HomeMy WebLinkAbout4233 Resolution - Executing a Work Acceleration Agerement with Burnham SWV Pasco LLC - Anaerobic Digestion and Renewable Natural Gas Project - PWRF Ph 3RESOLUTION NO. 4233
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A WORK
ACCELERATION AGREEMENT WITH BURNHAM SEV PASCO, LLC, FOR
THE ANAEROBIC DIGESTION AND RENEWABLE NATURAL GAS
PROJECT, RELATED TO THE PROCESS WATER REUSE FACILITY, PHASE
3 PROJECT.
WHEREAS, the City owns and operates the Process Water Reuse Facility (PWRF) to treat
and dispose of industrial wastewater from food processors (Processors) located in the vicinity of
the City of Pasco; and
WHEREAS, the industrial wastewater treatment system operated by the City, including
the PWRF, requires improvements in order to sufficiently treat current and increased Processor
wastewater flows to meet City permitted limits; and
WHEREAS, the City's current wastewater treatment system is at or near capacity and
requires expansion to enable new Processors to use the facility and existing Processors to expand
their operations; and
WHEREAS, the City issued a request for proposal (RFP) under the provision of RCW
70A.140 for the development of a new wastewater treatment plant that includes anaerobic
digestion for more comprehensive wastewater treatment and nitrogen removal to bring the total
effluent nitrogen loads to within the City's permit levels and a gas cleanup system to produce
renewable natural gas (collectively, the "Project"); and
WHEREAS, Burnham SEV Pasco, LLC. (Burnham SEV) submitted a proposal in
response to the City's RFP, and the City has preliminarily selected Burnham SEV to undertake the
Project, subject to additional requirements in RCW 70A.140 for final selection and entering into
an agreement approved by the Washington Department of Ecology and the City Council; and
WHEREAS, to adhere to the City's desired project schedule, Burnham SEV needs to
commence certain preliminary activities related to the engineering and financing as Burnham SEV
and City work towards executing a final Wastewater Treatment Agreement (WTA) for the Project;
and
WHEREAS, procurement of services to perform those preliminary activities requires
compliance with the requirements of RCW 39.80, which have been met by the City by publishing
in advance the City's requirement for professional services in a Request for Proposal ("RFP")
RCW 39.80.030), evaluating the Developer's qualifications (RCW 39.80.040), and negotiating
the services and price of the provisions of this Agreement (RCW 39.80.050); and
WHEREAS, the City has requested that Burnham SEV commence preliminary activities
on the Project prior to executing a definitive WTA which will outline the terms and conditions
Resolution: Work Acceleration Agr. - PWRF Anaerobic Digestion & Renewable Natural Gas Project - I
under which the City will contract with Burnham SEV for industrial wastewater treatment services
under the provisions of RCW 70A.140; and
WHEREAS, the City of Pasco finds that this Work Acceleration Agreement is necessary
as time is of the essence for the project to proceed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager, for the City of Pasco, is hereby authorized to execute the Work
Acceleration Agreement with Burnham SEV for the Anaerobic Digestion and Renewable Natural
Gas Project, a copy of which is attached hereto, and incorporated by this reference as Exhibit A
and to make minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, this 6th day of September,
2022.
Bla c e Barajas
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
1
Kerr Fe son Law, PLLC
Ci ttorneys
Resolution: Work Acceleration Agr. - PWRF Anaerobic Digestion & Renewable Natural Gas Project - 2