HomeMy WebLinkAbout2024.01.08 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Monday, January 8, 2024
Pasco City Hall, Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City
Council Workshops are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
To listen to the meeting via phone, call (914) 614-3221 and use access code
347-125-017.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION
3 - 29 (a) Water Rights Acquisition Fees
30 - 50 (b) Presentation of Butterfield WTP Facility Plan Update - Water
Quality Focus
51 - 81 (c) Ordinance - Interim Financing Local Improvement District -
Sanitary Sewer - East Urban Growth Area
82 - 101 (d) Resolution - Amendment No. 5 to RH2 Professional Services
Agreement for the Phase 2 PWRF Project
102 - 133 (e) Resolution - Change Order No. 7 to Citywide Traffic Signal
Improvements Ph 2 Project
Page 1 of 135
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
8. ADJOURNMENT
9. ADDITIONAL NOTES
134 - 135 (a) Adopted Council Goals (Reference Only)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
Page 2 of 135
AGENDA REPORT
FOR: City Council January 4, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/8/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Water Rights Acquisition Fees
I. REFERENCE(S):
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion and public comment.
III. FISCAL IMPACT:
The recently adopted increase in the Water Rights Acquisition Fee will increase
revenues to the Water Rights Fund allowing the City to purchase additional
water rights at current market rates to help provide sufficient water for future
development.
IV. HISTORY AND FACTS BRIEF:
For Pasco to serve clean drinking water to residents and businesses, the City
must have sufficient water rights to allow for the withdrawal of water from the
Columbia River. As the city grows, so does the need for additional water
rights. Water rights can either be transferred to the City by property owners
who have them and wish to develop their properties or purchased from owners
willing to sell them.
Council recently amended the Pasco Municipal Code to increase the Water
Rights Acquisition Fee to current market rates and made this fee applicable to
all developments within the City.
V. DISCUSSION:
Council asked that this issue be brought back to the first workshop meeting in
Page 3 of 135
January to have further discussion and allow for public comments.
Page 4 of 135
Pasco City Council Meeting
January 8, 2024
Water Right Acquisition Fee Adjustment
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Types of Water Rights
◦Potable Water:
◦Surface withdrawal
◦Irrigation Water:
◦Surface and well withdrawal (+ 508.14)
◦PWRF Irrigation Water:
◦508.14 well withdrawal
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Water Rights -Municipal
◦Columbia River
◦Available: 18,883 acre-feet/yr.
◦2022 Usage: 15,873 acre-feet
◦Ecology lease: 10,000 acre-feet/yr.
◦Included in number above
◦$35/acre-ft = $350,000/yr. (2020)
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Water Rights -Municipal
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Water Rights -Irrigation
◦Groundwater + Columbia River
◦Available: 8,660 acre-feet/year
◦Groundwater: 3,459 acre-feet
◦Columbia River water: 2,882 acre-feet
◦508.14 Groundwater: 2,319 acre-feet
◦2022 Usage: 10,490 acre-feet
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Water Rights -Irrigation
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Water Rights -Irrigation
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Water Rights -Summary
Municipal Water
◦18,883 acre-feet/yr.Available
◦15,873 acre-feet Used
◦3,010 acre-feet not used
Irrigation Water
◦8,660 acre-feet/year Available
◦10,490 acre-feet Used
◦<1,830> acre-feet overused
Balance of
Available
Water Rights
1,180
acre-feet
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Water Rights -PWRF
PWRF Irrigation Water
◦Source: 508.14 Groundwater
◦Available withdrawal: 8,230 acre-feet/year
◦2022 Usage: 4,539 acre-feet
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Water Rights –PWRF
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Water Rights -PMC
PMC 13.45.160 –Water & Sewers
◦Extending water beyond the city limit
PMC 21.05.120 -Subdivision Regulations
◦Assignment of water rights for
subdivision of land
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Water Rights Market Value
PMC 13.15.030(3) -Determination of Market Value for Payment in Lieu. The market value of water rights shall be determined periodically by the City Engineer, but not less frequently than every five years, based upon a water rights market study or similar investigation of the fair market value of perfected water rights that can be transferred to the City.
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Historical Practices
◦Pay In-Lieu Fee
◦Existing Rights Transferred to other
properties
◦Water Rights sold at Market Rate
◦Existing Rights Banked for later Transfer
or Sale
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Adopted PMC Changes
◦Transfers of Potable & Irrigation Water
Rights apply to Commercial Developments:
◦Large Industrial Users
◦Food Processors
◦Schools
◦Water ‘Usage’ vs. Water ‘Line Extension’
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Adopted PMC Changes
◦Applies Within and beyond City Limits
◦Increase to Market Rate -$4,150/Acre-Foot
◦Encourages Transfers vs. In-Lieu Fee
◦50% Surcharge –Rights removed w/in 10 yrs
◦Accounts for future value increases
◦Incentive to Transfer rights
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Communications
Council Workshop 10/10
Developer Meeting 10/23
Council Meeting 11/22
Handouts Developed & Distributed 12/27
◦Emailed to Developer list
◦Available online
◦Available at City Hall touchpoints
Webpage Live-12/27
◦Online Commenting Option 12/27-1/6
Social Media Posts
◦12/27
◦1/4/24
KONA Radio Segment
◦1/8
Council Meeting 1/8
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Water Rights Fee
PMC 3.35.160 –Revenue and Finance
◦In-lieu Fees: $4,150/acre-foot (as of 11/27/2023)
◦Irrigation Water: 50% of site @ 3 ½ acre-
feet/year per acre
◦Potable Water: 0.3 acre-feet/residential unit
◦Transfer Fee (Ecology paperwork)
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Water Rights Fee -Example
1-acre site @ 4 units/acre = 0.25 acre/unit
Irrigation Water: 0.25 acre/unit x 50% x 3.5 acre-feet/acre
= 0.4375 acre-feet/unit
Potable Water: 0.3 acre-feet/unit
Irrigation + Potable = 0.4375 + 0.3 = 0.7375 acre -feet/unit
= 2.95 acre-feet total for 1-acre site
2.95 acre-feet x $4,150/acre-foot = $12,242.50 Total Fee
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4 units/acre = 2.95 acre-feet/acre
◦1,180 acre-feet water rights available
◦Serves 400 Acres = 1,600 units
11 units/acre:5.1 acre-feet/acre
◦1,180 acre-feet water rights available
◦Serves 231 Acres = 2,545 units
Number of Units needed in 20 years = 23,318
Water Rights -Development
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4 units/acre = 2.95 acre-feet/acre
◦1,180 acre-feet water rights available
◦Serves 400 Acres = 1,600 units
11 units/acre:5.1 acre-feet/acre
◦1,180 acre-feet water rights available
◦Serves 231 Acres = 2,545 units
Additional Water Rights needed over 20 yrs. at11 units/acre = 10,794 acre-feet
Water Rights -Development
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Developer
◦4 units/acre = $1,794.50 per housing unit
◦11 units/acre = $1,115.50 per housing unit
Water Customer
◦$4/month increase for each $1 million spent to
purchase water rights
Recent Offer
◦2,147 acre-feet @ $3,850/acre-foot = $8.3 million
Water Rights Increase Cost
Increase: $2,425/acre-foot
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Did Pasco follow all legal requirements for the
code change?
Water Rights -Legal
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Water Rights Acquisition
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Pasco City Council Meeting
January 8, 2024
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Water Rights Acquisition
Water Rights Lease RFP
◦$310/acre-foot per year
◦No Escalators
◦Capital Equivalent of $4,150/acre-foot
◦20-Year Term
◦3 Respondents: ~4,000 acre-feet available
◦Annual Payment: $1,240,000.00
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AGENDA REPORT
FOR: City Council November 28, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/8/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Presentation of Butterfield WTP Facility Plan Update - Water Quality
Focus
I. REFERENCE(S):
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion.
III. FISCAL IMPACT:
No Impact.
IV. HISTORY AND FACTS BRIEF:
A presentation was given to the City Council on October 11, 2022 for the final
Butterfield Water Treatment Plant (Butterfield WTP) Facility Plan by Carollo
Engineering staff.
To assist in long-term planning for the facility, the City selected Carollo
Engineers, Inc. (Carollo) on July 24th, 2020, to help develop a Facility Plan for
needed improvements to the Butterfield Water Treatment Plant. The planning
process includes a condition assessment and hydraulic analysis of the existing
facility to identify improvements needed to continue providing potable water for
the next 50 to 80 years. The objectives that guided the development of the
plan include:
1. Increasing the current plant's treatment capacity.
2. Increasing resiliency in each of the treatment processes.
3. Providing the ability to expand further.
4. Replacing infrastructure nearing the end of its service life.
Page 30 of 135
The Butterfield WTP Facility Plan includes recommended projects for the
Butterfield WTP Improvement projects. In summary the proposed series of
improvements represent a phased replacement of the facility.
V. DISCUSSION:
The update of the Butterfield WTP Facility Plan was triggered by recurrent
water in blooms) algae and the of (detection events quality cyanotoxin
Columbia River since 2021. The presentation recaps the process of the facility
planning and previous findings presented to Council. Then focuses on the
water necessary the identifying 2021, since events quality experienced
treatment processes to mitigate the water quality change in the river, and
concludes with a revised capital improvement plan for this facility.
This Improvement for Plan Capital includes an accelerated presentation
Butterfield WTP, consistent with the recommendations in the facility plan.This
is the most efficient manner to implement the projects, yet may not be fiscally
attainable. A non-accelerated schedule of projects for this facility has been
considered and is an option available for implementation, to be discussed
during the City’s Capital Planning process.The non-accelerated schedule
creates additional overall cost, but mitigates immediate rate impacts.
Ali Leeds, PE, Project Manager from Carollo Engineers will provide a
presentation on the Butterfield WTP Facility Plan Update.
Page 31 of 135
January 8, 2024
City CouncilMeetingBUTTERFIELD WTPFACILITY PLAN UPDATE
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Structured Facility Planning Process
2
Define the performance requirements
for the Butterfield WTP
Assess existing infrastructure &
performance
Determine what improvements are needed
Develop capital improvements plan
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Process Established a Phased Replacement
3
•Previously presented to
Council
•Phased improvements
while avoiding
stranding assets
•Prioritized highest
risk/biggest impact
projects earlier
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Summer 2021 –Intake Screen Cleaning Challenges
4
•Frequent plugging
with aquatic plant
material
•Insufficient cleaning
with automated
cleaning system
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Summer 2021 –Intake Screen Cleaning Challenges
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Recommendation:
Replace with mechanical brush system
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Summer 2021 –Cyanotoxins in the Columbia River
Microcystis cf. aeruginosa (Kützing) Kützing. Sample from
epilimnion of Lake Mahopac, NY. Source: John D. Wehr,
Professor, Fordham University
https://www.epa.gov/nutrient-policy-
data/cyanobacteriacyanotoxins
•Anatoxin-a was detected in the Columbia
0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
9/
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11
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-a
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)
Ri
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Butterfield WTP Richland
Kennewick West Pasco
Health Advisory Level
for Treated Water
•Concentrations at Pasco’s intakes
were low, but present
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Butterfield WTP
Treatment
Capability
Summer 2021 –Cyanotoxins the Columbia River
•Butterfield WTP has the capability to treat some levels of
Anatoxin-a and Cylindrospermopsin
•Treatment capability for microcystins is extremely limited
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Investigated Comprehensive Treatment Tools
•Low maintenance •High maintenance •Complex but automated system
Granular Activated Carbon Powder Activated Carbon Ozone
•Frequent media changes •Creates lots of solids •Uses oxygen and power
•Used when needed •Used when needed •Used continuously –has other
process benefits
Lowest 20-year NPV
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20-Year Capital Improvement Plan
9Notes:
(1)Costs are provided in May 2023 dollars. Project costs should be escalated for use during budgetary planning. At the time of the writing of this plan, a 4 percent annual escalation rate was deemed reasonable.
