HomeMy WebLinkAbout2025.10.14 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Tuesday, October 14, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment)
to obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this workshop.
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 1-332-249-0718 and use access
code 900 330 864#.
Audio equipment available for the hearing impaired; contact the Clerk for
assistance.
Servicio de intéprete puede estar disponible con aviso. Por favor avisa la
Secretaria Municipal dos dias antes para garantizar la disponiblidad.
(Spanish language interpreter service may be provided upon request.
Please provide two business day's notice to the City Clerk to ensure
availability.)
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. Colima-Pasco Association (COPA) Student Delegation
5. VERBAL REPORTS FROM COUNCILMEMBERS
6. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC
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COMMENT – the public may comment on each topic scheduled for
discussion, up to 2 minutes per person with a total of 8 minutes per item. If
opposing sides wish to speak, then both sides receive an equal amount of
time to speak or up to 4 minutes each side.
3 - 14 (a) Columbia Basin Veterans Center Presentation (10 minute
presentation)
Presentation from Kristopher Dahir, Executive Director at Columbia
Basin Veterans Center .
15 - 54 (b) Introduction of Water & Sewer Bond Ordinance (3 minute staff
presentation)
55 - 70 (c) Resolution - Project Acceptance Highland Park Southside
Landscape (3 minute staff presentation)
71 - 84 (d) Resolution - Project Acceptance for the Burden Boulevard
Soccer Complex Field Lighting (5 minute staff presentation)
85 - 149 (e) Resolutions and Ordinance - Road 80 Park Acceptance of Grant;
Amendment of Capital Budget and Purchase Agreement (10
minute staff presentation)
150 - 186 (f) Resolution - Supplement to Professional Services Agreement
with Consor North America, Inc. for Design Services for the
Sylvester Street Overpass Pedestrian/ Bicycle Access Project (5
minute staff presentation)
7. MISCELLANEOUS COUNCIL DISCUSSION
8. EXECUTIVE SESSION
(a) To Consider Site Selection or Acquisition of Real Estate
Purchase or Lease if Likelihood that Disclosure Would Increase
Price per RCW 42.30.110(1)(b) and Discussion with Legal
Counsel About Legal Risks of Current or Proposed Action per
RCW 42.30.110(1)(i) (60 minutes)
9. ADJOURNMENT
10. ADDITIONAL NOTES
187 - 188 (a) Adopted Council Goals (Reference Only)
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AGENDA REPORT
FOR: City Council October 8, 2025
TO: Harold Stewart, City Manager City Council Workshop
Meeting: 10/14/25
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Columbia Basin Veterans Center Presentation (10 minute presentation)
I. ATTACHMENT(S):
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation from Kristopher Dahir, Executive Director at Columbia Basin
Veterans Center .
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
At the July 21, 2025, City Council meeting, Mr. Dahir introduced his
organization during public comments.
In August, Councilmember Harpster recommended that Mr. Dahir return to
present the services offered by the Pasco-based Columbia Basin Veterans
Center to the Tri-Cities community. Council agreed with the suggestion.
V. DISCUSSION:
Mr. Dahir will provide an overview of the Columbia Basin Veterans Center
mission and services.
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Strengthening the
Lives of Veterans
and Their Families
Executive Director,
Kristopher Dahir
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Strengthening the lives of veterans and their families
The Columbia Basin Veterans Center (CBVC) is a
nonprofit organization committed to fostering the
well-being and empowerment of veterans throughout
the Columbia Basin. We support veterans in
reintegrating into the community and accessing the
resources they have earned.
Core Functional Areas:
• Veterans Therapeutic Court
• Housing
• Community Outreach & Connection
• Resource Assistance
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Strengthening the lives of veterans and their families
Veterans Therapeutic Court
•Mentorship
•Continued Conversations
•On-going Support
Coffee Bunker
Breakfast, coffee and conversations for veterans
1st Friday, 3rd Friday, last Saturday
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Strengthening the lives of veterans and their families
Housing Assistance
•Kennewick - Wagenaar-Pfister House
•Richland - Alexander House
•Pasco (Future goal- home for low barrier to graduate into)
•Temporary (Work with regional support for all veterans)
Goal:
These homes work closely with local housing groups to help offer housing for veterans who do
not have a place to sleep. We offer classes and assistance to see them get on their feet.
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Wagenaar-Pfister House
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Alexander House
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Strengthening the lives of veterans and their families
Community Outreach & Connection
•Women’s Night Out- Monthly
•Vets on the Green- Weekly
•2nd Harvest- Quarterly
•Veterans Resource Expo- Yearly
•Coffee Bunker- 3 times a month
•Alternate 4th of July gathering
•Parades
Goal:
Give opportunities for veterans to connect
and know they are supported and known.
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Strengthening the lives of veterans and their families
A Veterans Month of Community Support
Connecting. Honoring. Supporting. (Yard Sign)
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Strengthening the lives of veterans and their families
Resource Assistance
•Provide Office for VA resource connection
•Provide Office for Benton/Franklin County
•Collaborate with government offices for resources
•Work with service groups
•Utilities, living situation, food
•Educational opportunities
Goal:
We believe that veterans should have access to the
resources they have earned and will help them navigate
the process.
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Strengthening the lives of veterans and their families
How Are We Funded?
•Grants
•Fundraising
•Personal Donations
•Membership Program Important:
We are not a government agency but a 501c3 nonprofit
organization. It is a caring and giving community that
allows our doors to stay open.
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Strengthening the lives of veterans and their families
Up and Coming Save the Dates
•Spring Gala- ”Stand With Us” (May 1, 2026)
•Fall Golf Tournament (September 12, 2026)
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AGENDA REPORT
FOR: City Council October 8, 2025
TO: Harold Stewart, City Manager City Council Regular
Meeting: 10/14/25
FROM: Griselda Garcia, Interim Director
Finance
SUBJECT: Introduction of Water & Sewer Bond Ordinance (3 minute staff
presentation)
I. ATTACHMENT(S):
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Refunding Existing Water/Sewer Bond - Approximately $10.6M, not to
exceed $11M. Debt service for this bond is currently met from revenue
generated from utility user fees. Once bonds are refunded (refinanced) the
revenue generated by utility user fees will be continued to satisfy debt service.
Estimated net savings in debt service payments of $850K.
IV. HISTORY AND FACTS BRIEF:
Background:
In December 2015, the City issued bonds totaling $14,380,000 to fund water
and sewer improvement projects. Under the terms of the bond agreement, this
is the earliest point at which the bonds can be called for refinancing.
Based on current market conditions and analyses provided by the City’s
financial advisor and bond counsel, there is a clear financial advantage to
refinancing approximately $10.6 million of the outstanding bonds. Refinancing
municipal debt is a standard and prudent financial practice that can provide
significant cost savings to the City while maintaining essential services.
The proposed parameters for issuing the refunding debt include:
Maximum principal: Not to exceed $11,000,000
True interest cost: Not to exceed 5.50%
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Payment structure: Semi-annual payments
Minimum net savings: At least 3.00% of debt service
This refinancing strategy is intended to reduce overall debt service costs while
freeing up funds currently restricted in the reserve account, providing greater
financial flexibility for the City's utility funds.
Impact (other than fiscal):
When the City originally issued its bonds, the bond agreement required us to
keep a certain amount of money set aside in a reserve account. This “Reserve
Requirement” works like a savings cushion for the bondholders, it’s money that
must stay untouched in case there’s ever a problem making bond payments.
However, if we refinance the existing bonds (essentially replacing them with a
new bond issue under updated terms), that old reserve requirement would no
longer apply. The new bond structure would not require this reserve, meaning
we could release those funds (about $751K) that are currently tied up.
V. DISCUSSION:
Recommendation:
Staff recommends that the City Council approve the ordinance authorizing the
refinancing reserve eliminate will Refinancing the existing the of bond.
requirement, free up approximately $751K in restricted funds, and reduce total
debt service costs by an estimated $850K over the remaining term of the bond.
Constraints (time or other consideration):
The bond issuance timeline is time sensitive and dependent on several factors,
including current market conditions, the upcoming debt service payment
schedule, and the bond rating process. Delays in authorization or execution
could affect the City’s ability to secure favorable rates and align the refinancing
with the next scheduled payment.
Next Steps:
Ordinance will be on the consent agenda on 10/20/25 which will allow Finance
to move forward with bond issuance with expected closing date of 12/1/25.
Alternatives:
1. Take no action and retain the existing debt structure. This option would
leave approximately $751K in the reserve account for the remaining 12
years of the bond term. It would also mean foregoing an estimated
$850K in savings that could be achieved through reduced debt service
payments under the proposed refinancing.
2. Refinance the existing debt through a local financial institution. This
option was previously explored by the Finance Department; however,
the rates and terms offered by local banks did not provide improved
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savings or more favorable conditions compared to the proposed bond
refinancing.
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FG: 103771898.3
CITY OF PASCO, WASHINGTON
ORDINANCE NO. ____
AN ORDINANCE relating to the waterworks utility of the City; providing
for the issuance, sale and delivery of not to exceed $11,000,000 aggregate principal
amount of water and sewer refunding revenue bonds to provide funds to (a) refund
and redeem outstanding water and sewer revenue bonds of the City, and (b) pay the
costs of issuance and sale of the bonds and the administrative costs of the refunding;
fixing or setting parameters with respect to certain terms and covenants of the
bonds; appointing the City’s designated representative to approve the final terms of
the sale of the bonds; and providing for related matters.
Passed: ______ __, 2025
This document prepared by:
Foster Garvey P.C.
1111 Third Avenue, Suite 3000
Seattle, Washington 98101
(206) 447-4400
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FG: 103771898.3
TABLE OF CONTENTS*
Page
Section 1 . Definitions................................................................................................................1
Section 2 . Findings and Determinations ...................................................................................8
Section 3 . Authorization of the Bonds ......................................................................................9
Section 4 . Appointment of Designated Representative; Description of the Bonds ..................9
Section 5 . Bond Registrar; Registration and Transfer of Bonds .............................................10
Section 6 . Form and Execution of Bonds. ..............................................................................11
Section 7 . Payment of Bonds ..................................................................................................11
Section 8 . Redemption Provisions and Purchase of Bonds ....................................................11
Section 9 . Failure to Pay Bonds ..............................................................................................13
Section 10 . Bond Fund; Payments into Bond Fund ..................................................................13
Section 11 . Rate Stabilization Account ....................................................................................14
Section 12 . Pledge, Lien and Charge for Payment of the Bonds ..............................................14
Section 13 . Flow of Funds ........................................................................................................15
Section 14 . Covenants ...............................................................................................................15
Section 15 . Provisions for Future Parity Bonds ........................................................................16
Section 16 . Separate Utility Systems. .......................................................................................17
Section 17 . Contract Resource Obligations. .............................................................................17
Section 18 . Tax Covenants. ......................................................................................................18
Section 19 . Refunding or Defeasance of Bonds .......................................................................18
Section 20 . Deposit of Bond Proceeds ......................................................................................19
Section 21 . Use of Refunding Proceeds; the Refunding Plan ...................................................19
Section 22 . Amendatory and Supplemental Ordinances...........................................................20
Section 23 . Defaults and Remedies ..........................................................................................22
Section 24 . Sale and Delivery of the Bonds .............................................................................26
Section 25 . Official Statement; Continuing Disclosure ............................................................26
Section 26 . General Authorization and Ratification .................................................................27
Section 27 . Severability ............................................................................................................27
Section 28 . Effective Date of Ordinance ..................................................................................27
Exhibit A Parameters for Final Terms
Exhibit B Parity Conditions
Exhibit C Form of Undertaking to Provide Continuing Disclosure
*The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and
shall not be used to resolve any question of interpretation of this ordinance.
Page 19 of 188
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FG: 103771898.3
CITY OF PASCO, WASHINGTON
ORDINANCE NO. ____
AN ORDINANCE relating to the waterworks utility of the City; providing
for the issuance, sale and delivery of not to exceed $11,000,000 aggregate principal
amount of water and sewer refunding revenue bonds to provide funds to (a) refund
and redeem outstanding water and sewer revenue bonds of the City, and (b) pay the
costs of issuance and sale of the bonds and the administrative costs of the refunding;
fixing or setting parameters with respect to certain terms and covenants of the
bonds; appointing the City’s designated representative to approve the final terms of
the sale of the bonds; and providing for 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 have
the following meanings:
(a) “2015 Bonds” means the outstanding Water and Sewer Improvement and
Refunding Revenue Bonds, 2015, of the City issued pursuant to Ordinance No. 4254.
(b) “2017 Bonds” means the outstanding Water and Sewer Revenue Bonds, 2017, of
the City issued pursuant to Ordinance No. 4365.
(c) “2020A Bonds” means the outstanding Water and Sewer Refunding Revenue
Bonds, 2020A (Tax-Exempt), of the City issued pursuant to Ordinance No. 4487.
(d) “2020B Bonds” means the outstanding Water and Sewer Improvement Revenue
Bonds, 2020B (Taxable), of the City issued pursuant to Ordinance No. 4487.
(e) “2023A Bonds” means the outstanding Water and Sewer Improvement and
Refunding Revenue Bonds, 2023A (Tax-Exempt), issued pursuant to Ordinance No. 4675.
(f) “2023B Bonds” means the outstanding Water and Sewer Improvement and
Refunding Revenue Bonds, 2023B (Taxable), issued pursuant to Ordinance No. 4675.
(g) “Alternate Security” means any bond insurance, collateral, security, letter of credit,
guaranty, surety bond or similar credit enhancement device providing for or securing the payment
of all or part of the principal of and interest on any specified Parity Bonds, issued by an institution
which has been assigned a credit rating at the time of issuance of the applicable Parity Bonds,
respectively, secured by such Alternate Security in one of the two highest rating categories by
either Moody’s Ratings or S&P Global Ratings.
(h) “Annual Debt Service” for any or all Parity Bonds for any year means all the
interest, plus all principal which will mature or come due in such year, less all bond interest payable
from the proceeds of any such bonds in that year.
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FG: 103771898.3
(i) “Assessment Bonds” means, at the time of determination, Parity Bonds then
outstanding equal to the sum of the nondelinquent unpaid principal amount of ULID Assessments
then outstanding plus any ULID Assessment payments then on deposit in the Principal and Interest
Account of the Bond Fund. Assessment Bonds shall be allocated to each remaining maturity of
Parity Bonds in the same proportion as the total of the Assessment Bonds relates to the total of the
Parity Bonds then outstanding.
(j) “Authorized Denomination” means $5,000 or any integral multiple thereof within
a maturity.
(k) “Average Annual Debt Service” means, at the time of its calculation, the sum of the
Annual Debt Service for the remaining years to the last scheduled maturity of the applicable Parity
Bonds divided by the number of those years.
