Agencies
p) Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program
q) Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells
r) Title 173 WAC, Department of Ecology Rules
s) Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section
Adopted by Reference)
Page 218 of 235
DWL27107 City of Pasco Page 21 of 31 Attachment IV: DBE Requirements
DWSRF Loan Contract (Municipal) v1
ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE
REQUIREMENTS
GENERAL COMPLIANCE, 40 CFR, Part 33
BORROWER must comply with the requirements of Environmental Protection Agency's Program for Utilization of Small,
Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CF R, Part
33. BORROWER will use the directory of certified firms available through the Washington State Office of Minority and
Women’s Business Enterprises to meet the requirements.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
The following are exemptions from the fair share objective Requirements:
Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year.
Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B.
o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular
Area recipients.
Recipients of Technical Assistance Grants.
The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office
of Minority Women Business are stated below.
Construction 10% MBE 6% WBE
Supplies 8% MBE 4% WBE
Equipment 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
BORROWER must accept the fair share objectives/goals stated above and purchase the same or similar construction,
supplies, services and equipment, in the same or similar relevant geographic buying market as WA Office of Minority
Women Business goals.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, BORROWER will make the following good faith efforts whenever procuring
construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-
recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include:
A. Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients,
this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources.
B. Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages
and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the
bid or proposal closing date.
C. Consider in the contracting process whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include
dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
D. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
E. Use the services and assistance of the Small Business Administration and the Minority Business Development
Agency of the Department of Health.
F. If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in
paragraphs A through E above.
Page 219 of 235
DWL27107 City of Pasco Page 22 of 31 Attachment IV: DBE Requirements
DWSRF Loan Contract (Municipal) v1
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
BORROWER is required to submit MBE/WBE participation reports to DOH, on a quarterly basis, beginning with the
Federal fiscal year reporting period BORROWER receives the award and continuing until the project is completed.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
BORROWER agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
BORROWER agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor
Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business
Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the PROJECT. These
two (2) forms may be obtained from the EPA Office of Small Business Program’s website on the internet at
http://www.epa.gov/osbp/grants.htm.
BORROWER agrees to require all general contractors to complete and submit to BORROWER and Environmental
Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting
period BORROWER receives the award and continuing until the project is completed. Only procurements with certified
MBE/WBEs are counted toward a Contractor’s MBE/WBE accomplishments.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
BORROWER is also required to create and maintain a bidders list if BORROWER of the loan is subject to, or chooses to
follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and
exemptions.
Section 33.501(b) of the rule is as follows:
A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In
addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities
receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow,
competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified
loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non-
MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on
subcontracts under EPA assisted projects, including both MBE/WBEs.
The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA
funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the
identified loan has ended. The following information must be obtained from all prime and subcontractors:
1) Entity’s name with point of contact;
2) Entity’s mailing address, telephone number, and e-mail address;
3) The procurement on which the entity bid or quoted, and when; and
4) Entity’s status as a MBE/WBE1 or non-MBE/WBE.
The exemption found at § 33.501(c) is as follows:
A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance
agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal
year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a recipient
under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list
requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity
receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is
limited to the paragraph (b) of this section bidders list requirements of this subpart.
1 Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office
of Minority and Women’s Enterprises at 360-704-1181.
Page 220 of 235
DWL27107 City of Pasco Page 23 of 31 Attachment V: Certification Regarding Debarment
DWSRF Loan Contract (Municipal) v1
ATTACHMENT V: CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS
United States Environmental Protection Agency
Washington, DC 20460
EPA Project Control Number
The terms, “covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered
transaction, principal, and voluntarily excluded”, as used in this attachment, are defined in the rules implementing
Executive Order 12549, including 13 CFR § 400.109. You may contact DOH for help getting a copy of these regulations.
BORROWER, defined as the primary participant and it principals, certifies by signing below that to the best of its
knowledge and belief they:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
B. Have not within a three-year (3) period preceding this CONTRACT, been convicted of or had a civil judgment
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice;
C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or
local) with commission of any of the offenses described in this attachment; and,
D. Have not within a three-year period (3) preceding the signing of this CONTRACT had one or more public
transactions (federal, state, or local) terminated for cause or default.
Prior to awarding contracts for the PROJECT, BORROWER must verify that neither the contractor’s business name(s) nor
the names of its principals are in the Federal Excluded Parties List System for Ineligible Professionals and Debarred
Contractors (www.SAM.gov). BORROWER must keep documentation in the PROJECT files and provide a copy to the
DOH Contract Manager.
BORROWER will include the language below without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
The lower tier contractor certifies, by signing this CONTRACT that neither it nor its principals are
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the
award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine or imprisonment for up to 5 years, or
both.