Project
1 Electrical Building
2 Misc. Improv & Compressor Repl.
3 Raw Water Pump Station Improvements
4 Flocc/Sed Basin Improvements
5 Chemical Building
6 Filters
7 UV Disinfection
8 Flocculation Basins
9 Residuals Improvements (Phase 1)
10 Finished Water Pump Station
11 Ozone (including generation)
12 Residuals Improvements (Phase 2)
13 Admin Building
14 Backwash Lift Station Red. Improv.
15 WTP Repairs
Project
CIP Phasing (1)
Short-Term
(2023-2026)
Mid-Term
(2027-2031)
Long-Term
(2032-2042)
1 Electrical Building $12,537,000 --
2 Misc. Improv & Compressor Repl.$412,000 --
3 Raw Water Pump Station Improvements $6,684,000 --
5 Chemical Building $18,111,000 --
6 Filters $1,974,000 $17,762,000 -
8 Flocculation Basins $1,134,000 $10,201,000
9 Residuals Improvements (Phase 1)-$1,328,000 -
10 Finished Water Pump Station -$19,160,000 -
11 Ozone (including generation)$24,930,000 --
12 Residuals Improvements (Phase 2)--$2,774,000
13 Admin Building -$1,372,000 $12,350,000
14 Backwash Lift Station Red. Improv.--$3,294,000
15 WTP Repairs $182,000 --
16 Intake Screen Replacement $1,358,000 --
CIP Total (2023 Dollars)(1)$67,322,000 $49,823,000 $18,418,000
Annual Cost (2023 Dollars)(1)$16,831,000 $11,463,000 $993,000
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Questions?Pa
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October 10, 2022
City Council
MeetingBUTTERFIELD WTP
FACILITY PLAN
PRIOR PRESENTATION
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Structured Facility Planning Process
2
Define the performance requirements
for the Butterfield WTP
Assess existing infrastructure &
performance
Determine what improvements are needed
Develop capital improvements plan
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Following a catastrophic event, _____ of the event, the
WTP will deliver _____ demand with water quality.
Following a catastrophic event, _____ of the event, the
WTP will deliver _____ demand with water quality.
Establish Level of
Service (LOS) Goals
Fo
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o
w
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A
Infrastructure
(major seismic)
Ca
t
a
s
t
r
o
p
h
i
c
Ev
e
n
t
Within one year (state guideline)*
Of
th
e
Ev
e
n
t
th
e
WT
P
wi
l
l
De
l
i
v
e
r
Minimum
viable
Pr
o
d
u
c
t
i
o
n
,
wi
t
h
Po
t
a
b
l
e
w
a
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e
r
qu
a
l
i
t
y
Infrastructure
(minor seismic)
During and immediately
following*Normal
Operational During and immediately following Normal
Common water quality During and immediately following Normal
Uncommon water quality Within 7 days Normal
Performance Requirements were defined to
identify how we expect the WTP to work
*Existing facility not anticipated to provide this level of service.
Replaced/retrofitted infrastructure will be designed to meet this level of service.
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4
See Table 4.4 of the Facility Plan for names/descriptions
of projects corresponding to the numbers.
Best value found in balance of maximizing
existing with building new
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Solution – Phased Replacement
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20-Year Capital Improvement Plan
6
• Accommodate
improvements
at current rates
• Phases
improvements
while avoiding
stranding assets
• Prioritizes
highest
risk/biggest
impact projects
earlier
Notes:
(1) Costs are provided in May 2021 dollars. Project costs should be escalated for use during budgetary planning. At the time of the writing of this plan, a 4 percent annual escalation rate was deemed reasonable.
(2) For this plan, effort was made to sequence and phase projects to align annual expenditures with the City’s rate studies and overall funding availability. Should alternative funding opportunities become available,
some projects may be able to be advanced earlier than the timing shown.
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Near Term Improvements
7
New Chemical and
Electrical Building
Reconfigured WTP
access and parking
Misc. repair to key
WTP processes
Project
Total
CIP Cost
Estimate
(2021 Dollars)
Year
2023 2024 2025 2026
1 Electrical Building $11,295,000 $1,129,000 $5,083,000 $5,083,000 -
2 Misc. Improvements and
Compressor Replacement $371,000 $371,000 - - -
4
Flocculation and
Sedimentation Basin
Improvements
$1,279,000 $1,279,000 - - -
5 Chemical Building $16,317,000 $1,632,000 - - $4,895,000
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Ultimate Treatment Process – Long Term
8
Ozone
Pretreatment
Administration &
Operations Flocculation
Filtration
Disinfection and
Distribution Pumping
Space for future
expansion
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Questions?
•Staff recommends approval
of a resolution adopting the
Butterfield Water Treatment
Plant Facility Plan
Thank you to City of Pasco staff:
- Heath Bateman
- Joe West
- Jon Padvorac
- Maria Serra
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AGENDA REPORT
FOR: City Council January 4, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/8/24
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Ordinance - Interim Financing Local Improvement District - Sanitary
Sewer - East Urban Growth Area
I. REFERENCE(S):
Draft Ordinance
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Estimated bond anticipation note issuance not to exceed $21M.
IV. HISTORY AND FACTS BRIEF:
Local Improvement Districts (LIDs) serve as a financing mechanism for the
completion of projects that benefit specific properties. When a LID is formed,
City staff provides management and oversight for capital project completion
while simultaneously procuring financing that allows both the project cost and
LID administration cost to be spread over a long-term period of repayment. The
cost is borne by benefiting property owners.
On May 2, 2022, Council Resolution No. 4174 was approved. This resolution
established intent to form a local improvement district for installation of sewer
infrastructure improvements in the East Urban Growth Area. On May 23, 2022,
Local Improvement District (LID) No. 152, East Urban Growth Area Sanitary
Sewer LID, was established with Council approval of Ordinance No. 4592. The
LID project supports construction efforts including installation of new sanitary
sewer main, a lift station, and other sewer improvements.
V. DISCUSSION:
Page 51 of 135
During formation of the LID, no property owners within district boundaries
protested creation. Each property owner within the LID boundaries were in
favor of LID creation. The City did not execute any no-protest agreements with
property owners within LID boundaries.
Included in this area are 20 parcels comprising approximately 1,100 acres.
Parcels in the LID boundaries are in various stages of development.
Construction is underway on a Darigold production facility and Pasco School
District comprehensive high school number three. Other parcels in the LID area
include planned residential developments. Based on current plans, residential
development is anticipated to add housing units numbering approximately
1,350.
With Council approval of Ordinance No. 4592, the following instruction was
outlined:
order to city staff to carry out proposed construction of sewer related
improvements,
direction that financial support of related costs for capital improvements
to be made by special assessments upon benefiting properties,
provision for issuance of short term financing for project completion,
provision for issuance of long term bond instruments. This debt will
subsequently be retired by receipt of special assessments upon
benefitting property owners.
City-managed construction efforts for the project have been underway since
December 2022. All phases of the project have been awarded and are
progressing.
City staff has been working with an external financing team consisting of a
financial advisor, bond counsel and underwriter for many months. The result of
this collaboration is this request for approval to proceed with issuing interim
financing in the form of bond anticipation notes. The note ordinance includes
not-to-exceed limits for the financing including a principal amount of $21M and
interest rate of 6.5%. Depending on market conditions when debt issuance
occurs, terms of debt may be lower. Interim funding in the form of bond
anticipation notes (BAN) are expected to be issued in February of 2024.
Once the construction project is finalized, LID property owners will be notified
of assessment values composed of construction, financing and administrative
cost incurred during construction. A 30-day interest free prepayment period is
then available. Following conclusion of the prepayment period, final financing
values are known allowing for the issuance of LID bonds. LID bond issuance
will result in the retirement of interim financing and establish a repayment
schedule for outstanding assessments.
Page 52 of 135
Page 53 of 135
DRAFT 12/21/2023
FG: 101434497.4
CITY OF PASCO, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE of the City of Pasco, Washington, relating to
contracting indebtedness; authorizing the issuance of local improvement district
bond anticipation notes to pay costs relating to the construction of Local
Improvement District No. 152 improvements pending the issuance of local
improvement district bonds authorized to be issued by Ordinance No. 4592; fixing
or setting parameters with respect to certain terms and covenants of the notes;
appointing the City’s designated representative to approve the final terms of the
sale of the notes; and providing for other related matters.
Passed: January 16, 2024
This document prepared by:
Foster Garvey P.C.
1111 Third Avenue, Suite 3000
Seattle, Washington 98101
(206) 447-4400
Page 54 of 135
i
FG: 101434497.4
TABLE OF CONTENTS
Page
Section 1 . Definitions............................................................................................................... 1
Section 2 . Findings and Determinations .................................................................................. 4
Section 3 . Authorization of Bonds ........................................................................................... 4
Section 4 . Purpose and Authorization of Notes ....................................................................... 5
Section 5 . Description of the Notes; Appointment of Designated Representative .................. 5
Section 6 . Note Registrar; Registration and Transfer of Notes ............................................... 5
Section 7 . Form and Execution of Notes ................................................................................. 6
Section 8 . Payment of Notes .................................................................................................... 6
Section 9 . Failure To Pay Notes .............................................................................................. 7
Section 10 . Guaranty Fund ........................................................................................................ 7
Section 11 . Use of Note Proceeds .............................................................................................. 8
Section 12 . Redemption and Purchase of Notes ........................................................................ 8
Section 13 . Tax Covenants ........................................................................................................ 9
Section 14 . Official Statement; Continuing Disclosure. ............................................................ 9
Section 15 . Additional Covenants............................................................................................ 10
Section 16 . Execution of Note Purchase Agreement ............................................................... 10
Section 17 . Supplemental and Amendatory Ordinances.......................................................... 10
Section 18 . General Authorization and Ratification ................................................................ 10
Section 19 . Severability ........................................................................................................... 11
Section 20 . Rules of Interpretation .......................................................................................... 11
Section 21 . Effective Date of Ordinance ................................................................................. 12
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FG: 101434497.4
CITY OF PASCO, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE of the City of Pasco, Washington, relating to
contracting indebtedness; authorizing the issuance of local improvement district
bond anticipation notes to pay costs relating to the construction of Local
Improvement District No. 152 improvements pending the issuance of local
improvement district bonds authorized to be issued by Ordinance No. 4592; fixing
or setting parameters with respect to certain terms and covenants of the notes;
appointing the City’s designated representative to approve the final terms of the
sale of the notes; and providing for other related matters.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following capitalized terms shall
have the following meanings:
(a) “Authorized Denomination” means $5,000 or any integral multiple thereof.