(l) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial
interest in that Bond.
(m) “Bond” means each Bond issued pursuant to and for the purposes provided in this
ordinance.
(n) “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.
(o) “Bond Fund” means the Water and Sewer Revenue and Refunding Bond
Redemption Fund, 1991, of the City created and established by Ordinance No. 2846 for the
payment of the principal of and interest on the Parity Bonds.
(p) “Bond Purchase Contract” means an offer to purchase a Series of Bonds, setting
forth certain terms and conditions of the issuance, sale and delivery of those Bonds, which offer is
authorized to be accepted by the Designated Representative on behalf of the City, if consistent
with this ordinance.
(q) “Bond Register” means the books or records maintained by the Bond Registrar for
the purpose of identifying ownership of each Bond.
(r) “Bond Registrar” means the Fiscal Agent, or any successor bond registrar selected
by the City.
(s) “City” means the City of Pasco, Washington, a municipal corporation duly
organized and existing under the laws of the State.
(t) “City Clerk” means the City Clerk of the City or the successor to the functions of
that officer.
(u) “City Contribution” means legally available money of the City, in addition to
proceeds of the Bonds, necessary or advisable to carry out the Refunding Plan, as determined by
the Designated Representative.
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FG: 103771898.3
(v) “City Council” means the legislative authority of the City, as duly and regularly
constituted from time to time.
(w) “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.
(x) “Code” means the United States Internal Revenue Code of 1986, as amended, and
applicable rules and regulations promulgated thereunder.
(y) “Contract Resource Obligation” means an obligation of the City designated as a
Contract Resource Obligation in accordance with Section 17 to make payments for water supply,
sewer service, water or wastewater transmission, treatment or other utility service or commodity
to another person or entity (including without limitation any Separate Utility System).
(z) “Coverage Requirement” in any year means an amount of Net Revenue, together
with the ULID Assessments collected in that year, equal to at least the Maximum Annual Debt
Service on all Assessment Bonds plus an amount of the Net Revenue not used to calculate the
Coverage Requirement on Assessment Bonds equal to at least 1.25 times Maximum Annual Debt
Service on all bonds payable from the Bond Fund that are not Assessment Bonds. When the 2015
Bonds and 2017 Bonds are no longer outstanding “Coverage Requirement” shall mean an
amount of Net Revenue, together with the ULID Assessments collected in that year, equal to at
least Annual Debt Service on all Assessment Bonds for that year plus an amount of the Net Revenue
not used to calculate the Coverage Requirement on Assessment Bonds equal to at least 1.25 times
Annual Debt Service on all bonds payable from the Bond Fund that are not Assessment Bonds in
that year.
(aa) “DTC” means The Depository Trust Company, New York, New York, or its
nominee.
(bb) “Designated Representative” means the officer of the City appointed in Section 4
of this ordinance to serve as the City’s designated representative in accordance with
RCW 39.46.040(2).
(cc) “Final Terms” means the terms and conditions for the sale of a Series of Bonds,
including the amount, date or dates, denominations, interest rate or rates (or mechanism for
determining interest rate or rates), payment dates, final maturity, redemption rights, price, and
other terms or covenants, including minimum savings for refunding bonds (if the refunding bonds
are issued for savings purposes).
(dd) “Finance Director” means the City’s Finance Director, Interim Finance Director or
such other officer of the City who succeeds to substantially all of the responsibilities of that office.
(ee) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated
by the State from time to time.
(ff) “Future Parity Bonds” means any and all water and sewer revenue bonds or other
obligations of the City issued or incurred after the date of the issuance of the Bonds pursuant to
the provisions of the Parity Bond Ordinances, the payment of the principal of and interest on which
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FG: 103771898.3
constitutes a lien and charge upon the Net Revenue and ULID Assessments on a parity with the
lien and charge upon such Net Revenue and ULID Assessments for the Outstanding Parity Bonds
and the Bonds, but shall not include variable rate obligations.
(gg) “Government Obligations” has the meaning given in RCW 39.53.010, as now in
effect or as may hereafter be amended.
(hh) “Gross Revenue” means all of the earnings and revenues received by the City from
the maintenance and operation of the Waterworks Utility, all earnings from the investment of
money on deposit in the Bond Fund and, when the 2015 Bonds and 2017 Bonds are no longer
outstanding, withdrawals from the Rate Stabilization Account, but not including: (i) ULID
Assessments, (ii) government grants, (iii) proceeds from the sale of Waterworks Utility property,
(iv) City taxes collected by or through the Waterworks Utility, (v) principal proceeds of bonds,
(vi) earnings or proceeds from any investments in a trust, defeasance or escrow fund created to
defease or refund Waterworks Utility obligations (until commingled with other earnings and
revenues of the Waterworks Utility) or held in a special account for the purpose of paying a rebate
to the United States Government under the Code or, when the 2015 Bonds and 2017 Bonds are
no longer outstanding, (vii) deposits to the Rate Stabilization Account or (viii) revenues of a
Separate Utility System.
(ii) “Issue Date” means, with respect to a Bond, the date of initial issuance and delivery
of that Bond to the Purchaser in exchange for the purchase price of that Bond.
(jj) “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, and
any successor or substitute letter relating to the operational procedures of the Securities
Depository.
(kk) “Maximum Annual Debt Service” means, at the time of calculation, the maximum
amount of Annual Debt Service that will mature or come due in the current year or any future year
on the outstanding Parity Bonds.
(ll) “Mayor” means the Mayor of the City or the successor to the functions of that
office.
(mm) “MSRB” means the Municipal Securities Rulemaking Board.
(nn) “Net Revenue” means the Gross Revenue less Operating and Maintenance
Expenses.
(oo) “Official Statement” means an offering document, disclosure document, private
placement memorandum or substantially similar disclosure document provided to purchasers and
potential purchasers in connection with the initial offering of the Bonds in conformance with Rule
15c2-12 or other applicable regulations of the SEC.
(pp) “Operating and Maintenance Expenses” means all reasonable expenses incurred
by the City in causing the Waterworks Utility to be operated and maintained in good repair,
working order and condition, including payments made to any other municipal corporation or
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FG: 103771898.3
private entity for water service and for sewage treatment and disposal service or other utility
service in the event the City combines such service in the Waterworks Utility and enters into a
contract for such service and, when the 2015 Bonds and 2017 Bonds are no longer outstanding,
payments made in respect of any Contract Resource Obligation, but not including: (i) any
depreciation, (ii) taxes levied or imposed by the City or payments to the City in lieu of taxes, or
(iii) capital additions or capital replacements to the Waterworks Utility.
(qq) “Outstanding Parity Bonds” means the outstanding 2015 Bonds, 2017 Bonds,
2020A Bonds, 2020B Bonds, 2023A Bonds and 2023B Bonds. Outstanding Parity Bonds do not
include any Refunded Bonds.
(rr) “Owner” means, without distinction, the Registered Owner and the Beneficial
Owner.
(ss) “Parity Bonds” means the Outstanding Parity Bonds, the Bonds and any Future
Parity Bonds.
(tt) “Parity Bond Ordinances” means Ordinance No. 4254, Ordinance No. 4365,
Ordinance No. 4487, Ordinance No. 4675 and this ordinance.
(uu) “Parity Conditions” means the conditions for issuing Future Parity Bonds set forth
in Exhibit B to this ordinance, which is incorporated herein by this reference.
(vv) “Principal and Interest Account” means the account of that name created in the
Bond Fund for the payment of the principal of and interest on all Parity Bonds.
(ww) “Purchaser” means D.A. Davidson & Co. of Seattle, Washington, or such other
purchaser of the Bonds whose offer is accepted by the Designated Representative in accordance
with this ordinance.
(xx) “Rate Stabilization Account” means the account of that name created in the Water
and Sewer Revenue Fund pursuant to Section 11.
(yy) “Rating Agency” means any nationally recognized rating agency then maintaining
a rating on the Bonds at the request of the City.
(zz) “Record Date” means the Bond Registrar’s close of business on the 15th day of the
month preceding an interest payment date. With respect to redemption of a Bond prior to its
maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on which
the Bond Registrar sends the notice of redemption in accordance with Section 8.
(aaa) “Redemption Date” means, with respect to each series of the Refunded Bonds, a
date or dates selected by the Designated Representative.
(bbb) “Refunded Bonds” means the Refunding Candidates selected by the Designated
Representative and identified in the Refunding Plan.
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FG: 103771898.3
(ccc) “Refunding Candidates” means the currently outstanding $10,600,000 principal
amount of the 2015 Bonds maturing on December 1 of each of the years 2030 through 2038,
inclusive, and 2040.
(ddd) “Refunding Plan” means:
(1) the deposit with the Fiscal Agent, in its capacity as payment agent
for the Refunded Bonds, of sale proceeds of the Bonds in an amount, together with
the City Contribution, sufficient to pay interest on the Refunded Bonds when due
up to and including the Redemption Date, and the call, payment and redemption of
the Refunded Bonds on the Redemption Date at a price equal to the principal
amount to be redeemed; and
(2) payment by the Purchaser on behalf of the City of the costs of
issuing the Bonds from sale proceeds of the Bonds.
(eee) “Registered Owner” means, with respect to a Bond, the person in whose name that
Bond is registered on the Bond Register. For so long as the City utilizes the book-entry only system
for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities
Depository.
(fff) “Reserve Account” means the account of that name created in the Bond Fund for
the purpose of securing the payment of the principal of and interest on the Parity Bonds secured
by such Reserve Account.
(ggg) “Reserve Insurance” means, in lieu of cash and investments, any bond insurance,
collateral, security, letter of credit, guaranty, surety bond or similar credit enhancement device to
fund, provide for or secure the payment of all or part of the Reserve Requirement on any specified
Parity Bonds, issued by an institution which has been assigned a credit rating at the time of issuance
of the applicable Parity Bonds, respectively, secured by such Reserve Insurance in one of the two
highest rating categories by either Moody’s Ratings or S&P Global Ratings.
(hhh) “Reserve Requirement” means:
(1) For the Outstanding Parity Bonds, an amount equal to the least of (a) 10%
of the issue price of the then-outstanding Parity Bonds secured by the Reserve Account,
(b) Maximum Annual Debt Service on the then-outstanding Parity Bonds secured by the
Reserve Account and (c) 1.25 times Average Annual Debt Service on the then-outstanding
Parity Bonds secured by the Reserve Account. For the purposes of determining Maximum
Annual Debt Service and Average Annual Debt Service for calculating the Reserve
Requirement, all bonds payable or proposed to be paid from the Bond Fund shall be treated
as a single issue and the number of years to the last scheduled maturity for any of those
issues shall be used as the denominator. The Designated Representative is authorized to
determine the amount of the Reserve Requirement for the Bonds, although such amount is
expected to be zero.
(2) For any Future Parity Bonds secured by the Reserve Account, the amount,
if any, designated as such pursuant to the ordinance authorizing the issuance of such Future
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Parity Bonds, which amount shall not exceed, as of the date of calculation, the difference
between the Reserve Requirement for the then-outstanding Parity Bonds secured by the
Reserve Account and the least of (a) 10% of the issue price of the then-outstanding Parity
Bonds secured by the Reserve Account and the Future Parity Bonds proposed to be issued,
(b) Maximum Annual Debt Service on the then-outstanding Parity Bonds secured by the
Reserve Account and the Future Parity Bonds proposed to be issued and (c) 1.25 times
Average Annual Debt Service on the then-outstanding Parity Bonds secured by the Reserve
Account and the Future Parity Bonds proposed to be issued, but in no event to exceed an
amount equal to the least of 10% of the issue price of the proposed Future Parity Bonds,
Maximum Annual Debt Service on those bonds and 1.25 times Average Annual Debt
Service on the proposed bonds. For the purposes of determining Maximum Annual Debt
Service and Average Annual Debt Service for calculating the Reserve Requir ement, all
bonds payable or proposed to be paid from the Bond Fund secured by the Reserve Account
shall be treated as a single issue and the number of years to the last scheduled maturity for
any of those issues shall be used as the denominator.
(iii) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934, as amended.
(jjj) “SEC” means the United States Securities and Exchange Commission.
(kkk) “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.
(lll) “Series of Bonds” or “Series” means a series of the Bonds issued pursuant to this
ordinance.
(mmm) “Separate Utility System” means any water supply, sewer service, water or
wastewater transmission, treatment or other utility service, commodity or facilities that may be
created, acquired or constructed by the City as provided in Section 16.
(nnn) “State” means the State of Washington.
(ooo) “System of Registration” means the system of registration for the City’s bonds and
other obligations set forth in Ordinance No. 2845.
(ppp) “Term Bonds” means each Bond designated as a Term Bond and subject to
mandatory redemption in the years and amounts set forth in the Bond Purchase Contract. For any
Outstanding Parity Bonds or Future Parity Bonds, “Term Bonds” means those bonds of any single
issue or series designated as Term Bonds pursuant to the ordinance authorizing their issuance or
sale and which are subject to mandatory prior redemption or for which mandatory sinking fund
installments are provided.
(qqq) “ULID” means utility local improvement district.
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(rrr) “ULID Assessments” means all ULID assessments and installments thereof, plus
interest and penalties thereon, in any ULID created to secure the payment of any Parity Bonds and
pledged to be paid into the Bond Fund.
(sss) “Undertaking” means the undertaking to provide continuing disclosure entered into
pursuant to Section 25(c) of this ordinance.
(ttt) “Water and Sewer Revenue Fund” means that special fund of the City into which
all of the Gross Revenue shall be deposited.
(uuu) “Waterworks Utility” means the combined sewerage system and water system of
the City, together with the storm and surface water system, the irrigation water system and the
agricultural/industrial wastewater treatment facilities heretofore or hereafter authorized to be
constructed and installed as a part of such combined systems, and together with all additions
thereto and betterments and extensions thereof now or hereafter made.
Section 2. Findings and Determinations. The City takes note of the following facts and
makes the following findings and determinations:
(a) Background. The City, by Ordinance No. 531, passed March 7, 1944, provided that
the system of sewerage of the City, including all additions, extensions and betterments thereto,
should be operated as a part of and as belonging to the Waterworks Utility pursuant to th e
provisions of Chapter 193 of the Laws of 1941 of the State of Washington (RCW 35.67.320 et
seq.).