Typed or Printed Name & Title of Authorized Representative
Signature of Authorized Representative Date
I am unable to certify to the above statements. My explanation is attached.
Page 221 of 235
DWL27107 City of Pasco Page 24 of 31 Attachment VI: DWSRF Eligible Project Costs
DWSRF Loan Contract (Municipal) v1
ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS
Must be directly attributable to the project.
1. The costs for complying with the Uniform Relocation
Assistance and Real Property Acquisition Policies
Act of 1970.
2. DWSRF loan fees.
3. The purchase of a portion of another system’s
capacity, if it is the most cost effective solution
limited to publicly owned (municipal) systems).
4. Construction of reservoirs (clear wells) that are part
of the treatment process and are collocated with the
treatment facility.
5. Construction of distribution reservoirs (finished
water).
6. Cost associated with restructuring or consolidation of
existing water systems by publicly owned water
systems.
7. Main extensions to connect to safe and reliable
sources of drinking water.
8. Cost associated with collecting and preparing
environmental assessment documents to obtain local
permits.
9. Direct labor including related employee benefits:
a. Salaries and wages (at actual or average rates)
covering productive labor hours of employees of
the borrower (excluding the administrative
organization of the operating unit involved) for
periods of time actively or incidentally engaged
in pre-design engineering, design engineering,
construction engineering, acquisition of rights of
way, and the cleaning, sterilization or
bacteriological testing of water system
components prior to public use. The costs of
services rendered by employees generally
classified as administration/project management
of the loan are considered a direct cost only
when such employees are assigned the types of
services described above and shall be limited to
3% or less of the project loan amount.
b. Employee benefits relating to labor are
considered a direct cost of construction projects.
The following items may be included as
employee benefits:
F.I.C.A. (Social Security) –employer’s share.
Retirement benefits.
Hospital, health, dental, and other welfare
insurance.
Life insurance.
Industrial and medical insurance.
Vacation.
Holiday.
Sick leave.
Military leave and jury duty.
Employee benefits must be calculated as a
percentage of direct labor dollars. The
computation of predetermined percentage rates
to be applied to current labor costs must be
based on the average of total employee benefits
and total labor costs for the prior fiscal year and
adjusted by known current year variations.
c. Other than work identified in Number 9.a, no
costs associated with labor performed by the
borrower’s employees, including force account
work, are eligible for financing assistance.
10. Contract engineering, planning, design, legal, and
financial planning services. The Department of
Health reserves the right to declare ineligible legal
costs that are unreasonable and disproportionate to
the project.
11. Contract construction work.
12. Direct vehicle and equipment charges at the actual
rental cost paid for the equipment or, in the case of
city or county-owned equipment, at the rental rates
established by the local government’s “equipment
rental and revolving fund” following the methods
prescribed by the division of municipal corporations.
However, such costs must be charged on a uniform
basis to equipment used for all projects regardless of
the source of funding. Cities with a population of
eight thousand or less not using this type of fund are
allowed the same rates as used by the State
Department of Transportation.
13. Direct materials and supplies.
14. Other direct costs incurred for materials or services
acquired for a specific project are eligible costs and
may include, but are not limited to such items as:
a. Telephone charges.
b. Reproduction and photogrammetry costs.
c. Video and photography for project
documentation.
d. Computer usage.
e. Printing and advertising.
15. Other project related costs include:
Competitive Bidding.
Audit.
Insurance.
Prevailing wages.
Attorney fees.
Environmental Review.
Archaeological Survey.
Water system plan costs are not eligible for
reimbursement. Small water system management
program and plan amendments costs are eligible for
reimbursement.
Projects may be designed to accommodate reasonable
growth. This is generally the 20-year projection included
in the system’s water system plan or small water system
management program.
Page 222 of 235
DWL27107 City of Pasco Page 25 of 31 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR
SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES
Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113 -6)
Preamble
With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to
each state which in turn provides subgrants or loans to eligible entities within the state. Typically, the subrecipients are
municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set
forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the prima ry
responsibility to maintain payroll records as described in Section 3(ii)(A), below and for complian ce as described in
Section I-5.
Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients, the
provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary
responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for compliance as described in
Section II-5.
I. Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113 -6)
For Subrecipients That Are Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its Davis -Bacon (DB) responsibilities
when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State
recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies,
obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of
Health. If a State recipient needs guidance, they may obtain additional guidance from DOL’s web site at
http://www.dol.gov/whd/.
1. Applicability of the Davis- Bacon (DB) prevailing wage requirements.
Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and
repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control
revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking
water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties
regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on
that site.