(b) “Beneficial Owner” means, with respect to a Note, the owner of any beneficial
interest in that Note.
(c) “Bond” means each local improvement district bond to be issued to pay and redeem
the Notes or any refunding note or notes.
(d) “Bond Counsel” means the firm of Foster Garvey P.C., its successor, or any other
attorney or firm of attorneys selected by the City with a nationally recognized standing as bond
counsel in the field of municipal finance.
(e) “City” means the City of Pasco, Washington, a municipal corporation duly
organized and existing under the laws of the State.
(f) “City Clerk” means the City Clerk of the City or the successor to the functions of
that officer.
(g) “City Council” means the legislative authority of the City, as duly and regularly
constituted from time to time.
(h) “City Manager” means the City’s City Manager or such other officer of the City
who succeeds to substantially all of the responsibilities of that office.
(i) “Code” means the United States Internal Revenue Code of 1986, as amended, and
applicable rules and regulations promulgated thereunder.
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FG: 101434497.4
(j) “Designated Representative” means the officer of the City appointed in Section 5
of this ordinance to serve as the City’s designated representative in accordance with RCW
39.46.040(2).
(k) “Designated Representative Certificate” means the certificate executed by the
Designated Representative on the sale date authorizing the Final Terms of the Notes.
(l) “DTC” means The Depository Trust Company, New York, New York, or its
nominee.
(m) “Final Terms” means the terms and conditions for the sale of the Notes including,
but not limited to, the amount, date or dates, denominations, interest rate or rates, payment dates,
final maturity, redemption rights, price, and other terms or covenants.
(n) “Finance Director” means the Finance Director of the City or such other officer of
the City who succeeds to substantially all of the responsibilities of that office.
(o) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated
by the State from time to time.
(p) “Guaranty Fund” means the Local Improvement Guaranty Fund of the City
previously established and created pursuant to RCW 35.54.010 and Pasco Municipal Code
3.90.010.
(q) “Improvements” has the meaning provided in Ordinance No. 4592, including
without limitation, sanitary sewer construction, including site grading, manholes, a lift station and
force mains, and sewer gravity pipelines, casings, and appurtenances in the City’s East Urban
Growth Area (UGA) Expansion Area ordered in respect of LID No. 152, all as determined
necessary and advisable by the City. Incidental costs incurred in connection with carrying out and
accomplishing the Improvements, consistent with RCW 39.46.070 and Ordinance No. 4592, may
be included as costs of the Improvements.
(r) “Interest Payment Date” means each semiannual date on which interest on a Note
is due and payable, as set forth in the Note Purchase Agreement.
(s) “Issue Date” means, with respect to a Note, the date of initial issuance and delivery
of that Note to the Purchaser in exchange for the purchase price of that Note.
(t) “Letter of Representations” means the Blanket Issuer Letter of Representations
between the City and DTC, dated August 31, 1998, as it may be amended from time to time, or
any successor or substitute letter relating to the operations procedures of the Securities Depository.
(u) “LID No. 152” means Local Improvement District No. 152 of the City of Pasco,
Washington created pursuant to Ordinance No. 4592.
(v) “Local Improvement Fund” means the Local Improvement Fund created and
established by Ordinance No. 4592 in the office of the Finance Director with respect to LID No.
152.
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FG: 101434497.4
(w) “Mayor” means the Mayor of the City or the successor to the functions of that
office.
(x) “MSRB” means the Municipal Securities Rulemaking Board.
(y) “Note Fund” means the Local Improvement District No. 152 Bond Anticipation
Note Fund, 2024 of the City authorized by Section 8 of this ordinance.
(z) “Note Purchase Agreement” means the note purchase agreement from the
Purchaser offering to purchase the Notes and setting forth certain terms and conditions of the
issuance, sale and delivery of the Notes, executed by the Designated Representative on behalf of
the City pursuant to this ordinance.
(aa) “Note Register” means the books or records maintained by the Note Registrar for
the purpose of identifying ownership of the Notes.
(bb) “Note Registrar” means the Fiscal Agent, or any successor Note Registrar selected
by the City.
(cc) “Notes” means the Local Improvement District No. 152 Bond Anticipation Notes,
2024, of the City issued pursuant to the terms of this ordinance.
(dd) “Owner” means, without distinction, the Registered Owner and the Beneficial
Owner.
(ee) “Purchaser” means D.A. Davidson & Co., the firm serving as underwriter for the
negotiated sale of the Notes.
(ff) “Rating Agency” means each nationally recognized rating agency then maintaining
a rating on the Notes at the request of the City.
(gg) “RCW” means the Revised Code of Washington.
(hh) “Record Date” means the Note Registrar’s close of business on the 15th day of the
month preceding an Interest Payment Date. With respect to redemption of a Note prior to its
maturity, the Record Date shall mean the Note Registrar’s close of business on the date on which
the Note Registrar sends the notice of redemption in accordance with Section 12.
(ii) Registered Owner” means, with respect to a Note, the person in whose name that
Note is registered on the Note Register. For so long as the City utilizes the book–entry system for
the Notes under the Letter of Representations, Registered Owner shall mean the Securities
Depository.
(jj) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934, as amended.
(kk) “SEC” means the United States Securities and Exchange Commission.
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FG: 101434497.4
(ll) “Securities Depository” means DTC, any successor thereto, any substitute
securities depository selected by the City that is qualified under applicable laws and regulations to
provide the services proposed to be provided by it, or the nominee of any of the foregoing.
(mm) “State” means the State of Washington.
(nn) “System of Registration” means the system of registration for the City’s bonds and
other obligations set forth in Ordinance No. 2845 of the City.
(oo) “Undertaking” means the undertaking to provide continuing disclosure entered into
pursuant to Section 14 of this ordinance.
Section 2. Findings and Determinations. The City takes note of the following facts and
makes the following findings and determinations:
(a) The City Council passed Ordinance No. 4592 and thereby created LID No. 152 for
the purpose ordering and financing construction of the Improvements.
(b) Pursuant to applicable law, including without limitation chapters 35.45, 35A.40 and
39.46 RCW, the City is authorized to issue the Bonds, including upon the completion of the
Improvements and the confirmation of the final assessment roll for LID No. 152, to provide
permanent financing for the Improvements. The City intends to issue the Bonds.
(c) Pursuant to applicable law, including without limitation chapter 39.50 RCW, the
City is authorized to issue short-term obligations in the form of local improvement district bond
anticipation notes if local improvement district bonds have been authorized by ordinance.
(d) RCW 35.54.060 provides that, for the purpose of maintaining its local improvement
guaranty fund, every city shall, at the time of making its annual budget and tax levy, provide for
the levy of a sum sufficient, with other sources of the fund, to pay the warrants issued against the
guaranty fund during the preceding fiscal year and to establish a balance therein (the “Guaranty
Fund Levy”). The statute further provides that the Guaranty Fund Levy in any one year may not
exceed the greater of: (1) 12 percent of the outstanding obligations guaranteed by the guaranty
fund or (2) the total amount of delinquent assessments and interest accumulated on the delinquent
assessments before the levy as of September 1, and that the taxes levied for the maintenance of the
local improvement guaranty fund shall be additional to and, if need be, in excess of all statutory
and charter limitations applicable to tax levies in the city.
(e) In anticipation of the issuance of the Bonds, and in order to provide interim
financing for costs of the Improvements, it is in the best interest of the City to issue and sell the
Notes to the Purchaser.
Section 3. Authorization of Bonds. For the purpose of paying or financing costs of the
Improvements and providing funds necessary to pay the Notes, the City shall issue Bonds in such
amount and form and with such terms as the City Council determines by ordinance. Proceeds of
the Bonds shall be paid into the Note Fund and applied, together with prepaid assessments received
from LID No. 152 and other available funds, in the amount sufficient to pay the Notes.
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FG: 101434497.4
Section 4. Purpose and Authorization of Notes. For the purpose of providing all or part
of the money required to pay or reimburse the City for costs of the Improvements, make a deposit
to the Guaranty Fund, pay interest on the Notes for a period not longer than six months after
completion of construction of the Improvements, and pay the costs of issuance of the Notes
pending issuance of the Bonds, the City is authorized to borrow money on the credit of the City
and issue the Notes with such Final Terms as are determined by the Designated Representative
consistent with the parameters set forth in Exhibit A to this ordinance.
Section 5. Description of the Notes; Appointment of Designated Representative. The
City Manager and the Finance Director, each acting independently, is appointed as the Designated
Representative of the City and is authorized and directed to conduct the sale of the Notes, in the
manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms
of the Notes, with such additional terms and covenants as the Designated Representative deems
advisable, within the parameters set forth in Exhibit A.
Section 6. Note Registrar; Registration and Transfer of Notes.
(a) Registration of Notes. The Notes shall be issued only in registered form as to both
principal and interest, and the ownership of the Notes shall be recorded on the Note Register.
(b) Note Registrar; Duties. The Fiscal Agent is appointed as initial Note Registrar. The
Note Registrar shall keep, or cause to be kept, at its office, sufficient books for purposes of
registering the name, mailing address and taxpayer identification number of the Registered Owners
of the Notes, and for registering any transfer of Note ownership. The books and records maintained
by the Note Registrar for such purpose shall be considered the Note Register for purposes of this
Ordinance. The Note Register shall at all times be open to inspection by the City. In addition to
maintaining the Note Register, the Note Registrar is authorized and directed to perform the
following duties with respect to the Notes: (i) to authenticate the Notes upon the initial issuance
thereof by executing the Certificate of Authentication contained thereon; (ii) to authenticate and
deliver any Note that is transferred in accordance with the provisions thereof and this ordinance;
(iii) to serve as the City’s paying agent for the Notes; (iv) to imprint on each Note transferred or
exchanged pursuant to this ordinance the name of the Registered Owner, the principal amount of
the Note, the interest rate borne by the Note, and the maturity date of the Note; (v) to cancel the
Note returned to the Note Registrar upon the payment in full thereof; and (vi) to carry out all of
the Note Registrar’s duties otherwise described in this ordinance and to comply fully with all
applicable federal and State laws and regulations respecting the carrying out of those duties. The
Note Registrar shall be responsible for its representations contained in the Certificate of
Authentication on the Notes.
(c) Transfer and Exchange. The Notes may be assigned or transferred only if endorsed
in the manner provided thereon and surrendered to the Note Registrar. Any such transfer shall be
without cost to the Registered Owner or transferee (other than any cost incurred by the Registered
Owner or transferee in preparing and delivering such transfer certificate) and shall be noted on the
Note Register. The Note Registrar shall not be obligated to assign or transfer any Note during the
15 days preceding any payment or redemption date.