(b) Outstanding Parity Bonds. Pursuant to Ordinance No. 2846, the City heretofore
issued and sold its 1991 Bonds (all of which have been paid and retired), and reserved the right to
issue additional water and sewer revenue bonds of the City which would have a lien and charge
upon the Net Revenue and ULID Assessments on a parity with those 1991 Bonds if the Parity
Conditions are met. The City currently has outstanding the following water and sewer revenue
bonds issued on a parity of lien and charge on the Net Revenue and ULID Assessments with the
1991 Bonds:
Name of Issue
Original
Principal
Amount
Dated
Date
Authorizing
Ordinance
Ordinance
Passage
Date
2015 Bonds $14,380,000 12/22/2015 4254 11/30/2015
2017 Bonds 9,415,000 12/19/2017 4365 11/20/2017
2020A Bonds 7,315,000 6/01/2020 4487 4/06/2020
2020B Bonds 16,415,000 6/01/2020 4487 4/06/2020
2023A Bonds 20,845,000 9/28/2023 4675 8/07/2023
2023B Bonds 12,400,000 9/28/2023 4675 8/07/2023
(c) Parity Conditions Met. The City Council finds and declares that (1) all payments
required by the Outstanding Parity Bonds are provided for in this ordinance or have been provided
for or made into the Bond Fund for those outstanding bonds and that no deficiency exists in such
fund; (2) if the Reserve Requirement is set by the Designated Representative as an amount other
than zero, provision will hereinafter be made for the deposit in the Reserve Account of the Bond
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Fund of the Reserve Requirement for the Bonds; and (3) that all other conditions set forth in the
Parity Conditions will have been met and satisfied before the Bonds are delivered to the initial
purchaser.
(d) Refunding Candidates. After due consideration, it appears to the City Council that
all or a portion of the Refunding Candidates may be refunded by the issuance, sale and delivery of
the Bonds authorized and described herein, so long as a savings to the City and its ratepayers will
be achieved as a result of the difference between the principal and interest cost over the life of such
Bonds and the principal and interest cost over the life of the Refunding Candidates selected as the
Refunded Bonds to be included in the Refunding Plan but for such refunding, as further set forth
in Section 21(e) of this ordinance.
(e) Sufficiency of Gross Revenue; Due Regard. The City Council finds and determines
that the Gross Revenue will be more than sufficient to (1) meet all Operating and Maintenance
Expenses thereof (and the cost of maintenance and operation as contemplated by RCW 35.92.100),
and the debt service requirements of the Outstanding Parity Bonds and other revenue obligations
in respect of the Waterworks Utility, and (2) permit the setting aside into the Bond Fund out of the
Net Revenue of amounts sufficient to pay the principal of and interest on the Bonds when due. The
City Council declares that in creating the Bond Fund and in fixing the amounts to be paid into that
fund, it has exercised due regard for Operating and Maintenance Expenses (and the cost of
maintenance and operation contemplated by RCW 35.92.100) and the debt service requirements
of the Outstanding Parity Bonds and other revenue obligations in respect of the Waterworks
Utility, and the City has not bound or obligated itself to set aside and pay into the Bond Fund a
greater amount or proportion of the Gross Revenue than in the judgment of the City Council will
be available over and above such Operating and Maintenance Expenses and debt service
requirements of the Outstanding Parity Bonds and other revenue obligations in respect of the
Waterworks Utility.
(f) Issuance of Bonds. Based on the foregoing, the City Council finds that it is in the
best interest of the City to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth
in the Bond Purchase Contract as approved by the Designated Representative consistent with this
ordinance.
Section 3. Authorization of the Bonds. The City is authorized to issue, sell and deliver
water and sewer refunding revenue bonds in one or more Series for the purpose of providing funds,
together with any City Contribution, necessary to (a) carry out the Refunding Plan; (b) make a
deposit, if any is required, to the Reserve Account as needed to satisfy the Reserve Requirement
and (c) pay the costs of issuance and sale of the Bonds.
Section 4. Appointment of Designated Representative; Description of the Bonds. The
City Manager and the Finance Director each are appointed as the Designated Representative of the
City and each of them acting alone is authorized and directed to conduct the sale of the Bonds in
the manner and upon the terms deemed most advantageous to the City, and to approve the Final
Terms of the Bonds, with such additional terms and covenants as the Designated Representative
deems advisable, within the parameters set forth in Exhibit A, which is attached to this ordinance
and incorporated by this reference.
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FG: 103771898.3
Section 5. Bond Registrar; Registration and Transfer of Bonds.
(a) Registration of Bonds; Bond Register. Each Bond shall be issued only in registered
form as to both principal and interest, and the ownership of each Bond shall be recorded on the
Bond Register. The Bond Register shall contain the name and mailing address of each Registered
Owner and the principal amount and number of each Bond held by each Registered Owner.
(b) Bond Registrar; Duties. The Fiscal Agent is appointed as initial Bond Registrar.
The Bond Registrar shall keep, or cause to be kept, the Bond Register, which shall be open to
inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to
authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the
Bonds and this ordinance, to serve as the City’s paying agent for the Bonds and to carry out all of
the Bond Registrar’s powers and duties under this ordinance and the System of Registration. The
Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s
Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the
same rights it would have if it were not the Bond Registrar and, to the extent permitted by law,
may act as depository for and permit any of its officers or directors to act as members of, or in any
other capacity with respect to, any committee formed to protect the rights of Owners.
(c) Transfer or Exchange. A Bond surrendered to the Bond Registrar may be
exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal
amount and of the same Series, interest rate and maturity. A Bond may be transferred only if
endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or
transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated
to exchange any Bond or transfer registered ownership during the period between the applicable
Record Date and the next upcoming interest payment or redemption date.
(d) Securities Depository; Book-Entry Only Form. DTC is appointed as initial
Securities Depository. Each Bond initially shall be registered in the name of Cede & Co., as the
nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully
immobilized in book-entry only form by the Securities Depository in accordance with the
provisions of the Letter of Representations. Registered ownership of any Bond 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 Bond is 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 Bonds no longer shall be held in book-entry only form and the registered
ownership of each Bond may be transferred to any person as provided in this ordinance.
Neither the City nor the Bond 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 Bond
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 Bond Registrar to the Securities
Depository.
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FG: 103771898.3
Section 6. Form and Execution of Bonds.
(a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form
consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the
Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and
the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If
any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the
City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is
authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless
may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be
as binding on the City as though that person had continued to be an officer of the City authorized
to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual
date of signing of the Bond, is an officer of the City authorized to si gn bonds, although he or she
did not hold the required office on its Issue Date.
(b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially
the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any
purpose or entitled to the benefits of this ordinance: “Certificate of Authentication. This Bond is
one of the fully registered City of Pasco, Washington, Water and Sewer Refunding Revenue
Bonds, 2025 described in the Bond Ordinance.” The authorized signing of a Certificate of
Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed,
authenticated and delivered and is entitled to the benefits of this ordinance.
Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable
in lawful money of the United States of America. Principal of and interest on each Bond registered
in the name of the Securities Depository is payable in the manner set forth in the Letter of
Representations. Interest on each Bond not registered in the name of the Securities Depository is
payable by electronic transfer on the interest payment date, or by check or draft of the Bond
Registrar mailed on the interest payment date to the Registered Owner at the address appearing on
the Bond Register on the Record Date. The City is not required to make electronic transfers except
pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and
at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of
the Securities Depository is payable upon presentation and surrender of the Bond by the Registered
Owner to the Bond Registrar. The Bonds are payable solely out of the Bond Fund and are not
general obligations of the City. The Bonds are not subject to acceleration under any circumstances.
Section 8. Redemption Provisions and Purchase of Bonds.
(a) Optional Redemption. The Bonds shall be subject to redemption at the option of the
City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase
Contract, consistent with the parameters set forth in Exhibit A.
(b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the Bond
Purchase Contract, consistent with the parameters set forth in Exhibit A and except as set forth
below, shall be called for redemption at a price equal to the stated principal amount to be redeemed,
plus accrued interest, on the dates and in the amounts as set forth in the Bond Purchase Contract.
If a Term Bond is redeemed under the optional redemption provisions, defeased or purchased by
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FG: 103771898.3
the City and surrendered for cancellation, the principal amount of the Term Bond so redeemed,
defeased or purchased (irrespective of its actual redemption or purchase price) shall be credited
against one or more scheduled mandatory redemption installments for that Term Bond. The City
shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar
in writing of its allocation prior to the earliest mandatory redemption date for that Term Bond for
which notice of redemption has not already been given.
(c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the
outstanding Bonds are to be redeemed at the option of the City, the City shall select the Series and
maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity of a Series are
to be redeemed, the Securities Depository shall select Bonds registered in the name of the
Securities Depository to be redeemed in accordance with the Letter of Representations, and the
Bond Registrar shall select all other Bonds to be redeemed randomly in such manner as the Bond
Registrar shall determine. All or a portion of the principal amount of any Bond that is to be
redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding
principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar,
there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option
of the Registered Owner) of the same Series, maturity and interest rate in any Authorized
Denomination in the aggregate principal amount to remain outstanding.
(d) Notice of Redemption. Notice of redemption of each Bond registered in the name
of the Securities Depository shall be given in accordance with the Letter of Representations. Notice
of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the
Bond 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 Bond
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 Bond.
(e) Rescission of Optional Redemption Notice. In the case of an optional redemption,
the notice of redemption may state that the City retains the right to rescind the redemption notice
and the redemption by giving a notice of rescission to the affected Registered Owners at any time
on or prior to the date fixed for redemption. Any notice of optional redemption that is so rescinded
shall be of no effect, and each Bond for which a notice of redemption has been rescinded shall
remain outstanding.
(f) Effect of Redemption. Interest on each Bond called for redemption shall cease to
accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded
as set forth above, or money sufficient to effect such redemption is not on deposit in the Bond
Fund or in a trust account established to refund or defease the Bond.
(g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds
offered to the City or in the open market at any time at any price acceptable to the City plus accrued
interest to the date of purchase. All Bonds so purchased shall be canceled.
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FG: 103771898.3
Section 9. Failure to Pay Bonds. If the principal of any Bond is not paid when the Bond
is properly presented at its maturity or date fixed for redemption, the City shall be obligated to pay
interest on that Bond at the same rate provided in the Bond from and after its maturity or date fixed
for redemption until that Bond, both principal and interest, is paid in full or until sufficient money
for its payment in full is on deposit in the Bond Fund, or in a trust account established to refund or
defease the Bond, and the Bond has been called for payment by giving notice of that call to the
Registered Owner.
Section 10. Bond Fund; Payments into Bond Fund. The Bond Fund has been previously
created and established as a special fund of the City known and designated as the Water and Sewer
Revenue and Refunding Bond Redemption Fund, 1991, which fund has been divided into two
accounts, namely, the Principal and Interest Account and the Reserve Account. So long as any
Parity Bonds are outstanding against the Bond Fund, the Finance Director shall set aside and pay
into the Bond Fund all ULID Assessments upon their collection and, out of the Net Revenue,
certain fixed amounts without regard to any fixed proportion, namely, amounts, together with any
ULID Assessments collected by the City and deposited into the applicable account in the Bond
Fund and investment earnings in that account, as follows:
(a) Into the Principal and Interest Account, on or before each interest or principal and
interest payment date, an amount equal to the interest or the principal and interest to become due
and payable on that interest or principal and interest payment date of all Parity Bonds; and
(b) Into the Reserve Account, on the Issue Date of the Bonds, an amount sufficient,
together with any Reserve Insurance, to fully fund the Reserve Requirement for all Parity Bonds.
Money deposited in the Reserve Account for the Reserve Requirement for all Parity Bonds
secured by the Reserve Account may be decreased for any issue of Parity Bonds when and to the
extent the City has provided for an Alternate Security or Reserve Insurance for those bonds.
The City may establish, for the Bonds and one or more series of Future Parity Bonds, a
separate reserve requirement (which may be zero), to be held in a separate reserve account, for the
purpose of securing those Parity Bonds, and those Parity Bonds shall not be secured by amounts
in the Reserve Account or by any Reserve Insurance credited to the Reserve Account.
The City may establish additional accounts in the Bond Fund for the deposit of ULID
Assessments after the deposit of the required amount in the other funds.
The Reserve Account for any Future Parity Bonds may be accumulated from any other
funds which the City legally may have available for such purpose in addition to using ULID
Assessments and Net Revenue.
The City further agrees that when the required amounts have been paid into the Reserve
Account in the Bond Fund, the City will maintain those amounts therein at all times, except for
withdrawals therefrom as authorized herein, until there is sufficient money in the Bond Fund,
including the Reserve Account therein, to pay the principal of and interest to maturity on all
outstanding bonds payable from the Bond Fund and secured by the Reserve Account, at which
time no further payments need be made into the Bond Fund, and the money in the Bond Fund,
including the Reserve Account, may be used to pay that principal and interest.
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FG: 103771898.3
If there shall be a deficiency in the Principal and Interest Account to meet maturing
installments of either principal or interest, as the case may be, on the Parity Bonds secured by the
Reserve Account, the deficiency shall be made up from the Reserve Account by first the
withdrawal of cash and investments therefrom and after all cash and investments have been
depleted, then by the draws on any Reserve Insurance for that purpose on a pro rata basis. Any
deficiency created in the Reserve Account by reason of any withdrawal shall then be made up from
the Net Revenue first available after making necessary provisions for the required payments into
the Principal and Interest Account. When the 2015 Bonds and 2017 Bonds are no longer
outstanding, the preceding sentence shall be replaced with the following: Any deficiency created
in the Reserve Account by reason of any withdrawal shall then be made up in not more than 12
approximately equal monthly installments from Net Revenue in accordance with the flow of funds
set forth in Section 13, first, to reinstate each Reserve Insurance pro rata, and second, to make up
any remaining deficiency.
All money in the Reserve Account not needed to meet the payments of principal and
interest when due may be kept on deposit in the official bank depository of the City or in any
national bank or may be invested in any legal investment for City funds maturing not later than
the interest or principal and interest payment date when the money will be needed. Interest on any
of those investments or on that bank account shall be deposited in and become a part of the Reserve
Account until the Reserve Requirement shall have been accumulated therein, after which time the
interest shall be deposited in the Principal and Interest Account.
Notwithstanding the provisions for the deposit or maintenance of earnings in accounts of
the Bond Fund, any earnings which are subject to a federal tax or rebate requirement may be
withdrawn from the Bond Fund for deposit into a separate fund or account for that purpose.
If the City shall fail to set aside and pay into the Bond Fund the amounts which it has
obligated itself by this section to set aside and pay therein, the Owner of any Bond may bring suit
against the City to compel it to do so.