2. Obtaining Wage Determinations.
a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take
place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for
activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts.
Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorpo rated into the
prime contract.
i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the
wage determination contained in the solicitation remains current. The subrecipients shall amend the
solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the
solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the
closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable
time to notify interested contractors of the modification of the wage determina tion. The State recipient will
provide a report of its findings to the subrecipient.
ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any
modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be
effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day
period from DOL pursuant to 29 CFR 1.6(c) (3) (iv). The subrecipient shall monitor www.wdol.gov on a weekly
Page 223 of 235
DWL27107 City of Pasco Page 26 of 31 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage
determinations contained in the solicitation remain current.
b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an
existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropr iate
DOL wage determination from www.wdol.gov into the ordering instrument.
c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime
contractor has required its subcontractors to include the applicable wage determinations.
d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient’s contract
after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed
to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or
ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a
revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the
contract or ordering instrument by change order. The subrecipient’s contractor must be compensated for any increases in
wages resulting from the use of DOL’s revised wage determination.
3. Contract and Subcontract provisions.
a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is
entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work
under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in
accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal
agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which
is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the
following clauses:
1) Minimum wages.
i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classification and wage rates conformed under paragraph
a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Borrower and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov.
ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The State award official shall approve a request for an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
2) The classification is utilized in the area by the construction industry; and
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DWL27107 City of Pasco Page 27 of 31 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), documentation of the action taken and the request, including the local wage
determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the
request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrentl y. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of
receipt and so advise the State award official or will notify the State award official within the 30-day period that additional
time is necessary.
C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including
the views of all interested parties and the recommendation of the State award official, to the Administra tor for
determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is necessary.
D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of
this section, shall be paid to all workers performing work in the classification under this contract from the first day on which
work is performed in the classification.
iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fring e
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that
the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligat ions under the plan or program.
2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative
of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of
the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
3) Payrolls and basic records.
i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics wo rking at the site of the work. Such
records shall contain the name, address, and social security number of each such worker, his or her correct classificatio n,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
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apprentices or trainees under approved programs shall maintain written evi dence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to
the subrecipient, that is, the entity that receives the sub -grant or loan from the State capitalization grant recipient. Such
documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the
subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in
compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week.
The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four
digits of the employee's social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s)
for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers
to the prime contractor for its own records, without weekly submission to the subrecipient(s).
B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify the following:
1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into
the contract.
C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this
section.
D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available fo r
inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor
fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4) Apprentices and trainees--
i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Offic e of Apprenticeship Training, Employer and
Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
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registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classif ication. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed un til an
acceptable program is approved.
ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is
not registered and participating in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the wor k performed until an acceptable
program is approved.
iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
5) Compliance with Copeland Act requirements. The Borrower must comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
6) Subcontracts. The Borrower and/or subcontractor must insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontra cts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of
the contract, and for debarment as a contractor and a subcontrac tor as provided in 29 CFR 5.12.
8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
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9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such disputes will be resolved according to the procedures of
the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or
the employees or their representatives.
10) Certification of eligibility.
i) By entering into this contract, Borrower certifies that neither it (nor he or she) nor any person or firm who has an
interest in the Borrower’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
4. Contract Provision for Contracts in Excess of $100,000.
a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in
paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject t o
the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition
to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1) Overtime requirements. No contractor or subcontractor contract ing for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual labor er or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard w orkweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section.
3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award
Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this section.
4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (a)(1) through (4) of this section.
b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and
Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause
requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the
work and shall preserve them for a period of three years from the completion of the contrac t for all laborers and
mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address
of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such
contract a clause providing hat the records to be maintained under this paragraph shall be made available by the
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contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of
agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview
employees during working hours on the job.
5. Compliance Verification
a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages
covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29
CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF
1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on
request.
b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract.
Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a
risk that the contractor or subcontractor is not complying with DB.
Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevail ing wage
requirements. All interviews shall be conducted in confidence."
c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that
contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot
check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors
and the duration of the contract or subcontract. At a minimum, if practica ble, the subrecipient should spot check payroll
data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the
completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot
check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In
addition, during the examinations the subrecipient shall verify evidence of fringe benefit plan s and payments thereunder
by contractors and subcontractors who claim credit for fringe benefit contributions.
d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify
registration and certification with respect to apprenticeship and training programs approved by either the U.S Department
of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of,
laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks
and interviews described in Item 5(b) and (c) above.
e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department
of Health and to the appropriate DOL Wage and Hour District Office listed at
https://www.dol.gov/whd/WHD_district_offices.pdf.
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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
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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.
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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 233 of 235
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.
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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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