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FG: 101434497.4
(d) Securities Depository; Book-Entry Only Form. The Designated Representative may
determine whether the Notes are to be issued in certificated or fully immobilized book-entry only
form. If the Notes are issued in book-entry form, DTC shall be appointed as initial Securities
Depository. Each Note initially shall be registered in the name of Cede & Co., as the nominee of
DTC. Each Note registered in the name of the Securities Depository shall be held in accordance
with the provisions of the Letter of Representations. Registered ownership of any Note registered
in the name of the Securities Depository may not be transferred except: (i) to any successor
Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to
any person if the Notes are no longer to be held in book-entry only form. Upon the resignation of
the Securities Depository, or upon a termination of the services of the Securities Depository by the
City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository
resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates
the services of the Securities Depository, the Notes no longer shall be held in book-entry only form
and the registered ownership of each Note may be transferred to any person as provided in this
ordinance. Neither the City nor the Note Registrar shall have any obligation to participants of any
Securities Depository or the persons for whom they act as nominees regarding accuracy of any
records maintained by the Securities Depository or its participants. Neither the City nor the Note
Registrar shall be responsible for any notice that is permitted or required to be given to a Registered
Owner except such notice as is required to be given by the Note Registrar to the Securities
Depository.
Section 7. Form and Execution of Notes.
(a) Form of Notes; Signatures and Seal. The Notes shall be prepared in a form
consistent with the provisions of this ordinance and State law, shall be signed by the Mayor and
the City Clerk, either or both of whose signatures may be manual or in facsimile, and shall have
the seal of the City (or facsimile reproduction thereof) impressed or printed thereon. If any officer
whose signature appears on the Notes ceases to be an officer of the City authorized to sign notes
before the Note bearing such officer’s signature is authenticated or delivered by the Note Registrar
or issued by the City, that Note nevertheless may be authenticated, delivered and issued and, when
authenticated, delivered and issued, shall be as binding upon the City as though that person had
continued to be an officer of the City authorized to sign notes. Any Note also may be signed and
attested on behalf of the City by any person who, on the actual date of the signing of the Note, is
an officer of the City authorized to sign notes, although such person did not hold the required office
on the date of issuance of the Notes.
(b) Authentication. The Note shall not be valid or obligatory for any purpose, or entitled
to the benefits of this ordinance, unless it bears a certificate of authentication manually signed by
the Note Registrar stating: “This Note is one of the fully registered City of Pasco, Washington,
Local Improvement District No. 152 Bond Anticipation Notes, 2024, described in the Note
Ordinance.” A minor deviation in the language of such certificate shall not void a certificate of
authentication that otherwise is substantially in the form of the foregoing. The authorized signing
of a certificate of authentication shall be conclusive evidence that the Note so authenticated has
been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance.
Section 8. Payment of Notes. Both principal of and interest on the Notes shall be
payable solely out of the City’s Local Improvement District No. 152 Bond Anticipation Note Fund,
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FG: 101434497.4
2024 (the “Note Fund”), a special fund that is hereby authorized to be created and maintained by
the Finance Director, and the Guaranty Fund, and shall be payable in lawful money of the United
States of America. Principal of and interest on each Note registered in the name of the Securities
Depository is payable in the manner set forth in the Letter of Representations. Interest on each
Note not registered in the name of the Securities Depository is payable by electronic transfer on
each Interest Payment Date, or by check or draft of the Note Registrar mailed on such Interest
Payment Date to the Registered Owner at the address appearing on the Note Register on the Record
Date. However, the City is not required to make electronic transfers except pursuant to a request
by a Registered Owner in writing received at least ten days prior to the Record Date and at the sole
expense of the Registered Owner. Principal of each Note not registered in the name of the
Securities Depository is payable upon presentation and surrender of the Note by the Registered
Owner to the Note Registrar. The Notes are not subject to acceleration under any circumstances.
The City covenants that on or before the maturity date of the Notes it will issue the Bonds,
refunding bond anticipation notes or a combination of the foregoing in an amount sufficient,
together with prepaid assessments received from LID No. 152 and other available funds, to pay
the Notes when due.
Section 9. Failure To Pay Notes. If principal of the Notes is not paid when properly
presented for payment on their maturity date or date of prior redemption, the City shall be obligated
to pay interest on the Notes from and after their maturity or prior redemption date until the Notes,
both principal and interest, are paid in full or until sufficient money for that payment in full is on
deposit in the Note Fund, and the City has given the Registered Owner notice that such money is
available to make such payment.
Section 10. Guaranty Fund. On the Issue Date, proceeds of the Notes in an amount, as
determined by the Designated Representative and not exceeding 10 percent of proceeds of the
Notes, shall be deposited into the Guaranty Fund such that the balance in the Guaranty Fund equals
an amount not less than the balance required to be maintained under this Section. For so long as
any of the Notes remain outstanding, the City shall take such actions as may be necessary,
consistent with chapters 34.45 and 35.54 RCW and other applicable state law and applicable
requirements of the Code, to maintain a minimum balance in the Guaranty Fund equal to 10 percent
of the principal amount of all bonds, notes and other obligations secured by the Guaranty Fund,
provided, that for the purpose of this calculation, the principal amount of bonds, notes and other
obligations secured by the Guaranty Fund shall be reduced by the amount then on deposit in the
respective debt service funds held by the City for payment and redemption of such bonds, notes
and other obligations.
In connection with the City’s annual budget preparation, the Finance Director shall review
the amount on deposit in the Guaranty Fund, the amount of delinquent installment payments
(including interest thereon) of local improvement district assessments secured by the Guaranty
Fund, and the respective amounts reasonably expected to be recovered from foreclosure
proceedings pursuant to chapter 35.50 RCW or other applicable law. Based on that review the
City shall, pursuant to RCW 35.54.060 and subject to applicable state law and constitutional
limitations and applicable requirements of the Code, provide for the levy of a sum sufficient,
together with other sources of the Guaranty Fund, to maintain the minimum balance described in
the preceding paragraph, and to provide for all payments reasonably expected to be made out of
the Guaranty Fund.
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FG: 101434497.4
Interest and earnings from the Guaranty Fund shall be retained within the Guaranty Fund.
The Finance Director may establish subaccounts within the Guaranty Fund, from time to time as
the Finance Director deems necessary or desirable for purposes of accounting for the investment
of money therein. Money in the Guaranty Fund shall be used solely for the payment of bonds,
notes and other obligations secured by such fund and as otherwise set forth in chapter 35.54 RCW
and other applicable law. Earnings subject to a federal tax or rebate requirement may be withdrawn
from the Guaranty Fund and used for those tax or rebate purposes. Any proceeds of Notes
remaining in the Guaranty Fund that the City determines will, upon the City’s issuance of Bonds
to pay and redeem the Notes, be in excess of the minimum balance required to be held therein
under this Section and no longer required for the purposes of the Guaranty Fund, may be
withdrawn from the Guaranty Fund and used and applied, together with prepaid assessments
received from LID No. 152 and proceeds of the Bonds, to pay principal of and interest on the Notes
consistent with applicable law.
Section 11. Use of Note Proceeds. The proceeds of the Notes and interest earnings
thereon shall be deposited in the Local Improvement Fund and used to pay or reimburse the City
for costs of the Improvements, make a deposit to the Guaranty Fund, pay interest on the Notes for
a period not longer than six months after completion of construction of the Improvements, and pay
the costs of issuance of the Notes. Until needed to pay those costs, the City may invest proceeds
of the Notes temporarily in any legal investment. Earnings subject to a federal tax or rebate
requirement may be withdrawn from the Local Improvement Fund and used for those tax or rebate
purposes. Any proceeds of Notes remaining in the Local Improvement Fund after paying or
reimbursing the costs of the Improvements, the costs of issuing the Notes, and for the other
purposes set forth in this section, or after the City Council has determined that the expenditure of
such Note proceeds for those purposes is no longer necessary or appropriate, may be used to pay
principal of and interest on the Notes consistent with applicable law.
Section 12. Redemption and Purchase of Notes.
(a) Redemption Provisions. The Notes shall have such redemption provisions, if any,
as shall be determined by the Designated Representative in accordance with the parameters set
forth in Exhibit A to this ordinance.
(b) Selection of Notes for Redemption; Partial Redemption. For so long as the Notes
are registered in the name of the Securities Depository, if less than all of the principal amount of
Notes with the same redemption date is to be redeemed, the Securities Depository shall select the
proportion of those Notes to be redeemed in accordance with the Letter of Representations. If the
Notes are not registered in the name of the Securities Depository, the Note Registrar shall select
the proportion of those Notes with the same redemption date to be redeemed randomly in such
manner as the Note Registrar shall determine. All or a portion of the principal amount of any Note
that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the
outstanding principal amount of any Note is redeemed, upon surrender of that Note to the Note
Registrar, there shall be issued to the Registered Owner, without charge, a new Note, bearing the
same estimated redemption date and interest rate, in the aggregate principal amount to remain
outstanding.
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(c) Notice of Redemption. Notice of redemption of each Note registered in the name of
the Securities Depository shall be given in accordance with the Letter of Representations. Notice
of redemption of each other Note, unless waived by the Registered Owner, shall be given by the
Note Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by
first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Note
Register on the Record Date. The requirements of the preceding sentence shall be satisfied when
notice has been mailed as so provided, whether or not it is actually received by an Owner. In
addition, the redemption notice shall be mailed or sent electronically within the same period to the
MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and
with such additional information as the Finance Director shall determine, but these additional
mailings shall not be a condition precedent to the redemption of any Note.
(d) Rescission of Redemption Notice. In the case of any redemption, the notice of
redemption may state that the City retains the right to rescind the redemption notice by giving a
notice of rescission to the affected Registered Owner(s) at any time on or prior to the date fixed
for redemption. Any notice of redemption that is so rescinded shall be of no effect, and each Note
for which a notice of redemption has been rescinded shall remain outstanding.
(e) Effect of Redemption. Interest on the principal portion of each Note called for
redemption shall cease to accrue on the date fixed for redemption, unless the notice of redemption
is rescinded as set forth above or payment is not made for the Note called for redemption
(f) Purchase of Notes. The City reserves the right to purchase any or all of the Notes
at any time at any price acceptable to the City plus accrued interest to the date of purchase.
Section 13. Tax Covenants.
(a) Preservation of Tax Exemption for Interest on the Notes. The City covenants that it
will take all actions necessary to prevent interest on the Notes from being included in gross income
for federal income tax purposes, and it will neither take any action nor make or permit any use of
proceeds of the Notes or other funds of the City treated as proceeds of the Notes that will cause
interest on the Notes to be included in gross income for federal income tax purposes. The City also
covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code
are applicable to the Notes, take all actions necessary to comply (or to be treated as having
complied) with those requirements in connection with the Notes.
(b) Post-Issuance Compliance. The Finance Director is authorized and directed to
adopt, implement, review and update the City’s written procedures to facilitate compliance by the
City with the covenants in this ordinance and the applicable requirements of the Code that must
be satisfied after the Issue Date to prevent interest on the Notes from being included in gross
income for federal tax purposes.
Section 14. Official Statement; Continuing Disclosure.
(a) Preliminary Official Statement Deemed Final. The Designated Representative shall
review the form of the preliminary official statement prepared in connection with the sale of the
Notes to the public. For the sole purpose of the Purchaser’s compliance with paragraph (b)(1) of
Rule 15c2-12, the Designated Representative is authorized to deem that preliminary official
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statement final as of its date, except for the omission of information permitted to be omitted by
Rule 15c2-12. The City approves the distribution to potential purchasers of the Notes of a
preliminary official statement that has been deemed final in accordance with this subsection.