Section 11. Rate Stabilization Account. When the 2015 Bonds and 2017 Bonds are no
longer outstanding, this Section 11 shall become effective: The City is authorized to create the
Rate Stabilization Account in the Water and Sewer Revenue Fund. The City may at any time,
consistent with the flow of funds in Section 13, deposit in the Rate Stabilization Account Gross
Revenue and any other money received by the Waterworks Utility available to be used therefor,
excluding principal proceeds of bonds or other obligations. The City may at any time withdraw
money from the Rate Stabilization Account for use in accordance with Section 13. Deposits into
the Rate Stabilization Account shall reduce Net Revenue for the year in which the deposit is made
or, at the option of the City, for the preceding year if the deposit is made within three months after
the end of the preceding year. Withdrawals from the Rate Stabilization Account shall increase Net
Revenue for the year in which the withdrawal is made or, at the option of the City, for the preceding
year if the withdrawal is made within three months after the end of the preceding year.
Section 12. Pledge, Lien and Charge for Payment of the Bonds. The Net Revenue and
ULID Assessments are pledged to the payment of the principal of and interest on the Bonds when
due and shall constitute a lien and charge upon that Net Revenue and ULID Assessments prior and
superior to any other charges whatsoever, except that the lien and charge upon such Net Revenue
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FG: 103771898.3
and ULID Assessments for the Bonds shall be on a parity with the lien and charge thereon for any
outstanding Parity Bonds.
Section 13. Flow of Funds. Funds in the Water and Sewer Revenue Fund shall be used
in the following order of priority:
(1) To pay Operating and Maintenance Expenses;
(2) To make all payments required to be made into the Bond Fund to pay and secure
the payment of the Annual Debt Service on all outstanding Parity Bonds;
(3) To make all payments required to be made into the Reserve Account and to make
all payments (principal and interest) required to be made in connection with
Reserve Insurance and any Alternate Security, except if there is not sufficient
money to make all payments for Reserve Insurance and any Alternate Security, the
payments shall be made on a pro rata basis with deposits in the Reserve Account;
(4) To make all payments required to be made into the loan redemption funds or
accounts, and other revenue bond redemption funds created to pay the debt service
on any revenue obligation having a lien upon the Net Revenue subordinate to the
lien of the Bonds; and
(5) To make necessary additions, betterments, improvements or repairs to the
Waterworks Utility, to retire by redemption or purchase any outstanding Parity
Bonds, and when the 2015 Bonds and 2017 Bonds are no longer outstanding, to
make deposits into the Rate Stabilization Account, or for any other lawful purpose.
Section 14. Covenants. The City covenants and agrees with the Owner of each of the
Bonds as follows:
(a) It will not sell, lease, mortgage, or in any manner encumber or dispose of all the
properties of the Waterworks Utility unless provision is made for payment into the Bond Fund of
an amount sufficient either to defease all outstanding Parity Bonds or to pay the principal of and
interest on all the outstanding Parity Bonds in accordance with the terms thereof; and further binds
itself irrevocably not to mortgage, sell, lease or in any manner dispose of any part of the
Waterworks Utility that is used, useful and material to the operation of such utility unless provision
is made for replacement thereof or for payment into the Bond Fund of an amount which shall bear
the same ratio to the amount of outstanding Parity Bonds as the Net Revenue available for debt
service for such bonds for the twelve months preceding such sale, lease, encumbrance or disposal
from the portion of the Waterworks Utility so leased, encumbered or disposed of bears to the Net
Revenue available for debt service for such bonds from the entire Waterworks Utility for the same
period. Any such money so paid into the Bond Fund shall be used to retire outstanding Parity
Bonds at the earliest possible date.
(b) It will maintain and keep the Waterworks Utility in good repair, working order and
condition and to operate such utility and the business in connection therewith in an efficient
manner and at a reasonable cost.
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FG: 103771898.3
(c) It will maintain and collect such rates as will produce sufficient Net Revenue,
together with ULID Assessment collections, as will make available for the payment of the principal
of and interest on the Parity Bonds as they come due and for payments as required to be made into
the Reserve Account therein an amount at least equal to the Coverage Requirement and, in addition
thereto, that it will pay all Operating and Maintenance Expenses and otherwise meet the
obligations of the City as herein set forth. When the 2015 Bonds and 2017 Bonds are no longer
outstanding, the following sentence shall become effective: A failure to comply with this covenant
is not a default of this covenant (or an Event of Default as described in Section 23) if the City,
before the date 90 days after the end of the calendar year, (i) employs a licensed professional
engineer experienced in the design, construction and operation of municipal utilities or an
independent certified public accountant to recommend changes in the City’s rates and (ii) imposes
rates at least as high as those recommended by the consultant.
(d) It will keep proper books of accounts and records separate and apart from other
accounts and records, in which complete and correct entries will be made of all transactions
relating to the Waterworks Utility, and it will make available to any Owner on written request the
annual operating and income statements of the Waterworks Utility.
(e) Except to aid the poor or infirm, to provide for resource conservation or to provide
for the proper handling of hazardous materials, it will not furnish water or sewerage service to any
customer whatsoever free of charge and it shall, not later than 60 days after the end of each calendar
year, take such legal action as may be feasible to enforce collection of all collectible delinquent
accounts and, in addition thereto, shall promptly avail itself of its utility lien rights, as set forth in
applicable statutes.
(f) It will carry the types of insurance on its Waterworks Utility properties in the
amounts normally carried by private water and sewer companies engaged in the operation of water
and sewerage systems, and the cost of such insurance shall be considered a part of Operating and
Maintenance Expenses, or it will implement and maintain a self-insurance program or an insurance
pool program with reserves adequate, in the judgment of the City Council, to protect the owners
of the Parity Bonds against loss.
(g) To the extent permitted by State law, it will maintain its corporate identity and
existence so long as any Bonds remain outstanding.
(h) It will not grant any competing utility service franchise and will use all legal means
to prevent competition with the Waterworks Utility.
(i) If on the first day of January in any year, two installments of any ULID Assessment
are delinquent, or the final installment of any ULID Assessment has been delinquent for more than
one year, the City shall proceed with the foreclosure of the delinquent as sessment or delinquent
installments thereof in the manner provided by law.
Section 15. Provisions for Future Parity Bonds. The City reserves the right to issue
Future Parity Bonds if the Parity Conditions set forth in Exhibit B are met and complied with at
the time of the issuance of those Future Parity Bonds.
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Nothing herein contained shall prevent the City from issuing Future Parity Bonds to refund
any maturing Parity Bonds then outstanding, money for the payment of which is not otherwise
available.
Nothing herein contained shall prevent the City from issuing revenue bonds or incurring
other obligations that are a charge upon the Net Revenue subordinate or inferior to the payments
required to be made therefrom into the Bond Fund for the payment of Parity Bonds or from
pledging the payment of utility local improvement district assessments into a redemption fund
created for the payment of the principal of and interest on those subordinate lien bonds or
obligations as long as such utility local improvement district assessments are levied for
improvements constructed from the proceeds of those subordinate lien bonds or obligations.
Section 16. Separate Utility Systems. When the 2015 Bonds and 2017 Bonds are no
longer outstanding, this Section 16 shall become effective: The City may at any time create,
acquire, construct, finance, own and operate one or more systems for water supply, sewer service,
water or wastewater transmission, treatment or other utility service, commodity or facilities, which
systems are separate from and in addition to the Waterworks Utility. The revenues of that Separate
Utility System, and any utility local improvement district assessments payable solely with respect
to improvements to a Separate Utility System, are not included in Gross Revenue and may be
pledged to the payment of revenue obligations issued to purchase, construct, condemn or otherwise
acquire or expand the Separate Utility System. The City may not pledge Gross Revenue or Net
Revenue to the payment of any obligations of a Separate Utility System, except that Net Revenue
may be pledged on a basis subordinate to the lien of the Parity Bonds.
Section 17. Contract Resource Obligations. When the 2015 Bonds and 2017 Bonds are
no longer outstanding, this Section 17 shall become effective: The City may at any time enter
into one or more Contract Resource Obligations for the acquisition, from facilities to be
constructed or improved by the use of payments under such Contract Resource Obligations, of
water supply, sewer service, water or wastewater transmission, treatment or other utility service
or commodity relating to the Waterworks Utility, as follows:
(a) The City may agree under a contract containing a Contract Resource Obligation
that all payments in respect of that Contract Resource Obligation (including payments prior to the
time that water or wastewater service is being provided, or during a suspension or after
termination of supply or service) shall be deemed Operating and Maintenance Expenses, so long
as the payments required to be made under the Contract Resource Obligation are not subject to
acceleration and the following additional requirements are met at the time such obligation is
designated as a Contract Resource Obligation:
(1) No material default (or Event of Default as defined in Section 23)
has occurred and is continuing under the terms of any debt obligation of the City
in respect of the Waterworks Utility; and
(2) The City has obtained a certificate of an independent utility
consultant stating that in its professional opinion: (A) the payments to be made by
the City in connection with the Contract Resource Obligation are reasonable for
the service rendered; (B) the source of any new supply, and any facilities to be
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constructed to provide the supply, service or transmission, are sound from a supply
or planning standpoint, are technically and economically feasible in accordance
with prudent utility practice, and are likely to provide supply, service or
transmission no later than a date set forth in the certification; and (C) the Net
Revenue will be sufficient to meet the Coverage Requirement for each of the five
calendar years following the calendar year in which the Contract Resource
Obligation is incurred, where the calculation of Net Revenue (i) takes into account
the adjustments permitted in connection with a coverage certification given under
the conditions for Future Parity Bonds and (ii) adjusts the Operating and
Maintenance Expenses by the consultant’s estimate of the payments to be made in
accordance with the Contract Resource Obligation.
(b) Nothing in this section prevents the City from entering into agreements for the
acquisition of water supply, sewer service, water or wastewater transmission, treatment or other
utility service or commodity relating to the Waterworks Utility from then-existing facilities and
from treating those payments as Operating and Maintenance Expenses. Nothing in this section
prevents the City from entering into other agreements for the acquisition of water supply, sewer
service, water or wastewater transmission, treatment or other utility service or commodity from
facilities to be constructed and from agreeing to make payments with respect thereto, such
payments to be made on a basis subordinate to the lien of the Parity Bonds until such time as the
facilities are placed in service.
Section 18. Tax Covenants.
(a) Preservation of Tax Exemption for Interest on the Bonds. The City covenants that
it will take all actions necessary to prevent interest on the Bonds 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 Bonds other funds of the City treated as proceeds of the Bonds that will
cause interest the Bonds 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 Bonds, take all actions necessary to comply (or to be treated as having
complied) with those requirements in connection with the Bonds.
(b) Post-Issuance Compliance. The Finance Director is authorized and directed to
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 Bonds from being included in gross income for federal
tax purposes.
Section 19. Refunding or Defeasance of Bonds. The City may issue refunding bonds
pursuant to State law or use money available from any other lawful source to carry out a refunding
or defeasance plan, which may include (a) paying when due the principal of and interest on any or
all of the Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity;
and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund
or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”),
money and/or Government Obligations maturing at a time or times and bearing interest in amounts
sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all
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right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in
the funds and accounts obligated to the payment of the defeased Bonds, shall cease and become
void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the
principal of and interest on the defeased Bonds solely from the trust account and the defeased
Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining
in any fund or account (other than the trust account) established for the payment or redemption of
the defeased Bonds to any lawful purpose, subject only to the rights of the Owners of any other
Parity Bonds then outstanding.
If the refunding or defeasance plan provides that the defeased Bonds or the refunding bonds
to be issued be secured by money and/or Government Obligations pending the prior redemption
of the defeased Bonds and if such refunding plan also provides that certain money and/or
Government Obligations are pledged irrevocably for the prior redemption of the defeased Bonds
included in that refunding plan, then only the debt service on the Bonds which are not defeased
Bonds and the refunding bonds, the payment of which is not so secured by the refunding plan,
shall be included in the computation of the Coverage Requirement for the issuance of Future Parity
Bonds and the annual computation of the Coverage Requirement for determining compliance with
the rate covenants in this ordinance.
Unless otherwise specified by the City in a refunding or defeasance plan, notice of
refunding or defeasance shall be given, and selection of Bonds for any partial refunding or
defeasance shall be conducted, in the manner prescribed in this ordinance for th e redemption of
Bonds.
Section 20. Deposit of Bond Proceeds. Immediately upon the issuance and delivery of
the Bonds, the City shall cause sufficient proceeds of the Bonds, together with the City
Contribution, to be deposited with the Fiscal Agent in its capacity as paying agent for the Refunded
Bonds and used to carry out the Refunding Plan as set forth in Section 21.
Section 21. Use of Refunding Proceeds; the Refunding Plan.
(a) Selection of Refunded Bonds. The Designated Representative is authorized and
directed to select the Refunding Candidates to be refunded by the Bonds. The Designated
Representative may choose to refund fewer than all of the Refunding Candidates. The Refunded
Bonds, as selected by the Designated Representative, shall be identified and set forth in the Bond
Purchase Contract.
(b) Use of Refunding Proceeds and City Contribution. On the Issue Date, sufficient
proceeds of the sale of the Bonds, together with the City Contribution, shall be deposited with the
Fiscal Agent, in its capacity as paying agent for the Refunded Bonds, and used to discharge the
obligations of the City relating to the Refunded Bonds under the applicable Parity Bond Ordinance
by providing for the payment of the amounts required to be paid by the Refunding Plan.
Any Bond proceeds or other money deposited with the Fiscal Agent not needed to carry
out the Refunding Plan shall be returned to the City for deposit in the Principal and Interest
Account to pay interest on the Bonds on the next upcoming interest payment date.
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(c) Administration of Refunding Plan. The Fiscal Agent is authorized and directed to
make the payments required to be made pursuant to the Refunding Plan from the sale proceeds of
the Bonds and City Contribution deposited with the Fiscal Agent pursuant to this ordinance. All
money deposited with the Fiscal Agent shall be held irrevocably and applied in accordance with
the provisions of the applicable Parity Bond Ordinance authorizing the Refunded Bonds, this
ordinance, chapter 39.53 RCW and other applicable laws of the State. All costs related to the
issuance, sale and delivery of the Bonds, including rating agency fees, verification fees, Bond
Counsel's fees and other related expenses, shall be paid out of the proceeds of the Bonds.
(d) Call for Redemption of the Refunded Bonds. The Designated Representative is
authorized to call the Refunded Bonds for redemption on their Redemption Date at par, plus
accrued interest. Such call for redemption shall be irrevocable after the delivery of the Bonds to
the Purchaser. The Fiscal Agent is authorized and directed to give or cause to be given such notices
as required, at the times and in the manner required, pursuant to the ordinance authorizing the
issuance of the Refunded Bonds, to carry out the Refunding Plan.