(b) Approval of Final Official Statement. The City approves the preparation of a final
official statement for the Notes to be sold to the public in the form of the preliminary official
statement, with such modifications and amendments as the Designated Representative deems
necessary or desirable, and further authorizes the Designated Representative to execute and deliver
such final official statement to the Purchaser. The City authorizes and approves the distribution by
the Purchaser of that final official statement to purchasers and potential purchasers of the Notes.
(c) Undertaking to Provide Continuing Disclosure. To meet the requirements of
paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Notes, the
Designated Representative is authorized and directed to execute a written undertaking to provide
continuing disclosure for the benefit of holders of the Notes in substantially the form attached as
Exhibit B.
Section 15. Additional Covenants. The City covenants that it will (a) proceed with due
diligence to construct the Improvements; (b) require contractors to maintain performance bonds
and (c) proceed to promptly confirm the assessment roll with respect to LID No. 152 when final
costs of the Improvements are known to the City.
Section 16. Execution of Note Purchase Agreement. The City Manager and the Finance
Director, each acting independently, are authorized to execute as necessary the Note Purchase
Agreement on behalf of the City.
The Notes will be prepared at City expense and will be delivered to the Purchaser in
accordance with the Note Purchase Agreement, together with the approving legal opinion
of Bond Counsel regarding the Notes.
Section 17. Supplemental and Amendatory Ordinances. The City may supplement or
amend this ordinance for any one or more of the following purposes without the consent of the
Registered Owner:
(a) To add covenants and agreements that do not materially adversely affect the
interests of the Registered Owner, or to surrender any right or power reserved to or conferred upon
the City.
(b) To cure any ambiguities, or to cure, correct or supplement any defective provision
contained in this ordinance in a manner that does not materially adversely affect the interest of the
Registered Owner.
Section 18. General Authorization and Ratification. The Mayor, the City Manager, the
Finance Director, the City Clerk, other appropriate officers of the City and Bond Counsel are
severally authorized to take such actions and to create, accept, execute, send, use and rely upon
such documents, records and signatures (including in tangible medium, manual, facsimile or
electronic form, under any security procedure or platform, and notwithstanding any other City
ordinance, resolution, rule or policy) as in their judgment may be necessary or desirable to carry
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out the transactions contemplated in connection with this ordinance, and to do everything
necessary for the prompt delivery of the Notes to the Purchaser and for the proper application, use
and investment of the proceeds of the Notes. All actions taken prior to the effective date of this
ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the
terms of this ordinance are ratified and confirmed in all respects.
Section 19. Severability. The provisions of this ordinance are declared to be separate
and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal
periods having run, holds any provision of this ordinance to be invalid or unenforceable as to any
person or circumstance, such offending provision shall, if feasible, be deemed to be modified to
be within the limits of enforceability or validity. However, if the offending provision cannot be so
modified, it shall be null and void with respect to the particular person or circumstance, and all
other provisions of this ordinance in all other respects, and the offending provision with respect to
all other persons and all other circumstances, shall remain valid and enforceable.
Section 20. Rules of Interpretation. In this ordinance, unless the context or use
otherwise requires:
(a) The terms “hereby,” “hereof,” “hereto,” “herein” and any similar terms refer to this
ordinance as a whole and not to any particular section, paragraph, clause or subdivision of this
ordinance, and the term “heretofore” means before the date of this ordinance;
(b) All pronouns in this ordinance include all other pronouns, and words importing the
singular number mean and include the plural number and vice versa;
(c) The terms: (i) “includes” and “including” are not limiting; (ii) “or” is not exclusive;
and (iii) “person” or “persons” include firms, associations, partnerships (including limited
partnerships), trusts, corporations and other legal entities, including public bodies, as well as
natural persons;
(d) The cover page, the table of contents and any headings preceding the text of the
several sections and paragraphs of this ordinance, and any marginal notes appended to copies
hereof, are solely for convenience of reference and do not constitute a part of this ordinance, nor
do they affect its meaning, construction or effect; and
(e) All references herein to “sections,” “paragraphs, “clauses” and other subdivisions
are to the corresponding sections, paragraphs, clauses or subdivisions hereof.
Page 66 of 135
12
FG: 101434497.4
Section 21. Effective Date of Ordinance. This ordinance shall take effect and be in force
from and after its passage and five days following its publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, at an open public meeting
thereof, this 16th day of January, 2024, and signed in authentication of its passage this 16th day of
January, 2024.
Pete Serrano, Mayor
ATTEST:
Debra Barham, City Clerk
APPROVED AS TO FORM:
Foster Garvey P.C.
Bond Counsel
Page 67 of 135
Exhibit A
A-1
FG: 101434497.4
EXHIBIT A
PARAMETERS FOR FINAL TERMS OF THE NOTES
i. Principal Amount. The aggregate principal amount of the Notes shall not
exceed $21,000,000.
ii. Date. Each Note shall be dated its Issue Date, which date may not
be later than one year after the effective date of this
ordinance.
iii. Denominations, Name, etc. The Notes shall be issued in Authorized Denominations. The
Notes shall bear any name and additional designation as
deemed necessary or appropriate by the Designated
Representative or the Bond Registrar.
iv. Interest Rate(s). Each Note shall bear interest at the same fixed rate per
annum (computed on the basis of a 360-day year of twelve
30-day months) from the Issue Date or from the most recent
date for which interest has been paid or duly provided for,
whichever is later. The rate of interest for the Notes may not
exceed 6.50%, and the true interest cost to the City for the
Notes may not exceed 6.50%.
v. Interest Payment Dates. Interest shall be payable semiannually on such Interest
Payment Dates as are acceptable to the Designated
Representative, commencing no later than one year after the
Issue Date.
vi. Maturity Date. The Notes shall mature on an Interest Payment Date
acceptable to the Designated Representative that is not later
than three years after the Issue Date.
vii. Redemption Rights. The Designated Representative may approve redemption
provisions contained in the Note Purchase Agreement
providing that (A) the Notes shall not be subject to
redemption prior to their maturity date, or (B) the Notes shall
be subject to redemption, in whole or in part, prior to their
maturity date on any date on or after a date acceptable to the
Designated Representative at a redemption price equal to the
principal amount thereof plus accrued and unpaid interest to
the redemption date.
viii. Price. The purchase price of the Notes shall not be less than 95%
nor more than 110% of the stated principal amount of the
Notes.
ix. Other Terms & Conditions. The Designated Representative may determine whether it is
in the City’s best interest to provide for bond insurance or
Page 68 of 135
A-2
FG: 101434497.4
other credit enhancement; and may accept such additional
terms, conditions and covenants as he or she may determine
are in the best interests of the City, consistent with this
ordinance.
Page 69 of 135
Exhibit B
B-1
FG: 101434497.4
[Form of]
UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE
City of Pasco, Washington
Local Improvement District No. 152 Bond Anticipation Notes, 2024
The City of Pasco, Washington (the “City”), makes the following written Undertaking for
the benefit of holders of the above-referenced Notes (the “Notes”), for the sole purpose of assisting
the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a
participating underwriter for the Notes. Capitalized terms used but not defined below shall have
the meanings given in Ordinance No. ____ of the City (the “Note Ordinance”).
(a) Undertaking to Provide Annual Financial Information and Notice of Listed Events.
The City undertakes to provide or cause to be provided, either directly or through a designated
agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by
identifying information as prescribed by the MSRB:
(i) Annual financial information and operating data of the type included in the final
official statement for the Notes and described in paragraph (b) (“annual financial
information”);
(ii) Timely notice (not in excess of 10 business days after the occurrence of the event)
of the occurrence of any of the following events with respect to the Notes:
(1) principal and interest payment delinquencies; (2) non-payment related defaults,
if material; (3) unscheduled draws on debt service reserves reflecting financial
difficulties; (4) unscheduled draws on credit enhancements reflecting financial
difficulties; (5) substitution of credit or liquidity providers, or their failure to
perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form
5701 – TEB) or other material notices or determinations with respect to the tax
status of the Notes, or other material events affecting the tax status of the Notes;
(7) modifications to rights of holders of the Notes, if material; (8) bond calls (other
than scheduled mandatory redemptions of Term Notes), if material, and tender
offers; (9) defeasances; (10) release, substitution, or sale of property securing
repayment of the Notes, if material; (11) rating changes; (12) bankruptcy,
insolvency, receivership or similar event of the City or any obligated person, as
such “obligated person” and “Bankruptcy Events” are defined in Rule 15c2-12;
(13) the consummation of a merger, consolidation, or acquisition involving the City
or an obligated person or the sale of all or substantially all of the assets of the City
or an obligated person other than in the ordinary course of business, the entry into
a definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if material;
(14) appointment of a successor or additional trustee or the change of name of a
trustee, if material; (15) incurrence of a financial obligation of the City or obligated
person, if material, or agreement to covenants, events of default, remedies, priority
rights, or other similar terms of a financial obligation of the City or obligated
person, any of which affect security holders, if material; and (16) default, event of
Page 70 of 135
B-2
FG: 101434497.4
acceleration, termination event, modification of terms, or other similar events under
the terms of the financial obligation of the City or obligated person, any of which
reflect financial difficulties. The term “financial obligation” means a (i) debt
obligation; (ii) derivative instrument entered into in connection with, or pledged as
security or a source of payment for, an existing or planned debt obligation; or (iii)
guarantee of (i) or (ii). The term “financial obligation” shall not include municipal
securities as to which a final official statement has been provided to the MSRB
consistent with Rule 15c2-12; and
(iii) Timely notice of a failure by the City to provide required annual financial
information on or before the date specified in paragraph (b).
(b) Type of Annual Financial Information Undertaken to be Provided. The annual
financial information that the City undertakes to provide in paragraph (a):
(i) Shall consist of (1) annual financial statements prepared (except as noted in the
financial statements) in accordance with applicable generally accepted accounting
principles applicable to local governmental units of the State such as the City, as
such principles may be changed from time to time, which statements may be
unaudited, provided, that if and when audited financial statements are prepared and
available they will be provided; (2) a statement of the outstanding balance of
obligations secured by the Local Improvement Guaranty Fund; (3) the balance of
cash and investments in the Local Improvement Guaranty Fund at fiscal year end;
and (4) a statement of the amount of assessments that the City billed and collected
in that fiscal year;
(ii) Shall be provided not later than the last day of the ninth month after the end of each
fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal
year may be changed as required or permitted by State law, commencing with the
City’s fiscal year ending December 31, 2023; and
(iii) May be provided in a single or multiple documents, and may be incorporated by
specific reference to documents available to the public on the Internet website of
the MSRB or filed with the SEC.
If not submitted as part of the annual financial information described in paragraph (b)(i)
above, the City will provide or cause to be provided to the MSRB audited financial statements,
when and if available.
(c) Amendment of Undertaking. This Undertaking is subject to amendment after the
primary offering of the Notes without the consent of any holder of any Note, or of any broker,
dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under
the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the
MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief
statement of the reasons for the amendment. If the amendment changes the type of annual financial
information to be provided, the annual financial information containing the amended financial
Page 71 of 135
B-3
FG: 101434497.4
information will include a narrative explanation of the effect of that change on the type of
information to be provided.
(d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder
of each Note, and shall not inure to the benefit of or create any rights in any other person.