(e) Additional Findings with Respect to Refunding. Prior to the execution and delivery
of the Bond Purchase Contract, the Designated Representative shall determine, on behalf of the
City, that the issuance, sale and delivery of the Bonds will effect a net present value savings to the
City and its ratepayers as set forth in paragraph (x) of Exhibit A. The City Council finds and
determines that such net present value savings is a substantial savings and that achieving such net
present value savings by issuing the Bonds is in the best interest of the City and in the public
interest. In making the finding and determination that the issuance, sale and delivery of the Bonds
will effect such net present value savings, the Designated Representative shall give considerat ion
to the fixed maturities of the Bonds and the Refunded Bonds, the costs related to the issuance, sale
and delivery of the Bonds, and the City Contribution used in the Refunding Plan.
The Designated Representative shall further find and determine that the money to be
deposited with the Fiscal Agent to carry out the Refunding Plan will discharge and satisfy the
obligations of the City under the Parity Bond Ordinance applicable to the Refunded Bonds, and
the pledges, charges, trusts, covenants and agreements of the City therein made or provided for as
to the Refunded Bonds, and that the Refunded Bonds will no longer be deemed to be outstanding
under applicable Parity Bond Ordinance immediately upon the deposit of such money with the
Fiscal Agent.
Section 22. Amendatory and Supplemental Ordinances. When the 2015 Bonds and
2017 Bonds are no longer outstanding, this Section 22 shall become effective: This ordinance
shall not be modified or amended in any respect so long as the Bonds are outstanding, except as
provided in and in accordance with and subject to the provisions of this section. For purposes of
this provision, the passage of an ordinance authorizing the issuance of Future Parity Bonds shall
not be considered an amendatory or supplemental ordinance.
(a) Certain Amendatory or Supplemental Ordinances Permitted Without Bond Owner
Consent. The City, from time to time, and at any time, without the consent of or notice to the
registered owners of the Parity Bonds, may pass amendatory or supplemental ordinances as set
forth in this subsection (a). Before passing any such amendatory or supplemental ordinance, the
City must have delivered to it an opinion of Bond Counsel, stating that such ordinance is
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authorized or permitted by this ordinance and, upon its effective date, will be valid and binding
upon the City in accordance with its terms and will not adversely affect the exclusion from gross
income for federal income tax purposes of interest on any tax-exempt Parity Bonds then
outstanding. The permitted purposes under this subsection (a) are:
(1) To cure any formal defect, omission, inconsistency or ambiguity in
this ordinance in a manner not adverse to the owner of any Parity Bond.
(2) To impose upon the Bond Registrar (or a bond trustee, if any), with
its consent, any additional rights, remedies, powers, authority, security, liabilities
or duties which may lawfully be granted, conferred or imposed and which are not
contrary to or inconsistent with this ordinance as theretofore in effect.
(3) To add covenants, agreements, limitations and restrictions to be
observed by the City which are not contrary or inconsistent with this ordinance as
theretofore in effect.
(4) To confirm, as further assurance, any pledge under this ordinance
(and the subjection to any claim, lien or pledge created or to be created by this
ordinance) of any other money, securities or funds.
(5) To authorize different denominations of the Bonds and to make
correlative amendments and modifications to this ordinance regarding
exchangeability of Bonds of different authorized denominations, redemptions of
portions of Bonds of particular authorized denominations and similar amendments
and modifications of a technical nature.
(6) To amend or supplement this ordinance in any other respect which
is not materially adverse to the registered owners of the Parity Bonds and which
does not involve a change described in subsections (b) or (c).
(7) To maintain the exclusion from gross income of the interest on the
Bonds from federal income taxation in light of a change in federal law, regulations
or rulings.
(b) Amendatory or Supplemental Ordinances Requiring Consent of Registered Owners
of 50% of Parity Bonds Outstanding. In addition to any ordinance permitted pursuant to
subsection (a) and subject to the terms and conditions contained in subsection (c) and not
otherwise, the City, upon the consent of registered owners of not less than 50% in aggregate
principal amount of the Parity Bonds then outstanding, shall have the right from time to time to
consent to and approve any amendatory or supplemental ordinance deemed necessary or desirable
by the City. Such an ordinance may amend or supplement, in any particular, any of the terms or
provisions contained in this ordinance. If at any time the City passes an amendatory or
supplemental ordinance under this subsection (b), the effective date shall be conditioned on the
following:
(1) The City must cause notice of the amendatory or supplemental
ordinance to be provided in electronic format through the Electronic Municipal
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Market Access or other website then authorized by the MSRB for the Undertaking
to all registered owners of any then outstanding Parity Bonds and to each Rating
Agency. Such notice shall briefly summarize the ordinance and shall state that a
copy is available for review by request or on the City’s website.
(2) The ordinance may go into effect upon receipt by the City of (A) the
consents, in writing, of the required percentage of registered owners of the Parity
Bonds, and (B) an opinion of Bond Counsel to the effect that (i) such ordinance is
permitted by this ordinance, (ii) upon its effective date it will be valid and binding
upon the City in accordance with its terms and (iii) it will not adversely affect the
exclusion from gross income for federal income tax purposes of interest on any tax-
exempt Parity Bonds then outstanding.
(c) Amendatory or Supplemental Ordinances Requiring Consent of All Registered
Owners. Unless approved in writing by the registered owners of all Parity Bonds then outstanding,
nothing contained in this section shall permit, or be construed as permitting:
(1) A change in the times, amounts or currency of payment of the
principal of or interest on any outstanding Parity Bond or a reduction in the
principal amount or redemption price of any outstanding Parity Bond or a change
in the redemption price of any outstanding Parity Bond or a change in the method
of determining the rate of interest thereon.
(2) A preference of priority of any Parity Bonds or any other bond or
bonds.
(3) A reduction in the aggregate principal amount of any Parity Bond.
(d) Effect of Passage of Amendatory or Supplemental Ordinance. Upon the adoption
of the amendatory or supplemental ordinance pursuant to the provisions of this section, this
ordinance shall be, and shall be deemed to be, amended and supplemented accordingly. No owner
of outstanding Parity Bonds shall have any right (1) to object to the passage of such ordinance,
(2) to object to any of the terms and provisions contained therein or the operation thereof, (3) in
any manner to question the propriety of the passage thereof or (4) to enjoin or restrain the City
from passing the same or taking any action pursuant thereto. The respective rights, duties and
obligations under this ordinance of the City, the Bond Registrar and all registered owners of Parity
Bonds, shall thereafter be determined, exercised and enforced under this ordinance subject in all
respects to such supplements and amendments.
Section 23. Defaults and Remedies. When the 2015 Bonds and 2017 Bonds are no
longer outstanding, this Section 23 shall become effective:
(a) Events of Default. Each of the following constitutes an “Event of Default” with
respect to the Parity Bonds:
(1) If a default is made in the payment of the principal of or interest on
any of the Parity Bonds when the same shall become due and payable.
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(2) If the City defaults in the observance and performance of any other
of its covenants, conditions and agreements set forth in this ordinance and such
default or defaults have continued for a period of six months after the City has
received from the registered owners of not less than 25% in outstanding principal
amount of Parity Bonds a written notice specifying and demanding the cure of such
default. However, if the default in the observance and performance of any other of
the covenants, conditions and agreements is one which cannot be completely
remedied within the six month period, it shall not be an Event of Default with
respect to the Bonds as long as the City has taken active steps within 90 days to
remedy the default and is diligently pursuing such remedy.
(3) If the City files a petition in bankruptcy or is placed in receivership
under any State or federal bankruptcy or insolvency law.
(b) Bondowners’ Trustee. So long as an Event of Default has not been remedied, a
bondowners’ trustee (the “Bondowners’ Trustee”) may be appointed by the registered owners of
25% in principal amount of Parity Bonds then outstanding by an instrument or concurrent
instruments in writing signed and acknowledged by such registered owners of Parity Bonds or by
their attorneys-in-fact, duly authorized and delivered to such Bondowners’ Trustee, and after
notice of such appointment has been delivered to the City. That appointment shall become effective
immediately upon acceptance thereof by the Bondowners’ Trustee. Any Bondowners’ Trustee must
be a bank or trust company organized under the laws of the State of Washington or the State of
New York or a national banking association. The bank or trust company acting as Bondowners’
Trustee may be removed at any time, and a successor Bondowners’ Trustee may be appointed, by
the registered owners of a majority in principal amount of Parity Bonds, by an instrument or
concurrent instruments in writing signed and acknowledged by such registered owners of the
Bonds or by their attorneys-in-fact duly authorized. The Bondowners’ Trustee may require such
security and indemnity as may be reasonable against the costs, expenses and liabilities that may
be incurred in the performance of its duties. If any Event of Default is, in the sole judgment of the
Bondowners’ Trustee, cured and the Bondowners’ Trustee furnishes to the City a certificate so
stating, that Event of Default shall be conclu sively deemed to be cured and the City, the
Bondowners’ Trustee and the registered owners of the Parity Bonds shall be restored to the same
rights and position which they would have held if no Event of Default had occurred. The
Bondowners’ Trustee appointed in the manner herein provided, and each successor thereto, is
declared to be a trustee for the registered owners of all the Parity Bonds and is empowered to
exercise all the rights and powers herein conferred on the Bondowners’ Trustee.
(c) Suits at Law or in Equity. Upon the happening of an Event of Default and during
the continuation thereof, the Bondowners’ Trustee may (and, upon the written request of the
registered owners of not less than 25% in principal amount of Parity Bonds outstanding, must)
take such steps and institute such suits, actions or other proceedings, all as it may deem
appropriate for the protection and enforcement of the rights of the registered owners of Parity
Bonds, to collect any amounts due and owing to or from the City, or to obtain other appropriate
relief, and may enforce the specific performance of any covenant, agreement or condition
contained in this ordinance or in any of the Parity Bonds.
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Any action, suit or other proceedings instituted by the Bondowners’ Trustee hereunder
shall be brought in its name as trustee for the owners of Parity Bonds and all such rights of action
upon or under any of the Parity Bonds or the provisions of this ordinance may be enforced by the
Bondowners’ Trustee without the possession of any of those Parity Bonds and without the
production of the same at any trial or proceedings relative thereto except where otherwise
required by law. Any such suit, action or proceeding instituted by the Bondowners’ Trustee shall
be brought for the ratable benefit of all of the registered owners of those Parity Bonds, subject to
the provisions of this ordinance. The respective registered owners of Parity Bonds, by taking and
holding the same, shall be conclusively deemed irrevocably to appoint the Bondowners’ Trustee
the true and lawful trustee of the respective registered owners of those Parity Bonds, with authority
to institute any such action, suit or proceeding; to receive as trustee and deposit in trust any sums
becoming distributable on account of those Parity Bonds; to execute any paper or documents for
the receipt of money; and to do all acts with respect thereto that the registered owner himself or
herself might have done in person. Nothing herein shall be deemed to authorize or empower the
Bondowners’ Trustee to consent to accept or adopt, on behalf of any registered owner of Parity
Bonds, any plan of reorganization or adjustment affecting Parity Bonds or any right of any
registered owner thereof, or to authorize or empower the Bondowners’ Trustee to vote the claims
of the registered owners thereof in any receivership, insolvency, liquidation, bankruptcy,
reorganization or other proceeding to which the City is a party.
(d) No Acceleration. Nothing contained in this section shall, in any event or under any
circumstance, be deemed to authorize the acceleration of maturity of principal of the Parity Bonds.
The remedy of acceleration is expressly denied to the owners of the Parity Bonds under any
circumstances including, without limitation, upon the occurrence and continuance of an Event of
Default.
(e) Application of Money Collected by Bondowners’ Trustee. Any money collected by
the Bondowners’ Trustee at any time pursuant to this section shall be applied in the following
order of priority:
(1) First, to the payment of the charges, expenses, advances and
compensation of the Bondowners’ Trustee and the charges, expenses, counsel fees,
disbursements and compensation of its agents and attorneys.
(2) Second, to the payment to the persons entitled thereto of all
installments of interest then due on Parity Bonds in the order of maturity of such
installments and, if the amount available shall not be sufficient to pay in full any
installment or installments maturing on the same date, then to the payment thereof
ratably, according to the amounts due thereon to the persons entitled thereto,
without any discrimination or preference.
(3) Third, to the payment to the persons entitled thereto of the unpaid
principal amounts of any Parity Bonds which shall have become due (other than
Parity Bonds previously called for redemption for the payment of which money is
held pursuant to the provisions hereto), whether at maturity or by proceedings for
redemption or otherwise, in the order of their due dates and, if the amount available
shall not be sufficient to pay in full the principal amounts due on the same date,
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then to the payment thereof ratably, according to the principal amounts due thereon
to the persons entitled thereto, without any discrimination or preference.
(f) Duties and Obligations of Bondowners’ Trustee. The Bondowners’ Trustee shall
not be liable except for the performance of such duties as are specifically set forth herein. During
an Event of Default, the Bondowners’ Trustee shall exercise such of the rights and powers vested
in it hereby, and shall use the same degree of care and skill in its exercise, as a prudent person
would exercise or use under the circumstances in the conduct of his or her own affairs. The
Bondowners’ Trustee shall have no liability for any act or omission to act hereunder except for
the Bondowners’ Trustee’s own negligent action, its own negligent failure to act or its own willful
misconduct. The duties and obligations of the Bondowners’ Trustee shall be determined solely by
the express provisions of this ordinance, and no implied powers, duties or obligations of the
Bondowners’ Trustee shall be read into this ordinance. The Bondowners’ Trustee shall not be
required to expend or risk its own funds or otherwise incur individual liability in the performance
of any of its duties or in the exercise of any of its rights or powers as the Bondowners’ Trustee,
except as may result from its own negligent action, its own negligent failure to act or its own willful
misconduct. The Bondowners’ Trustee shall not be bound to recognize any person as a registered
owner of any Parity Bonds until his or her title thereto, if disputed, has been established to its
reasonable satisfaction. The Bondowners’ Trustee may consult with counsel and the opinion of
such counsel shall be full and complete authorization and protection in respect of any action taken
or suffered by it hereunder in good faith and in accordance with the opinion of such counsel. The
Bondowners’ Trustee shall not be answerable for any neglect or default of any person, firm or
corporation employed and selected by it with reasonable care.
(g) Suits by Individual Owners of Parity Bonds Restricted. Neither the registered
owner nor the beneficial owner of any one or more of Parity Bonds have any right to institute any
action, suit or proceeding at law or in equity for the enforcement of same unless:
(1) an Event of Default has happened and is continuing; and
(2) a Bondowners’ Trustee has been appointed; and
(3) such owner previously shall have given to the Bondowners’ Trustee
written notice of the Event of Default on account of which such suit, action or
proceeding is to be instituted; and
(4) the registered owners of 25% in principal amount of the then
outstanding Parity Bonds have made, after the occurrence of such Event of Default,
written request of the Bondowners’ Trustee and have afforded the Bondowners’
Trustee a reasonable opportunity to institute such suit, action or proceeding; and
(5) there has been offered to the Bondowners’ Trustee security and
indemnity satisfactory to it against the costs, expenses and liabilities to be incurred
therein or thereby; and
(6) the Bondowners’ Trustee has refused or neglected to comply with
such request within a reasonable time.