(e) Termination of Undertaking. The City’s obligations under this Undertaking shall
terminate upon the legal defeasance of all of the Notes. In addition, the City’s obligations under
this Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply
with this Undertaking become legally inapplicable in respect of the Notes for any reason, as
confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice
of such termination to the MSRB.
(f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the
City learns of any failure to comply with this Undertaking, the City will proceed with due diligence
to cause such noncompliance to be corrected. No failure by the City or other obligated person to
comply with this Undertaking shall constitute a default in respect of the Notes. The sole remedy
of any holder of a Note shall be to take action to compel the City or other obligated person to
comply with this Undertaking, including seeking an order of specific performance from an
appropriate court.
(g) Designation of Official Responsible to Administer Undertaking. The Finance
Director or his or her designee is the person designated, in accordance with the Note Ordinance,
to carry out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the
following actions:
(i) Preparing and filing the annual financial information undertaken to be provided;
(ii) Determining whether any event specified in paragraph (a) has occurred, assessing
its materiality, where necessary, with respect to the Notes, and preparing and
disseminating any required notice of its occurrence;
(iii) Determining whether any person other than the City is an “obligated person” within
the meaning of Rule 15c2-12 with respect to the Notes, and obtaining from such
person an undertaking to provide any annual financial information and notice of
listed events for that person required under Rule 15c2-12;
(iv) Selecting, engaging and compensating designated agents and consultants, including
financial advisors and legal counsel, to assist and advise the City in carrying out
this Undertaking; and
(v) Effecting any necessary amendment of this Undertaking.
Page 72 of 135
FG: 101434497.4
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby certify
as follows:
1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and
correct copy of the Ordinance duly passed at a regular meeting of the City Council of the City
(the “City Council”) held at the regular meeting place thereof on January 16, 2024 (the “Meeting”),
as the Ordinance appears on the minute book of the City.
2. The Ordinance will be in full force and effect five days after publication in the
City’s official newspaper, which publication date is __________, 2024.
3. The Meeting was duly convened, held and included an opportunity for public
comment, in all respects in accordance with law, 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 passage of the Ordinance.
Dated: __________, 2024.
CITY OF PASCO, WASHINGTON
Debra Barham, City Clerk
Page 73 of 135
Pasco City Council Meeting
January 8, 2024
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What is a LID?
A Local Improvement District (LID) serves as a mechanism to finance capital
improvements that primarily benefit property owners of specific properties.
◦Allow for long term financing of improvements typically at low-interest rates
◦Repayment is spread over many years
◦Assessments to property owners reflect special benefit received
◦Includes all specially benefitted properties in the assessment
As the improvements have a specific benefit to private owners, City funding of
improvements is not correct. City funding of improvements that don’t provide
widespread benefit conflict with the State of Washington prohibition on gifting of
public funds.
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LID Process
Initiated by resolution (City initiated) or petition (property owner initiated)
Potential LID is discussed as part of a public hearing. A LID is created by
council adoption of ordinance.
Two possible methodologies for assessment per State statute:
◦Mathematical – based on measurement unit
◦Special Benefit Analysis – assessment calculated by certified appraiser
◦A special benefit analysis will be undertaken for this LID upon
completion
◦As part of the planning process a preliminary appraisal was
undertaken by a third party
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LID Steps
◦Pre-formation and evaluation of feasibility
◦Formation
◦Cost estimates and preliminary assessment roll creation
◦Formation hearing notices to property owners
◦Formation hearing
◦Protest and appeals periods
◦Design, construction and interim financing
◦LID close out process
◦Final assessment roll and hearing
◦Post assessment roll hearing actions or appeals
◦Ordinance for final assessment roll
◦Treasurer notice of final assessment (30-day interest free prepayment period)
◦Long-term financing secured
◦First annual assessment payment due approximately one year later
Current
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East UGA Sewer LID
◦Project will construct sanitary sewer and lift station improvements within the East
Urban Growth Area Expansion
◦Area of improvement includes 20 parcels comprising approximately 1,100 acres and
ranging from seven acres to 232 acres in size
◦Includes parcels in various stages of development
◦Residential
◦Darigold
◦School District, High School
◦No property owners with LID 152 contested creation of the LID
◦Each property owner was in favor of LID creation
◦LID formation was approved by council May 2, 2022
◦Current request supports issuance of interim financing
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Project Map
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Future Steps
•Request council approval of note ordinance January 18 th
•Rating agency review planned for January 18 th
•Estimated bond sale date, February 7th
•Estimated construction completion, September 2024
•Final assessment available for council presentation and public hearing,
approximately November 2024
•Treasurer publication of final assessment, approximately December 2024
•Last step, sell of long-term bonds and retirement of interim financing
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Closing
•The local improvement district process is completed over an extended period
•LID serves as a financing tool
•Completion of the process includes various city departments and an external
team composed of financial advisors, bond counsel and underwriter.
•Questions?
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AGENDA REPORT
FOR: City Council January 3, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/8/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Resolution - Amendment No. 5 to RH2 Professional Services
Agreement for the Phase 2 PWRF Project
I. REFERENCE(S):
Resolution
PSA Amendment No. 5
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Proposed Amendment No. 5 to Professional Services Agreement (PSA) with
RH2 for PWRF Phase 2: $1,357,001.00
Summary:
Original PSA $422,542.00
Amendment No. 1 $267,625.00
Amendment No. 2 $9,038.00
Amendment No. 3 $111,584.00
Amendment No. 4 $1,364,811.00
Amendment No. 5 (proposed) $1,357,001.00
New PSA Total $3,532,601.00
The total estimated cost for this project is $38.2 million. This project is funded
100% by a Department of Ecology Clean Water State Revolving Fund
(CWSRF) low-interest loan. Loan payments will be paid from fees collected
from each of the Processors.
IV. HISTORY AND FACTS BRIEF:
Page 82 of 135
On August 10, 2021, the City entered into a Professional Services Agreement
(PSA) with RH2 Engineering, Inc., (RH2) for the design of approximately 200
million gallons (MG) of winter storage ponds at the Process Water Reuse
Facility (PWRF) to accomodate the needs of the new Darigold milk processing
plant. The ponds are needed to store processor wastewater during winter
months when irrigation is not permitted. Subsequent to this PSA, several
existing Processors also requested additional winter storage capacity to
support the expansions of their operations and facilities. The total winter
storage volume is now just over 300 MG.
Amendment No. 1 (previously approved): Due to the increased quantity of
winter storage needed to accommodate the existing Processors’ desired future
growth, the for was required permitting support environmental additional
acquisition of adjacent and other available US Bureau of Reclamation (USBR)
properties (three 80-acre parcels) for constructing the new storage ponds and
increasing the usable area of the land treatment system. The additional
environmental and historical, biological required permitting archeological,
assessments with written reports documenting the findings of the field
explorations.
Amendment No. 2 (previously approved): Based on requirements from
USBR, RH2 was tasked with preparing an Environmental Site Assessment
(ESA) for three USBR properties and for the westerly half of the City’s PWRF
parcel. The ESA was not anticipated in the initial contract scope of work. This
assessment focuses on identifying existing hazardous materials or likelihood to
encounter hazardous materials at time of soil disturbance based on prior uses
of the land. ESA was identified as a requirement for USBR to sell (dispose) of
their land.
Amendment No. 3 (previously approved): RH2 was asked to develop
additional environmental permitting scope to comply with Federal requirements
associated with the funding, supplementing the previously completed USBR
expedited NEPA process. Additionally, a separate 160-acre USBR parcel
became available for purchase south of Foster Wells Road and was identified
as a potential viable location for disposal of excavation material needed for the
construction of winter storage ponds. Acquisition of the additional parcel
required further cultural and environmental NEPA field work and reporting to
facilitate this second acquisition process with USBR.
Amendment No. 4 (previously approved): Additional engineering services
were needed for coordinating work between the multiple ongoing phases of the
PWRF improvements (including the Phase 3 work performed by Burnham SEV
Pasco, LLC), redesign of pond grading and excavation to account for Ecology’s
Dam Safety requirements specific to pond embankment construction, and to
remain in compliance with federal funding requirements for the anticipated
Construction services funding award through Ecology. Limited during
Page 83 of 135
construction were included.
Amendment No. 5 (Proposed): This amendment is presented to provide
additional engineering services during construction. The additive construction
support services include overall construction contract administration and
management, onsite construction observation and documentation, and project
management funding federal the with compliance in remain to duties
requirements and environmental regulations of the Clean Water State
Revolving Fund (CWSRF) awarded through the Water Quality Program of
Ecology.
V. DISCUSSION:
Now that this project is under construction the City has requested RH2 provide
construction administration services for this project. The proposed Amendment
5 accounts for expanded project administration tasks, various
agency/contractor coordination, as well as onsite observation and inspection to
meet project funding and regulatory requirements.
Ecology, who manages the CWSRF loan program, has been identified this
project as a Designated Equivalency Project (DEP). This means the project is
completely funded with federal funds that pass through a state program. With
the DEP designation, additional environmental compliance elements were
required.
To allow this project to move forward the City needed to purchase properties
adjacent to the PWRF from the US Bureau of Reclamation (USBR). This
federal property acquisition specifically requires monitoring of burrowing owl
activity on these parcels and coordination with the Washington Department of
Fish and Wildlife when or if relocation of owl burrows becomes necessary.
Federal funding on this project also triggers the thorough review, reporting, and
record-keeping payroll certified and prevailing contractor of wage
documentation, both of which involve additional coordination between the city
and construction contractor employees. Comprehensive review of pay requests
from the contractor also entails extensive knowledge of actual construction
progress, thereby requiring regular frequency of onsite inspection and
observation.
In April 2023, the Department of Ecology Water Quality Program released a
new lagoon and liner design guidelines (Publication 98-37) which implements
requirements for construction of lined lagoons as authorized through Chapter
173-240 WAC. For the new installation of a pond liner, the Ecology regulations
require a modern electrical leak detection technology to ensure liner integrity
when placing the new ponds into service. As this type of field testing was not
Page 84 of 135
anticipated at the time the construction contract was awarded, this amendment
includes provisions for the consultant to subcontract with a third party to
perform these services.
The total estimated construction cost of this project is $35.4 million. Upon
approval of Amendment No. 5, the total PSA amount represents approximately
10% of the estimated construction cost. This is below the typical 15-20%
design fees.
Staff recommends approval of Amendment No. 5 to the PSA with RH2
Engineering for the PWRF Pretreatment Improvements Phase 2 Winter
Storage Pond project in the amount of $1,357,001.00.
Page 85 of 135
Resolution - PWRF Phase 2 Amend No. 5 w/ RH2 Agreement - 1
Version 10.25.23
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5
FOR THE PROFESSIONAL SERVICES AGREEMENT WITH RH2
ENGINEERING, INC. FOR THE PROCESS WATER REUSE FACILITY
(PWRF) PRETREATMENT IMPROVEMENTS PHASE 2: WINTER STORAGE
CAPACITY.
WHEREAS, the City of Pasco (City) RH2 Engineering, Inc. 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, the City and RH2 Engineering, Inc. entered into Amendment No. 1 on May
9, 2022, to add additional professional engineering (design) services for additional winter storage ;
and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 2 on July
12, 2022, to add additional professional engineering services required for the acquisition of
additional land from the United States Bureau of Reclamation (USBR); and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 3 on
August 26, 2022, to add additional professional engineering services for cultural and
environmental field work and associated reporting for an additional 160-acre parcel owned by the
USBR, and additional permitting support to facilitate the acquisition process being administered
by the USBR to meet funding requirements; and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 4 on
January 6, 2023, to add additional professional engineering services for supporting the future
operations of the facility by interconnecting ponds, coordinating work between the multiple
ongoing phases of the project at the PWRF site, funding assistance, and limited construction
support; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into Amendment
No. 5 to allow RH2 Engineering, Inc. to provide additional professional engineering services
during construction including construction contract administration, and project management duties
in compliance with the Federal regulations of the Clean Water State Revolving Fund (CWSRF)
loan.
Page 86 of 135
Resolution - PWRF Phase 2 Amend No. 5 w/ RH2 Agreement - 2
Version 10.25.23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of
Amendment No. 5 between the City of Pasco and RH2 Engineering, Inc. as attached hereto and
incorporated herein as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Amendment No. 5 on behalf of the City of
Pasco; and to make minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution will take effect immediately.
PASSED by the City Council of the City of Pasco, Washington , on this ___ day of
_________________, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 87 of 135
Amendment No. 5 to RH2 Engineering, Inc. PSA
Process Water Reuse Facility Pretreatment Improvements – Phase 2: Winter Storage Page 1
AMENDMENT NUMBER 5 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 August 10, 2021, to provide engineering services with respect to the Process Water
Reuse Facility (PWRF) Improvements project; and
WHEREAS, as the Phase 2 project progressed, RH2 Engineering and City Staff have
identified additional need for winter storage capacity; and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 1 on May
9, 2022, to add additional professional engineering (design) services for additional winter storage ;
and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 2 on July
12, 2022, to add additional professional engineering services required for the acquisition of
additional land from the United States Bureau of Reclamation (USBR); and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 3 on
August 26, 2022, to add additional professional engineering services for cultural and
environmental field work and associated reporting for an additional 160-acre parcel owned by the
USBR, and additional permitting support to facilitate the acquisition process being administered
by the USBR to meet funding requirements; and
WHEREAS, the City and RH2 Engineering, Inc. entered into Amendment No. 4 on
January 6, 2023, to add additional professional engineering services for supporting the future
operations of the facility by interconnecting ponds, coordinating work between the multiple
ongoing phases of the project at the PWRF site, funding assistance, and limited construction
support; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into Amendment
No. 5 to allow RH2 Engineering, Inc. to provide additional professional engineering services
during construction including construction contract administration, and project management duties
in compliance with the Federal regulations of the Clean Water State Revolving Fund (CWSRF)
loan.
NOW, THEREFORE, this Agreement is amended to allow RH2 Engineering, Inc., to
provide additional professional engineering services during construction as described on Exhibit
A.
Page 88 of 135
Amendment No. 5 to RH2 Engineering, Inc. PSA
Process Water Reuse Facility Pretreatment Improvements – Phase 2: Winter Storage Page 2
1. Scope of Work:
See Exhibit A
2. Fee:
The compensation for the work is based on a Time and Materials Basis not to exceed the
amount of $1,357,001.00 for a total authorization amount of $3,532,601.00. See Exhibit
B.
3. Time of performance:
The services shall be complete for the project on or before December 31, 2024.
DATED THIS _____ DAY OF _____________________________, 2024.
CITY OF PASCO, WASHINGTON CONSULTANT
Adam R. Lincoln, City Manager, RH2 Engineering, Inc. Paul Cross, PE -
Principal
Page 89 of 135
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12/13/2023 11:36:41 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\PSC\21-0236\00 CONTRACT\A-5\AMEND NO. 5_SOW_PWRF PH 2 SDC-REGULAR.DOCX
EXHIBIT A
Scope of Work
Amendment No. 5
City of Pasco
Process Water Reuse Facility Improvements – Winter Storage
Regular Services During Construction
December 2023
Background
The City of Pasco (City) has requested that RH2 Engineering, Inc., (RH2) provide regular construction
observation and contract administration services for the Process Water Reuse Facility (PWRF)
Improvements – Phase 2: Winter Storage Project. This Amendment is additive to Contract
Amendment No. 4 for limited services during construction (SDC). It is anticipated the project will start
in December 2023 and be finalized in May 2025 based on allotted working days for the contractor.
Task 8 – Services During Construction (Regular)
Objective: Provide engineering services, construction contract administration, and project
management during the construction phase of the project. This Task is additive to Contract
Amendment No. 4, Task 8.
Approach:
Provide project administration services during construction, including staff scheduling,
recordkeeping and filing, and project invoicing. Provide monthly billing invoices, including a
detailed breakdown of RH2 staff hours. Include a summary of expenditures, percentage
complete, and budget remaining. Coordinate with the City’s project manager on a regular
basis to discuss project and task status.
Manage RH2 ShareFile site for uploading and managing project documents.
Review and track contractor Statements of Intent to Pay Prevailing Wages and Certified
Payrolls. Perform wage rate interviews with contractor’s employees.
Prepare and distribute meeting agendas/minutes for weekly on-site construction meetings
Monitor burrowing owl activity on the U.S. Department of Reclamation’ (Reclamation) and
SE Reclamation parcels and coordinate with the Washington Department of Fish and Wildlife
on burrow abandonment or owl relocation. It is anticipated that trail cameras will be used to
monitor owl burrows during December.
Attend weekly on-site construction meetings.
Provide daily correspondence and coordination with City, contractor, and agencies.
Provide additional part-time construction observation services. The intent of the on-site
observation is to observe the quality and compliance of the work with the construction
Page 90 of 135
City of Pasco Exhibit A
PWRF Improvements – Winter Storage Scope of Work
Regular SDC Amendment No. 5
2
12/13/2023 11:36:41 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\PSC\21-0236\00 CONTRACT\A-5\AMEND NO. 5_SOW_PWRF PH 2 SDC-REGULAR.DOCX
contract plans and specifications. The Fee Estimate is additive to Contract Amendment No. 4,
subtask 8.6 and reflects approximately twenty-four (24) hours per week of on-site
observations by an RH2 representative for the duration of the construction period (assumed
to be eighty-eight (88) weeks). Notify the contractor and the City of work that has been
observed to have not been completed in accordance with the plans and specifications and
discuss rectification. Review pay requests from the contractor and forward approved pay
requests to the City for processing. Prepare progress reports, including construction contract
time remaining statements and weekly statements of working days.
Subcontract with a testing agency to provide electronic leak detection services for the
103 million gallon (MG), 106 MG, and 120 MG lagoons using the water puddle testing
method.
Attend final contractor inspection with City staff and prepare a punchlist.
Prepare a letter recommending project acceptance and project closeout documents following
completion of construction.
Assumptions:
• Contract Amendment No. 4, subtask 8.8 originally assumed sixteen (16) hours of part-time
construction observation services for fifty-two (52) weeks. Additional hours and duration have
been included in subtask 8.17 to account for RH2 providing regular SDC services and the
contract being longer than originally anticipated.
• Trail cameras and burrowing owl traps will be used for subtask 8.15. Rental costs for the trail
cameras and material costs for burrowing owl traps will be billed to the project.
• A UTV will be used for subtask 8.18 to access the site. RH2 will provide an accompanying
invoice for the UTV rental with RH2’s monthly billing.
• Subtask 8.19 will require RH2 to issue a change proposal for the PWRF Phase 2 contractor
(Tapani, Inc.) to provide a water truck, up to 500 feet of hose, 5,000 gallons per day of City or
well water, and one (1) to two (2) laborers to assist with handling and operation of the hoses
and water truck for the testing agency performing the electronic leak detection service. The
leak detection survey may take up to twenty (20) working days.
Provided by City:
• Attendance at weekly construction meetings.
RH2 Deliverables:
• Attendance at weekly construction meetings, agenda, and meeting minutes in electronic PDF.
• Written responses to pay requests in electronic PDF.
• Part-time construction observation.
Page 91 of 135
City of Pasco Exhibit A
PWRF Improvements – Winter Storage Scope of Work
Regular SDC Amendment No. 5
3
12/13/2023 11:36:41 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\PSC\21-0236\00 CONTRACT\A-5\AMEND NO. 5_SOW_PWRF PH 2 SDC-REGULAR.DOCX
• Progress reports, observation reports, construction contract time remaining statements, and
weekly statements of working days in electronic PDF.
• Electronic leak detection survey report.
Page 92 of 135
EXHIBIT B
Fee Estimate
Amendment No. 5
City of Pasco
PWRF Improvements Phase 2 - Winter Storage
Services During Construction
Dec-23
Description
Total
Hours
Total Labor Total
Subconsultant
Total Expense Total Cost
Task 8 Services During Construction (Regular)5356 1,084,953$ 218,500$ 53,548$ 1,357,001$
PROJECT TOTAL 5356 1,084,953$ 218,500$ 53,548$ 1,357,001$
\\corp.rh2.com\dfs\Projects\Data\PSC\21-0236\00 Contract\A-5\Amend No. 5_FEE_PWRF PH 2 SDC-Regular 12/19/2023 9:22 AMPage 93 of 135
RATE LIST RATE UNIT
Professional I $169 $/hr
Professional II $184 $/hr
Professional III $207 $/hr
Professional IV $226 $/hr
Professional V $240 $/hr
Professional VI $259 $/hr
Professional VII $280 $/hr
Professional VIII $293 $/hr
Professional IX $311 $/hr
Technician I $130 $/hr
Technician II $144 $/hr
Technician III $162 $/hr
Technician IV $177 $/hr
Technician V $192 $/hr
Technician VI $211 $/hr
Technician VII $229 $/hr
Technician VIII $239 $/hr
Control Specialist I $170 $/hr
Control Specialist II $185 $/hr
Control Specialist III $208 $/hr
Control Specialist IV $227 $/hr
Control Specialist V $240 $/hr
Control Specialist VI $259 $/hr
Control Specialist VII $276 $/hr
Control Specialist VIII $289 $/hr
Control Specialist IX $289 $/hr
Control Technician I $130 $/hr
Control Technician II $144 $/hr
Control Technician III $165 $/hr
Control Technician IV $177 $/hr
Control Technician V $192 $/hr
Control Technician VI $211 $/hr
Control Technician VII $229 $/hr
Control Technician VIII $239 $/hr
Administrative I $87 $/hr
Administrative II $102 $/hr
Administrative III $120 $/hr
Administrative IV $144 $/hr
Administrative V $168 $/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
Night Work 10.00%% of Direct Labor
Mileage $0.6550
price per mile
(or Current IRS Rate)
Subconsultants 15%Cost +
Outside Services at cost
EXHIBIT C
RH2 ENGINEERING, INC.