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No owner of any Parity Bond shall have any right in any manner whatever by his or her
action to affect or impair the obligation of the City to pay from the Net Revenue the principal of
and interest on Parity Bonds to the respective owners thereof when due.
Section 24. Sale and Delivery of the Bonds.
(a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is
authorized to sell the Bonds in one or more Series by negotiated sale to the Purchaser based on the
assessment of the Designated Representative of market conditions, in consultation with
appropriate City officials and staff, Bond Counsel and other advisors. In accepting the Final Terms,
the Designated Representative shall take into account those factors that, in the judgment of the
Designated Representative, may be expected to result in the lowest true interest cost to the City.
The Bond Purchase Contract for each Series of Bonds shall set forth the Final Terms for such
Series of Bonds. The Designated Representative is authorized to execute the Bond Purchase
Contract on behalf of the City, so long as the terms provided therein are consistent with the terms
of this ordinance.
(b) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at
City expense and will be delivered to the Purchaser in accordance with the Bond Purchase
Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds.
Section 25. Official Statement; Continuing Disclosure.
(a) Preliminary Official Statement Deemed Final. The Designated Representative shall
review and, if acceptable to him or her, approve the preliminary Official Statement prepared in
connection with the sale of the Bonds 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 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 Bonds of a preliminary Official Statement that has been approved by the Designated
Representative and been deemed final, if applicable, in accordance with this subsection.
(b) Approval of Final Official Statement. The City approves the preparation of a final
Official Statement for the Bonds to be sold to the public in the form of the preliminary Official
Statement that has been approved and deemed final in accordance with subsection (a), 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, if required under Rule 15c2-12. The City authorizes and approves the
distribution by the Purchaser of the final Official Statement so executed and delivered to
purchasers and potential purchasers of the Bonds.
(c) Undertaking to Provide Continuing Disclosure. If necessary to meet the
requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting as a
participating underwriter for the Bonds, the Designated Representative is authorized to execute a
written undertaking to provide continuing disclosure for the benefit of holders of the Bonds in
substantially the form attached as Exhibit C.
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Section 26. General Authorization and Ratification. The Designated Representative and
other appropriate officers of the City are severally authorized to take such actions and to execute
such documents as in their judgment may be necessary or desirable to carry out the transactions
contemplated in connection with this ordinance, and to do everything necessary for the prompt
delivery of the Bonds to the Purchaser and for the proper application, use and investment of the
proceeds of the Bonds. 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 27. 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, finds 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 28. 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 provided by law.
PASSED by the City Council and APPROVED by the Mayor of the City of Pasco,
Washington, at a regular open public meeting, this ____ day of _________, 2025.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Foster Garvey P.C.
Bond Counsel
Page 46 of 188
A-1
FG: 103771898.3
EXHIBIT A
PARAMETERS FOR FINAL TERMS
(i) Principal Amount. The Bonds may be issued in one or more Series and shall not exceed
the aggregate principal amount of $11,000,000.
(ii) Date or Dates. Each Bond 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 Bonds shall be issued in Authorized Denominations and
shall be numbered separately in the manner and shall bear any name and additional
designation as deemed necessary or appropriate by the Designated Representative.
(iv) Interest Rate(s). Each Bond shall bear interest at a 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.
One or more rates of interest may be fixed for each Bond or any Series of Bonds. No rate
of interest for any Bond or any Series of Bonds may exceed 6.00%, and the true interest
cost to the City for each Series of Bonds may not exceed 5.50%.
(v) Payment Dates. Interest shall be payable semiannually on each June 1 and December 1
(or such other semiannual dates acceptable to the Designated Representative),
commencing no later than one year following the Issue Date of such Series of Bonds.
Principal payments shall commence on a date acceptable to the Designated
Representative and shall be payable at maturity or in mandatory redemption installments
annually thereafter, on dates acceptable to the Designated Representative.
(vi) Final Maturity. The final maturity date of the Bonds shall be no later than the final
maturity date of the Refunded Bonds refunded by Bonds.
(vii) Redemption Rights. The Designated Representative may approve in the Bond Purchase
Contract provisions for the optional and mandatory redemption of Bonds, subject to the
following:
(1) Optional Redemption. Any Bond may be designated as being (A) subject to
redemption at the option of the City prior to its maturity date on the dates and at the
prices set forth in the Bond Purchase Contract; or (B) not subject to redemption
prior to its maturity date. If a Bond is subject to optional redemption prior to its
maturity, it must be subject to such redemption on one or more dates occurring not
more than 10½ years after the Issue Date.
(2) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to
mandatory redemption prior to its maturity on the dates and in the amounts set forth
in the Bond Purchase Contract.
(viii) Price. The purchase price for each Series of Bonds may not be less than 98% or more
than 140% of the stated principal amount of that Series.
Page 47 of 188
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FG: 103771898.3
(ix) Selection of Refunded Bonds. Under the terms and conditions of this ordinance, the
Designated Representative is authorized to select the Refunded Bonds to be refunded by
the Bonds. Refunded Bonds, as selected by the Designated Representative, shall be
identified in the Bond Purchase Contract.
(x) Minimum Required Savings. Issuance of the Bonds shall produce a minimum net present
value savings to the City and its ratepayers of 3.00% (as a percentage of the Refunded
Bonds refunded by the Bonds). Net present value savings means the aggregate of (i)
annual debt service on the Refunded Bonds, less (ii) annual debt service on the Bonds
(including expenses related to costs of issuance of the Bonds) discounted to the Issue
Date using the yield on the Bonds as the discount rate, plus (iii) excess cash, if any
distributed to the City on the Issue Date, and less (iv) the amount of the City Contribution
made on the Issue Date.
(xi) Reserve Requirement. If in the best interest of the City, the Designated Representative
may set the Reserve Requirement for the Bonds as an amount other than zero, within the
definition of “Reserve Requirement.”
(xii) Other Terms and Conditions.
(1) The Designated Representative may determine whether it is in the City’s best
interest to provide for bond insurance or 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.
(2) The Designated Representative must have determined that the Parity Conditions
have been met and satisfied as of the Issue Date of the Bonds.
Page 48 of 188
B-1
FG: 103771898.3
EXHIBIT B
PARITY CONDITIONS
(a) There shall be no deficiency in the Bond Fund.
(b) The ordinance providing for the issuance of the Future Parity Bonds shall provide
that all ULID Assessments shall be paid directly into the Bond Fund, except for any prepaid
assessments permitted by law to be paid into a construction fund or account.
(c) The ordinance providing for the issuance of such Future Parity Bonds shall provide
for the deposit into the Reserve Account (if such Future Parity Bonds are secured by the Reserve
Account) of (i) an amount equal to the Reserve Requirement for those Future Parity Bonds from
the Future Parity Bond proceeds, or (ii) Reserve Insurance or Alternate Security or an amount plus
Reserve Insurance or Alternate Security equal to the Reserve Requirement for those Future Parity
Bonds, or (iii) to the extent that the Reserve Requirement is not funded from Future Parity Bond
proceeds or Reserve Insurance or Alternate Security at the time of issuance of those Future Parity
Bonds, by no later than the fifth anniversary date from the dated date of the respective issue of
Future Parity Bonds from ULID Assessments, if any, levied and first collected for the payment of
the principal of and interest on those Future Parity Bonds and, to the extent that ULID Assessments
are insufficient, then from the Net Revenue in approximately equal annual payments, the Reserve
Requirement for those Future Parity Bonds. No Reserve Insurance or Alternate Security may be
used to satisfy the Reserve Requirement for Future Parity Bonds unless (i) the insurance policy or
Alternate Security is non-cancelable and (ii) the insurer or provider of the Alternate Security as of
the time of issuance of such insurance or Alternate Security is rated in one of the two highest rating
categories by either Moody’s Ratings or S&P Global Ratings.
(d) The ordinance authorizing the issuance of such Future Parity Bonds shall provide
for the payment of mandatory redemption or sinking fund requirements into the Bond Fund for
any Term Bonds to be issued and for regular payments to be made for the payment of the principal
of such Term Bonds on or before their maturity, or, as an alternative, the mandatory redemption
of those Term Bonds prior to their maturity date from money in the Principal and Interest Account.
(e) There shall be on file from a licensed professional engineer experienced in the
design, construction and operation of municipal utilities, or from an independent certified public
accountant, a certificate showing that in his or her professional opinion the Net Revenue for any
12 consecutive calendar months out of the immediately preceding 24 calendar months shall be
equal to the Coverage Requirement for each year thereafter, except that such certificate may be
provided by a City representative if it is based solely upon actual historical Net Revenue without
any adjustment.
The certificate, in estimating the Net Revenue available for debt service, shall use
the historical Net Revenue for any 12 consecutive months out of the 24 months immediately
preceding the month of delivery of the Future Parity Bonds. Net Revenue may be adjusted to
reflect:
Page 49 of 188
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FG: 103771898.3
(1) Any changes in rates in effect and being charged or expressly adopted by
ordinance to take effect within 180 days after the date of this Certificate;
(2) Income derived from customers of the Waterworks Utility that have become
customers during the 12 consecutive month period or thereafter adjusted to reflect one
year’s net revenue from those customers;
(3) Revenue from any customers to be connected to the Waterworks Utility who
have paid the required connection charges;
(4) Revenue received or to be received which is derived from any person, firm,
corporation or municipal corporation under any executed contract for water, sewage
disposal or other utility service, which revenue was not included in the historical Net
Revenue;
(5) The engineer’s or accountant’s estimate of the Net Revenue to be derived
from customers to connect within 180 days after the date of the completion of the additions
to and improvements and extensions of the Waterworks Utility to be paid for out of the
proceeds of the sale of the additional Future Parity Bonds or from other additions to and
improvements and extensions of the Waterworks Utility then under construction and not
fully connected to the facilities of the Waterworks Utility when such additions,
improvements and extensions are completed;
(6) Any increases or decreases in Net Revenue as a result of any actual or
reasonably anticipated changes in Operating and Maintenance Expenses subsequent to the
12 month period; and
(7) When the 2015 Bonds and 2017 Bonds are no longer outstanding,
estimated deposits to and withdrawals from the Rate Stabilization Account.
If Future Parity Bonds proposed to be so issued are for the sole purpose of refunding
outstanding bonds payable from the Bond Fund, such certification of coverage shall not be required
if the amount required for the payment of the principal and interest in each year for the refunding
bonds is not increased over the amount for that year required for the bonds to be refunded thereby
and if the maturities of such refunding bonds are not extended beyond the maturities of the bonds
to be refunded thereby.
Prior: Ordinance No. 4254, Section 15 (2015 Bonds)
Ordinance No. 4365, Section 15 (2017 Bonds)
Ordinance No. 4487, Section 15 (2020A Bonds; 2020B Bonds)
Ordinance No. 4675, Section 16 (2023A Bonds; 2023B Bonds)
Page 50 of 188
C-1
FG: 103771898.3
EXHIBIT C
[Form of]
UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE
City of Pasco, Washington
[Name of Series]
The City of Pasco, Washington (the “City”), makes the following written Undertaking for
the benefit of holders of the above-referenced bonds (the “Bonds”), 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 Bonds. Capitalized terms used but not defined below shall have
the meanings given in Ordinance No. ____ of the City (the “Bond 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 Bonds and described in paragraph (b)(i) (“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 Bonds:
(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 Bonds or other material events
affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if
material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if
material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property
securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy,
insolvency, receivership or similar event of the City, as such “Bankruptcy Events” are
defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition
involving the City or the sale of all or substantially all of the assets of the City 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
Page 51 of 188
C-2
FG: 103771898.3
obligated person, any of which affect security holders, if material; and (16) default, event
of 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.
(iii) Timely notice of a failure by the City to provide the required annual
financial information described in paragraph (b)(i) on or before the date specified in
paragraph (b)(ii).
(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; (2) outstanding debt secured by the Net
Revenue and ULID Assessments; (3) debt service coverage ratio for the year;
(4) Waterworks Utility number of customers; and (5) 10 largest water customers and 10
largest sewer customers of the Waterworks Utility by amount billed;
(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, 20[__]; 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 Bonds without the consent of any holder of any Bond, 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
information will include a narrative explanation of the effect of that change on the type of
information to be provided.
Page 52 of 188
C-3
FG: 103771898.3
(d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder
of each Bond, 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 Bonds. 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 Bonds 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 Bonds. The sole remedy
of any holder of a Bond 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 Bond 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 in
paragraph (a)(i);
(ii) Determining whether any failure to provide the annual financial information
undertaken to be provided in paragraph (a)(i) has occurred and providing any notice
undertaken to be provided in paragraph (a)(iii);
(iii) Determining whether any event specified in items (1)-(16) of paragraph (a)(ii) has
occurred, assessing its materiality, where necessary, with respect to the Bonds, and
preparing and disseminating any notice undertaken to be provided in paragraph
(a)(ii) of its occurrence;
(iv) Determining whether any person other than the City is an “obligated person” within
the meaning of Rule 15c2-12 with respect to the Bonds, 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;
(v) Selecting, engaging and compensating designated agents and consultants, including
but not limited to financial advisors and legal counsel, to assist and advise the City
in carrying out this Undertaking; and
(vi) Effecting any necessary amendment of this Undertaking.
Page 53 of 188
FG: 103771898.3
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 an ordinance duly passed at a regular meeting of the City Council of the City held
at the regular meeting place thereof on ______ __, 2025, as that 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 __________ ____, 2025.
3. 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: __________ ____, 2025.
CITY OF PASCO, WASHINGTON
City Clerk
Page 54 of 188
AGENDA REPORT
FOR: City Council October 6, 2025
TO: Harold Stewart, City Manager City Council Workshop
Meeting: 10/14/25
FROM: Jesse Rice, Director
Parks & Recreation
SUBJECT: Resolution - Project Acceptance Highland Park Southside Landscape (3
minute staff presentation)
I. ATTACHMENT(S):
Resolution
Ordinance No. 4750 - Capital Project Budget 2025-2026
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Project Funding
Real Estate Excise Tax (REET) $ 100,000.00
Total Funding $ 100,000.00
Project Actual Expenses
ESF (Construction) $ 73,528.41
AKS Survey / Design $ 6,345.87
Total Cost $ 79,874.28
IV. HISTORY AND FACTS BRIEF:
Background
City recognized the need to complete missing sidewalk segment on City
Property on South side of Highland Park, give ADA access to visiting side
bleachers of main football field and remove unsightly weedy undeveloped area
along south side of Highland Park.