2024 SCHEDULE OF RATES AND CHARGES
Rates listed are adjusted annually. Page 94 of 135
EQUIPMENT RATE UNIT
Pressure Data Logger 30$ $/Day
120$ $/Week
360$ $/Month
Set of 2 Hose Monster Assemblies 50$ $/Day
200$ $/Week
600$ $/Month
Set of 6 Pressure Data Loggers 180$ $/Day
720$ $/Week
2,160$ $/Month
Set of 2 Hose Monster Assemblies w/ 6 Pressure Data Loggers 230$ $/Day
920$ $/Week
2,760$ $/Month
Set of 2 Hose Monster Assemblies w/ 9 Pressure Data Loggers 320$ $/Day
1,280$ $/Week
3,840$ $/Month
EQUIPMENT RATE UNIT
Coco-80 w/ 4 Accelerometers 80$ $/Pump
320$ $/Day
960$ $/Week
ITIG-II Model C w/ test probes 90$ $/Pump
360$ $/Day
1,080$ $/Week
ITIG-II and Power Pack w/ test probes 190$ $/Pump
760$ $/Day
2,280$ $/Week
PowerSight 3500 w/ test probes 15$ $/Pump
60$ $/Day
180$ $/Week
FLIR E8 WIFI Thermal Camera 15$ $/Pump
60$ $/Day
180$ $/Week
EQUIPMENT RATE UNIT
Articulating Boroscope 200$ $/Day
Thru-Coat Thickness Gauge 200$ $/Day
Dry Film Thickness Gauge 50$ $/Day
Wenner 4-Pin Method 200$ $/Day
AWWA Soil Testing 150$ $/Sample
135$ $/Day
Rectifier 540$ $/Week
1,620$ $/Month
EQUIPMENT RATE UNIT
Drone with Operator at Professional Rate not Inlcuded 50$ $/Hr
100$ $/Day
400$ $/Week
Trail Camera 55$ $/Month
SPECIAL EQUIPMENT - DRONES AND CAMERAS
CORROSION EQUIPMENT
RH2 EQUIPMENT RENTAL RATES
SYSTEM FLOW AND PRESSURE TESTING EQUIPMENT
SPECIAL EQUIPMENT - PUMP AND MOTOR TESTING
Page 95 of 135
Process Water Reuse Facility Phase 2 Project Amendment 1-5
Summary List:
• Amendment No. 1 (previously approved): Due to the increased quantity of winter
storage needed to accommodate the existing Processors’ desired future growth,
additional environmental permitting support was required for the acquisition of adjacent
and other available US Bureau of Reclamation (USBR) properties (three 80-acre
parcels) for constructing the new storage ponds and increasing the usable area of the
land treatment system. The additional environmental permitting required archeological,
historical, and biological assessments with written reports documenting the findings of
the field explorations $267,625.00.
• Amendment No. 2 (previously approved): Based on requirements from USBR, RH2
was tasked with preparing an Environmental Site Assessment (ESA) for three USBR
properties and for the westerly half of the City’s PWRF parcel. The ESA was not
anticipated in the initial contract scope of work. This assessment focuses on identifying
existing hazardous materials or the likelihood to encounter hazardous materials at the
time of soil disturbance based on prior uses of the land. ESA was identified as a
requirement for USBR to sell (dispose) of their land $9,038.00.
• Amendment No. 3 (previously approved): RH2 was asked to develop additional
environmental permitting scope to comply with Federal requirements associated with the
funding, supplementing the previously completed USBR expedited NEPA process.
Additionally, a separate 160-acre USBR parcel became available for purchase south of
Foster Wells Road and was identified as a potential viable location for the disposal of
excavation material needed for the construction of winter storage ponds. Acquisition of
the additional parcel required further cultural and environmental NEPA fieldwork and
reporting to facilitate this second acquisition process with USBR $111,584.00.
• Amendment No. 4 (previously approved): Additional engineering services were
needed for coordinating work between the multiple ongoing phases of the PWRF
improvements (including the Phase 3 work performed by Burnham SEV Pasco, LLC),
redesign of pond grading and excavation to account for Ecology’s Dam Safety
requirements specific to pond embankment construction, and to remain in compliance
with federal funding requirements for the anticipated Construction funding award through
Ecology. Limited services during construction were included $1,364,811.00.
• Amendment No. 5 (Proposed): This amendment is presented to provide additional
engineering services during construction. The additive construction support services
include overall construction contract administration and management, onsite
construction observation and documentation, and project management duties to remain
in compliance with the federal funding requirements and environmental regulations of
the Clean Water State Revolving Fund (CWSRF) awarded through the Water Quality
Program of Ecology $1,357,001.00.
Page 96 of 135
Pasco City Council Workshop
Meeting
January 8, 2024
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PWRF Phase 2-PSA Amendment No. 5 for RH2
Engineering, Inc., Project # 21-298
Site Work in Progress for
Future Winter Storage Lagoons
Existing Winter Storage
Lagoons (123 MG)
Existing Storage
Ponds
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PWRF Phase 2-PSA Amendment No. 5 for RH2
Engineering, Inc., Project # 21-298
EMBEDDED DRONE FOOTAGE
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PWRF Phase 2-PSA Amendment No. 5 for RH2
Engineering, Inc., Project # 21-298
PWRF Phase 2 Improvements
Amendment No. 5 (proposed) $1,357,001.00
New PSA Total $3,532,601.00
Total estimated project Cost for
Phase 2 ‐ Construction
$35.4 million
Summary of Amendment No. 5 Scope
•Full Construction administration duties:
•Inspection
•Project documentation and reporting
•Regulatory and environmental compliance with federal funding
•Pond liner integrity testing required by Ecology guidelines.
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AGENDA REPORT
FOR: City Council December 11, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/8/24
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Change Order No. 7 to Citywide Traffic Signal
Improvements Ph 2 Project
I. REFERENCE(S):
Resolution
Change Order No. 7
Change Order Summary List
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Contract Awarded to Apollo, Inc. for construction by Council on September 12,
2022, for $4,313,512.00
The Total Estimated Project Cost, including the design and right-of-way
phases, is $5,752,507. The change orders are within the budgeted amount
within the project contingency.
Funding for the project includes the following Funding Sources
City of Pasco Arterial Fund $51,428.00
City of Pasco I-182 Fund $637,932.00
TAP Funds $146,891.00
STBG Funds $2,410,269.00
HIP Funds $405,987.00
REET Fund (per budget amendment
9/12/2022) $2,100,000.00
Total $5,752,507.00
Change Orders to Date:
Page 102 of 135
Awarded Contract 9/12/2022 $4,313,512.00
Change Order 1 $(165,600.00)
Change Order 2 $178,436.19
Change Order 3 $23,000.00
Change Order 4 $101,941.94
Change Order 5 $69,865.92
Change Order 6 $91,266.28
Proposed Change Order 7 $20,302.61
New Contract Total $4,632,724.94
A summary of each Change Order is attached.
IV. HISTORY AND FACTS BRIEF:
The Citywide Traffic Signal Improvements Project was initially scoped to
provide upgrades to all 32 signal systems at intersections throughout the city.
Due to grant funding availability the project has been divided into three phases.
Phase 1 is complete and included 11 intersections. Phase 2 is currently under
construction and includes 15 intersections. And the Phase 3 project, which still
requires funding, will include the final 6 intersections.
Signal Traffic Citywide the awarded 2022, 12, September On Council
Improvements Phase 2 contract to Apollo, Inc. for a total contract amount of
$4,313,512.00. The change order makes up for 7.4% of the initial awarded
contract. A summary of these Change Orders is attached for review.
V. DISCUSSION:
The intersection of Sylvester Street and 10th Avenue required additional work
by the contractor to correct a drainage issue. The existing intersection slopes
were very flat around the northeast corner radius and extending north up 10th
Avenue. The new curbs and pedestrian ramps were constructed to ensure that
runoff flowed around the radius of the curb in compliance with American with
Disabilities Act (ADA) requirements.
This change order is to address other ponding issues at the intersection. To
eliminate existing ponding the existing pavement on the northern leg of the
intersection was removed to allow for new pavement to be placed with a crown
that would ensure runoff flows to the curbs.
Staff recommends approval of Change Order No. 7 in the amount of
$20,302.61.
Page 103 of 135
Resolution – CO No. 7 Citywide Traffic Signal Impr. Ph 2 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
7 TO THE CONSTRUCTION CONTRACT WITH APOLLO, INC. FOR THE
CITYWIDE TRAFFIC SIGNAL IMPROVEMENTS PHASE 2 PROJECT.
WHEREAS, the City of Pasco (City) and Apollo, Inc. entered into a Construction Contract
on October 31, 2022, for construction of the Citywide Traffic Signal Improvements Phase 2
Project; and
WHEREAS, Phase 2 involves (twelve) 12 signalized intersections and three (3) alternate
signalized intersections ; and
WHEREAS, previously approved Change Orders Nos. 1-6 were authorized under the
authority provided to the City Manager and the Public Works Director; and
WHEREAS, proposed Change Order No. 7 involves work required in the intersection of
10th Avenue & Sylvester Street to correct drainage issues; and
WHEREAS, the $20,302.61 amount of Change Order No. 7 added to the cumulative sum
of previous approved Change Orders, exceeds the City Manager’s authority, and thus requires
Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of Change
Order No. 7 between the City of Pasco and Apollo, Inc. as attached here to and incorporated herein
as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Change Order No. 7 on behalf of the City of
Pasco.
Be It Further Resolved, that this Resolution will take effect immediately.
Page 104 of 135
Resolution – CO No. 7 Citywide Traffic Signal Impr. Ph 2 - 2
PASSED by the City Council of the City of Pasco, Washington , on this ___ day of
__________, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 105 of 135
EXHIBIT A
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Page 132 of 135
Citywide Traffic Signal Improvements Phase 2 Change Order Summary
List:
1. Change Order 1: For the removal of bid item 21 – signal modifications. Sandifur Pkwy &
Broadmoor Blvd. $(165,600.00)
2. Change Order 2: While the Citywide Traffic Signal Improvements Phase 2 project was bidding,
the Sylvester Street Safety Improvements project was under design. The design of the Sylvester
Street Improvements project changed the lane configuration on Sylvester Street and added
pedestrian bulb outs at several of the intersections along the Sylvester Street corridor. These
design changes were not reflected in the Citywide Traffic Signal Improvements Phase 2 design
plans. This change order is to incorporate the necessary changes to the intersections of Sylvester
Street and 5th Avenue, Sylvester Street and 10th Avenue, and Sylvester Street and 28th Avenue
to tie into the revised lane configurations planned for the Sylvester Street Corridor. $178,436.19
3. Change Order 3: is to add bid items to the project for the removal of cement concrete curb and
gutter and removal of cement concrete sidewalk. $23,000.00
4. Change Order 4: is to replace the existing traffic signal pole on the northeast corner of the Road
40 and Court Street intersection with a new traffic signal on the northwest corner of the
intersection. $101,941.94
5. Change Order 5: is for the force account work that was necessary due to design changes made
during construction to ensure that the new pedestrian improvements were constructed per
current ADA requirements. $69,865.92
6. Change Order 6: is for directional boring at the locations of W Sylvester and 4th Street, W Court
Street and Road 36, and W Ainsworth and 10th Ave to install new power connections for the
traffic signals. $91,266.28
7. Change Order 7: is for the work required in the intersection of 10th Ave and Sylvester Street to
correct drainage issues. $20,302.61
Page 133 of 135
QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
Page 134 of 135
CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
Page 135 of 135