December 9, 2024 - Council approved $100,000 for the Highland Park
Page 55 of 188
Southside Updates project as part of the CIP approved budget.
Spring 2025 - Contract awarded to ESF Solutions
June-August 2025 - Construction by ESF Solutions
Impact
This project meets the Council's Quality of Life Goal.
Provides ADA accessibility to viewing area and along city street.
Improves safe routes to nearby schools.
V. DISCUSSION:
Recommendation
Staff recommends approval of a resolution accepting the work performed by
ESF Solutions under contract for the Highland Park Southside Landscape
Improvements project via consent agenda at the October 20, 2025, Regular
Council Meeting.
Constraints
NA
Next Steps
NA
Alternatives
Continue to hold retainage and work on resolution of any concerns
Council has on work performed by ESF Solutions LLC.
Page 56 of 188
Resolution -Highlands Park Southside Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY ESF SOLUTIONS, UNDER
CONTRACT FOR THE HIGHLAND PARK SOUTHSIDE PROJECT.
WHEREAS, the work performed by ESF Solutions, under contract for Project No.
REC25-023, has been examined by City of Pasco (City) staff and been found to be in apparent
compliance with the applicable project specifications and drawings, and
WHEREAS, it is City Staff’s recommendation that the City of Pasco formally accept the
contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with City Staff’s recommendation and thereby accepts the
work performed by ESF Solutions, under contract for Project No. REC25-023 as being completed
in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
Parks and Recreaion Department staff and Finance Director.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
David Milne
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 57 of 188
Ordinance – 2025-2026 Capital Projects Budget - 1
ORDINANCE NO. 4750
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE CAPITAL PROJECTS BUDGET FOR THE 2025-2026
BIENNIUM.
WHEREAS, subsequent to due notice and public hearing thereon, the City Council for
the City of Pasco seeks to approve the following Capital Projects Budget for the 2025-2026
biennium.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the capital projects are hereby authorized as detailed. The following
schedule summarizes newly authorized projects, as well as continuing projects, and constitutes
the Capital Projects Budget.
CAPITAL PROJECTS BUDGET FOR 2025-2026
Project Designation Project Name Amount
Parks and Recreation
Highland Park Improvements (Goal
Posts & Restroom/Storage Building) 372,642
Parks and Recreation
Memorial Pool - Bubble Cover &
Improvements 1,208,623
Parks and Recreation
Thunderbird/Farmer's Market
Parking Lot 250,000
Parks and Recreation Police HQ Generator 414,000
Parks and Recreation City Hall Generator 467,000
Parks and Recreation Marina Dock B Replacement 2,310,000
Parks and Recreation
Burden Blvd. Soccer Complex
Improvement - Phase 2 200,000
Parks and Recreation
Xeriscape Boulevards, Facilities &
Parks 150,000
Parks and Recreation Land Purchases - Parks 1,500,000
Parks and Recreation
Pasco Specialty Kitchen Building
Expansion 700,000
Parks and Recreation Peanuts Park North Refurbishment 150,000
Parks and Recreation A Street Sports Complex Phase 2 80,000
Parks and Recreation
Irrigation Clock Conversion
Replacement - City Wide 400,000
Page 58 of 188
Ordinance – 2025-2026 Capital Projects Budget - 2
Project Designation Project Name Amount
Parks and Recreation Big Cross Mountain Bike Trails 250,000
Parks and Recreation
Franklin County Irrigation District
Trail New Construction Phase 1 & 2 75,000
Parks and Recreation
Lighted Pickleball Complex -
Broadmoor Area 1,560,000
Parks and Recreation
Memorial Park Conversion of Play
Fields Refurbishment 950,000
Parks and Recreation
City-Wide Trail Connection and Trail
Improvement 225,000
Parks and Recreation
Martin Luther King Center
Renovation/Expansion - E Columbia
St & S Wehe Ave 3,730,000
Parks and Recreation Sylvester Park Enhancements 150,000
Parks and Recreation Shoreline Drive Park 60,000
Parks and Recreation
Park Security/Pathway Lighting Pilot
Various Parks 175,000
Parks and Recreation Highland Park South Side Update 100,000
Parks and Recreation
Burden Blvd. Soccer Complex
Improvements - Phase 1 1,800,000
Parks and Recreation
Regional Wayfinding and City
Gateways -
Parks and Recreation West Side Community Center -
Parks and Recreation GESA Stadium Refurbishment 2,500,000
Parks and Recreation
GESA Stadium Parking Lot
Refurbishment -
Total Parks and
Recreation 19,777,265
Roadways Lewis St Overpass 100,000
Roadways
Court St /Rd 68 Intersection
Improvements 100,000
Roadways
Sylvester Street Safety
Improvements 100,000
Roadways
Sandifur Pkwy/Rd 76 Intersection
Safety Enhancements 389,000
Roadways Rd 40 East Pathway 500,000
Roadways Lewis Street Underpass Demolition 3,000,000
Roadways James St Improvements -
Page 59 of 188
Ordinance – 2025-2026 Capital Projects Budget - 3
Project Designation Project Name Amount
Roadways Court St Safety Improvements 110,000
Roadways Burns Rd Extension - Missing Link 3,350,000
Roadways
Burden Rd/Rd 44 Intersection
Improvements 360,000
Roadways
Burden Blvd/Rd 60 Intersection
Improvements 360,000
Roadways
W 'A' St/6th Ave Pedestrian
Crossing 592,000
Roadways
Argent Rd/Rd 88 and Sandifur
Pkwy/Rd 90 Pedestrian Crossings 1,122,048
Roadways
Ainsworth Ave Pavement
Preservation 2,082,000
Roadways Lewis St Pavement Preservation 5,146,000
Roadways
I-182/Broadmoor Blvd I/C
Improvements - Eastbound 100,000
Roadways
Burden Blvd/Madison Ave
Intersection Improvements 360,000
Roadways
Rd 68 Widening - Chapel Hill Blvd to
Argent Rd 750,000
Roadways Rd 40 E Extension 930,000
Roadways Columbia St Improvements 390,000
Roadways Clark St Improvements 420,000
Roadways
South 4th Ave Festival Street
Improvements 1,080,000
Roadways Rd 76 Overpass 5,759,000
Roadways
Lewis St Corridor Improvements -
2nd Ave to 5th Ave (Phase 1) 4,348,000
Roadways
Sylvester St Overpass
Pedestrian/Bicycle Access 580,660
Roadways
I-182/Broadmoor Blvd I/C Multiuse
Pathway/Bridge 11,180,000
Total Roadways 43,208,708
Irrigation Irrigation System Expansion 6,375,245
Total Irrigation 6,375,245
PWRF
PWRF Foster Wells Lift Station
Improvements 6,000,000
Page 60 of 188
Ordinance – 2025-2026 Capital Projects Budget - 4
Project Designation Project Name Amount
PWRF
PWRF Pretreatment Improvements
Phase 2) Winter Storage 5,000,000
PWRF
PWRF Irrigation System - Farm
Upgrades 17,000,000
Total PWRF 28,000,000
Sewer Annual Sewer Upsizing Program 816,000
Sewer Maitland Lift Station Improvements 1,000,000
Sewer
9th & WA Lift Station
Improvements 1,000,000
Sewer
CSP#17 - USACE Easement Sewer
Main Upsize - Rd 72 to Rd 60 2,425,000
Sewer
CSP#21 - USACE Easement Sewer
Main Upsize - Rd 28 to US 395 1,225,000
Sewer
CSP#20 - USACE Easement Sewer
Main Upsize -Rd 36 West of US 395 1,625,000
Sewer
Wastewater Treatment Plant
WWTP) Improvements (Phase 2) 10,200,055
Sewer Riverview West Sewer Lift Station 365,000
Total Sewer 18,656,055
Stormwater
Schlagel Park Stormwater Main
Replacement 680,520
Stormwater
Sylvester Pipe Repair - 5th Ave to
10th Ave 841,000
Stormwater Infiltration Improvements Program 1,250,000
Total Stormwater 2,771,520
Water
Road 49 Water Main Replacement -
Replace 2in with 8in South of
Sylvester 1,000,000
Water
West Pasco Water Treatment Plant
Expansion (Phase 2) - 12MGD 2,549,340
Water Land - Plant Expansion 1,000,000
Water
BWTP Project 8 - Flocculation
Basins 335,000
Water BWTP Project 16 - Intake Screens 1,220,000
Water BWTP Project 11 - Ozone 220,000
Page 61 of 188
Ordinance – 2025-2026 Capital Projects Budget - 5
Project Designation Project Name Amount
Water BWTP Project 5 - Chemical Building 310,000
Water
BWTP Project 3 - Raw Water Pump
Station 5,271,000
Water BWTP Project 1 - Electrical Building 3,226,364
Water Reservoir Storage Tank - Zone 2 1,000,000
Water
West Pasco Water Treatment Plant
Expansion (Phase 3 & 4) - Firm
Capacity & 18MG 10,930,000
Total Water 27,061,704
Total Capital Budget 145,850,497
Section 2. The City of Pasco’s 2025-2026 Capital Projects Budget shall be in full force
and effect on January 1, 2025.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 5. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
Page 62 of 188
Ordinance – 2025-2026 Capital Projects Budget - 6
PASSED by the City Council of the City of Pasco, Washington, this 9th day of December,
2024.
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: December 15, 2024
Page 63 of 188
Pasco City Council
October 14, 2025
Workshop
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Project Acceptance
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Southside
10/14/2025
Pasco City Council
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Background
•City recognized the need to complete missing sidewalk segment on City
Property on the Southside of Highland Park, give ADA access to visiting side
bleachers of main football field and remove unsightly area of weeds
•December 9, 2024 -City Council approved $100,000 for the Highland Park
Southside Updates project as part of the CIP approved budget
•Spring 2025 -Contract awarded to ESF Solutions
•June -August 2025 -Construction by ESF Solutions
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Project Funding
REET $100,000.00
Total Funding $100,000.00
Project Expenses
ESF (Construction)$73,528.41
AKS Survey / Design $6,345.87
Final Cost $79,874.28
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AGENDA REPORT
FOR: City Council October 6, 2025
TO: Harold Stewart, City Manager City Council Workshop
Meeting: 10/14/25
FROM: Jesse Rice, Director
Parks & Recreation
SUBJECT: Resolution - Project Acceptance for the Burden Boulevard Soccer
Complex Field Lighting (5 minute staff presentation)
I. ATTACHMENT(S):
Presentation
Draft Resolution
Resolution No. 4574 - Purchase Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Project Funding
WA Dept of Commerce Legislative Appropriation Grant $ 727,500.00
LTGO Bond (Secured) $ 1,050,000.00
Total Funding $ 1,777,500.00
Musco Lighting Installation $ 1,512,749.59
Project Withholding(retainage) ($ 79,618.14)
Tax $ 141,720.75
Final Construction Cost $ 1,734,088.75
IV. HISTORY AND FACTS BRIEF:
Background
Within the 2022 Legislative Priorities, the City Council requested $1.1 million
from the State Legislature for field improvements at the Burden Blvd. Soccer
Complex. In 2023, City was awarded grant amount of $727,500 after 3% state
administrative withholding and had issued LTGO bond to primarily construct
Page 71 of 188
Fire Station 85 and GESA Stadium. Additional funding from the bond proceeds
was allocated to this project. In March 2025, City Council via Resolution No.
4574, approved the purchase agreement with Musco Sports Lighting, LLC for
the installation of 5 fields worth of Sports field Lighting at the City's Soccer
Complex located on Burden Blvd.
Summer 2025 - Sports field lighting installed
September 2025 - Lighting open to public for use
Impact
Meets City Council's Quality of Life and Economic Vitality Goal's
Facilitates expanded use of fields and associated rentals (Already 105
hours of nighttime use in fall 2025)
V. DISCUSSION:
Recommendation
Staff recommends approval of a resolution accepting the work performed by
Musco Soccer Blvd Burden the for LLC under Lighting, Sports contract
Complex Improvements project via consent agenda at the October 20, 2025
Regular Council Meeting.
Constraints
NA
Next Steps
Release retainage withheld
Alternatives
Continue to hold retainage and work on resolution of any concerns
Council has on work performed by Musco Sports Lighting, LLC.
Page 72 of 188
Pasco City Council
October 14, 2025
Workshop
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Project Acceptance
for Burden Blvd.
Soccer Complex Field
Lighting
10/14/2025
Pasco City Council
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Background
•Within the 2022 Legislative Priorities, the City Council requested $1.1 million
from the State Legislature for field improvements at the Burden Blvd. Soccer
Complex
•July 2023 the City was approved for a final Legislative allocation grant amount
of $727,500 after 3% state administrative withholding
•March 3, 2025 -City Council, via Resolution 4574, approved the purchase
agreement with Musco Sports Lighting, LLC for the installation of 5 fields
worth of Sports field Lighting at the City's Soccer Complex located on Burden
Blvd.
•Summer 2025 -Sports field lighting installed
•September 2025 -Lighting open to public for use
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Project Funding
WA Dept of Commerce Legislative Appropriation Grant $727,500
LTGO Bond (Secured)$1,050,000.00
Total Funding $1,777,500
Project Expenses
Musco Lighting Installation $1,512,749.59
Project Withholding(retainage)($79,618.14)
Tax $141,720.75
Final Cost $1,734,088.75
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Recommendation
Staff recommends approval of Resolution ______, accepting the work performed by Musco Sports
Lighting, LLC under contract for the Burden Blvd Soccer Complex Improvements project via consent
agenda at the Oct. 20th Regular Council Meeting.
Next Steps
◦Release retainage withheld
Alternatives
◦Continue to hold retainage
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Resolution -Burden Blvd.. Soccer Complex Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY MUSCO SPORTS LIGHTING LLC,
UNDER CONTRACT FOR THE BURDEN SOCCER COMPLEX FIELD
LIGHTING PROJECT.
WHEREAS, the work performed by Musco sports lighting LLC., under contract for
Project No. 23 529-2526, has been examined by City of Pasco (City) staff and been found to be in
apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is City staff’s recommendation that the City of Pasco formally accept the
contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with City staff’s recommendation and thereby accepts the
work performed by Musco Sports Lighting LLC., under contract for Project No. 23 529-2526 as
being completed in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
Parks and Recreation Department staff and Finance Director.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
David Milne
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 80 of 188
Resolution – Purchase Agreement for Field Lighting- 1
RESOLUTION NO. 4574
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
PURCHASE AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC FOR
THE PURCHASE AND INSTALLATION OF FIELD LIGHTING AT THE
BURDEN BLVD SOCCER COMPLEX.
WHEREAS, the City of Pasco (City) has recognized the need for additional field lighting
to support the growing number of youth and adult sports participants in Pasco; and
WHEREAS, the City, in 2023, was selected as a recipient of a Legislative Appropriations
Grant, administered through the Washington State Department of Commerce, in the net amount of
727,500; and
WHEREAS, the City has secured Limited Tax General Obligation (LTGO) bonds and has
approved the use of a portion of those bonds through the latest Capital Improvement Plan, for the
Burden Blvd. Soccer Complex – Phase 1 project, and
WHEREAS, the purchase will be made through the KCDA Purchasing Cooperative as
encouraged by the City’s Purchasing Policy Administrative Order to meet competitive bidding
requirements; 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 the Purchase
Agreement with MUSCO Sports Lighting, LLC.
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 the
Purchase Agreement between the City of Pasco and MUSCO Sports Lighting, LLC through the
KCDA Purchasing Cooperative, as attached hereto and incorporated herein as Exhibit A.
Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to execute said Purchase Agreement and any future
associated change orders, not to exceed 10% total project cost, should they arise; and to make
minor substantive changes as necessary to execute the Agreement on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 81 of 188
Resolution – Purchase Agreement for Field Lighting- 2
PASSED by the City Council of the City of Pasco, Washington, on this 3rd day of March,
2025.
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 82 of 188
2016, 2022 Musco Sports Lighting, LLC - 1 - M-2167-enUS-10
Quote Quote
Date: January 27th, 2025 Project: Burden Park Soccer
To: Brent Kubalek Pasco, WA
Ref: 240363
King County Directors Association
Master Project: 195250, Contract Number: 23-406, Expiration: 02/28/2025
Commodity: Sport Court/Field Lighting
Quotation Price – Materials Delivered to Job Site and Installation
KCDA Contract Price – 5 – Soccer (5 @ 241,971.00) ................................................................ $1,209,855.00
Adder TLC – LED 1200 (16 @ $5,000.00) ....................................................................................... $80,000.00
Deduct TLC – LED 1500 (16 @ $5,500.00) .................................................................................... ($88,000.00)
Adder – Electrical Installation ....................................................................................................... $356,800.00
Adder – Electrical design services .................................................................................................. $10,750.00
Performance and Payment Bond ................................................................................................... $14,407.00
Total Price (Equipment and Installation): .......................................................................... $1,583,812.00
Pricing furnished is effective for 30 days unless otherwise noted and is considered confidential.
Light-Structure System™ with Total Light Control – TLC for LED™ technology
Guaranteed Lighting Performance
Guaranteed light levels – 50/30 footcandles, 2.0:1/3.0:1 Uniformities
Targeted light, optimizing visibility with no glare in the participants typical line-of-sight
System Description – All materials and labor required for installation of approved design is included in the scope of work
15) Pre-cast concrete bases with integrated lightning grounding
15) 70’ & 90’ Galvanized steel poles
Factory wired and tested remote electrical component enclosures
Pole length, factory assembled wire harnesses
15) Factory wired pole top assemblies
Factory aimed and assembled TLC- LED luminaries
Control-Link® Control and Monitoring system with onsite dimming(high/med/low/blackout).
Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your
maintenance costs for 25 years
Includes a detailed foundation design, signed, and sealed by a licensed structural engineer, registered in the
State of Washington. Structural code and wind speed = 2018 IBC, 100 MPH, Exp C.
Installation Breakdown
Unload Musco equipment
Auger and set Musco pre-cast concrete foundations
Assemble and stand Musco equipment
Installation of the Musco control and monitoring system
Trenching, conduit, and wire
Electrical distribution equipment supplied and installed
Electrical connections at each pole location/service cabinet
Site clean up
Page 83 of 188
2016, 2022 Musco Sports Lighting, LLC - 2 - M-2167-enUS-10
Quote Quote
Scope of Work:
The work shall be completed by a licensed Electrical Contractor, Licensed in the State of Washington, under contract to
Musco Sports Lighting.
Musco Lighting System will be unloaded upon arrival to the job site, the foundations will be augured, set, and backfilled
with concrete per the detailed foundation design. The Poles will be staged and assembled, the LED luminaires will be
mounted, poles erected and luminaire aiming. Wiring for the Lighting System is from the lights/luminaire assemblies down
to the remote electrical enclosure at the base of each pole where it will be terminated on the Musco supplied disconnect
breaker. All packing material, containers and shipping debris will be removed from the site.
The Musco control cabinet and a new 400-amp electrical distribution cabinet will be supplied installed next to the new pad
mount transformer. Hardscape will be removed (as required) to trench from the service location to each of the Musco
poles. Install an in-ground box at the service location and at each Musco pole. Conduit will be installed from the service
location to each in-ground box and from each in-ground box to the Musco poles. Trenches will be backfilled compacted and
graded. Final grading and seeding will be by others. Conductors will be pulled through the new conduits from each pole to
each in-ground box and from each in-ground box to the Musco control cabinet.
Make up all electrical connections at the service location and at each Musco pole. The Musco lighting/control system will be
energized, tested, and commissioned. Site will be cleaned of all debris, packing and construction materials. We will take all
precautions necessary to minimize impacts to the site.
Electrical permit is included. Any additional required permits will be by others.
Notes
Quote is based on:
Payment and performance bond included at $9.18/1000
Pricing reflects current KCDA pricing.
Shipment of the entire project to one location.
Structural code and wind speed = 2018 IBC, 100mph, Exposure C, Importance Factor 1.0.
Reasonable access to pole locations.
Franklin PUD transformer, design, supply and installation charges are the responsibility of the owner
Light Levels and uniformities are guaranteed by MUSCO, any additional aiming required to meet the specified
requirements shall be done by MUSCO.
Confirmation of pole locations prior to production.
Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional
details.
Tim Butz Kenzie Bierman
Musco Sports Lighting, LLC Musco Sports Lighting, LLC
Phone: 503/720-6625 Phone: 563-676-2388
E-mail: tim.butz@musco.com E-mail: kenzie.bierman@musco.com
Page 84 of 188
AGENDA REPORT
FOR: City Council October 7, 2025
TO: Harold Stewart, City Manager City Council Workshop
Meeting: 10/14/25
FROM: Jesse Rice, Director
Parks & Recreation
SUBJECT: Resolutions and Ordinance - Road 80 Park Acceptance of Grant;
Amendment of Capital Budget and Purchase Agreement (10 minute
staff presentation)
I. ATTACHMENT(S):
Presentation
Resolution - Acceptance of WA State Department of Commerce Legislative
Appropriations Grant
Ordinance - Capital Budget Amendment Approval
Resolution - Great Western Recreation - Pasco Park Playground Purchase
Authorization
Great Western Recreation Proposal & KCDA Quote - Purchase & installation of
Road 80 Park
Resolution No. 3920 - Approved in 2019 for the purchase of the park land from
the Pasco School District
Ordinance No. 4784 - 2025-2026 Capital Projects Budget Carryover
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Road 80 Park Project Expenditure Revenue
Park Development Fund $424,100 $424,100
State Grant $499,550 $499,100
TOTAL: $923,650 $923,650
IV. HISTORY AND FACTS BRIEF:
Background
In November 2019, the City purchased five acres of park land from
the Pasco School District adjacent to Three Rivers Elementary and
Page 85 of 188
entered into a development and maintenance agreement with the
District regarding this property. The agreement states that the City
will allow two acres of the land to be included within the adjacent
school's fenced playground area, in return the school installed the
irrigation, sod, curbing and gutter, and ongoing maintenance
responsibilities of the ground. City would develop the other three
acres playgrounds the maintain and park neighborhood a into
structures. This is a model currently used at Vintage Park, Mariposa
Park, and McGhee playfield.
In 2024, the City applied for a Department of Commerce Legislative
Appropriation grant in hopes of expanding the authorized project
budget (Park Development Fund - $424,100 and Grant - $100,000)
to bring the park in line with other neighborhood parks throughout
the City.
In July 2025, the City received the grant award letter from the
Department of Commerce confirming the grant award in the amount
of to budget total the project would expand which $499,550
$923,650, allowing the City to install other features such pickleball
court, additional swings, and larger playground.
Since then, City staff has completed all required pre-grant contract
paperwork and tribal notifications and have worked with Great
Western Recreation to develop a park playground proposal that
includes all necessary amenities. The proposal includes purchase
and installation through the KCDA purchasing cooperative.
V. DISCUSSION:
Recommendation
1. Staff recommends approval of a resolution accepting the Department of
Commerce amount the in of Appropriations Legislative Grant
$499,550.00 and authorizing City Manager to execute the agreement.
2. Staff recommends approval of the resolution which accepts the Great
Western Recreation proposal and quote through KCDA for the Road 80
Park development, and authorizes the City Manager to execute the
agreement.
Time Constraints
Playground vendors implement regular price increases at the end of
each year.
Timeline for Grant fund expenditure ends June 30, 2027.
Next Steps
1. of Department the Approve resolution the Commerce accepting
Legislative Appropriations Grant and authorizing the City Manager to
sign the grant agreement.
Page 86 of 188
2. Approve a resolution accepting the Great Western Recreation park
proposal and quote through the KCDA purchasing cooperative and
authorizing the City Manager to execute the agreement.
3. During the mid-biennium budget adjustment process, amend the Capital
Budget to include the additional $399,550 in grant funding over the
$100,000 currently authorized.
4. Project completion will culminate with a ribbon cutting and tree planting
event in fall of 2026.
Alternatives
1. Do not approve grant but proceed with park construction. This
would require the City to downscale the project, resulting in a park that
is not on par with other neighborhood parks. The project budget would
be reduced to only the $424,100 allocated from Park Development
Fund. This option would also delay the project, as new project proposals
would need to be requested.
2. Approve the grant, but do not approve Great Western Recreation
proposal. This would delay the project while new proposals are solicited
and may result in a reduction of park amenities due to increased costs
over time.
3. Do not proceed with park construction. This would leave the parcel
as an undeveloped grass field and place the City in breach of its
agreement with the Pasco School District, which requires the City to
develop the land into a neighborhood park.
Page 87 of 188
10/14/2025
Pasco City Council
Workshop
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Road 80 Neighborhood Park
10/14/2025
Pasco City Council
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Road 80
Neighborhood Park
Brent Kubalek
Recreation Services Manager
Update and
Project Proposal Approval
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Road 80
Neighborhood Park
Location
•Road 80 & Massey Dr.
•Just North of Chiawana
High School
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Road 80
Neighborhood Park
Location
•City Owned 5 Acres, next to Three Rivers Elementary
•Purchased from PSD in November 2019
•Cooperative agreement with School District
•2 Acres Inside School Play yard Fence
•3 Acres Outside Fence – (Park)
•School District installed curb, gutter and irrigation
•Continually mows
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Road 80
Neighborhood Park
Project Funding = $923,650
•$424,100 – Park Development Fund
•CIP City Council Approved
•$499,550 – Legislative Appropriation
Grant
•Through Department of Commerce
•Contract Finalized Oct 3
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Road 80
Neighborhood Park
Great Western Recreation
Proposal –
•$922,265 – Turnkey Through
KCDA Purchasing Cooperative
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Road 80
Neighborhood Park
Park Amenities Included
•Half Court Basketball Court
•Pickleball Court
•Picnic Shelter
•2.5-5 year-old Playground
•5-12 year-old Playground
•Drinking Fountain
•Small “Sled Hill”
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Road 80
Neighborhood Park
Park Amenities - Continued
•4-Swing Set
•Includes one adult-child
Interactive swing
•Walking Path
•Portable Restroom Shelter
•Benches and Trash
Containers
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Road 80
Neighborhood Park
•Timeline:
•Proposal Approval: Oct 2025
•Construction: Feb-June 2026
•Ribbon
Cutting/Neighborhood Tree
Planting Event: 2026,
Following completion of
construction 2026
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Road 80 Neighborhood Park
Recommendation from staff:
1.Approve resolution authorizing City Manager to sign purchase agreement for
equipment and installation so project can be scheduled.
2.Staff recommends approval of Ordinance # _____ approving an amendment to the
City's Capital Budget to account for the increased grant amount from $100,000 to
$499,550, increasing the Road 80 Park Project expense budget and revenue budget
by the $399,100 difference.
3.Staff recommends approval of Resolution #_____ which accepts Great Northern
Recreation's Proposal and Quote through KCDA for the Road 80 Park
development, and authorizes the City Manager to execute.
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Road 80 Neighborhood Park
Alternatives and Impacts to consider:
1.Do not approve grant but build park
•Downscale Proposal
•Park not on par with other neighborhood parks
•Delay in Project
2.Approve Grant but do not Increase Budget
•Downscale Proposal
•Park not on par with other neighborhood parks
•Delay in Project
3.Approve the grant, increase the budget, but do not approve
Great Northern Recreation proposal
•Delay in Project
•Possible Reduction in amenities/project scale
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Road 80 Neighborhood Park
Alternatives and Impacts to consider (continued):
4. Do not build park
•Leave parcel as is; grass field
•Default on Agreement with School District
5. Authorize additional Park Development Fund dollars to expand
scope
•Park with possibly more amenities than other neighborhood parks.
•Delay in Project
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Resolution – Park Grant Acceptance - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE ACCEPTANCE OF THE WASHINGTON STATE
LEGISLATIVE APPROPRIATION GRANT, ADMINISTERED THROUGH
THE WASHINGTON STATE DEPARTMENT OF COMMERCE FOR
CONSTRUCTION OF ROAD 80 NEIGHBORHOOD PARK.
WHEREAS, the City of Pasco (City) applied for a Legislative Appropriation Grant from
the State of Washington for the construction of the Road 80 Neighborhood Park; and
WHEREAS, the City’s grant application was approved in the amount of $499,500.00, after
the Department of Commerce administrative fee is applied; and
WHEREAS, as stated in the City’s Parks, Recreation and Open Space Mater Plan, the City
has a goal to provide, “a comprehensive, equitable and accessible system of parks…”; and
WHEREAS, the City would like to accept the Grant for its intended purpose of expanding
the scope of and providing the City with a neighborhood park at the NW corner of Road 80 and
Massey Drive to help the City in its efforts to meet the above stated goal;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council does hereby accept the Legislative Appropriations Grant
Administered by the Washington State Department of Commerce, for the purpose of expanding
the scope of and constructing the Road 80 Neighborhood Park, and
Be It Further Resolved, that the City Manager, or his designee, is hereby authorized to to
execute, sign Department of Commerce Grant contract #26-96647-242 and take all other necessary
steps to accept the above stated grant, and
Be It Further Resolved, that this resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
David Milne
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 102 of 188
Ordinance – 2025 – 2026 Operating Budget Amendment - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE 2025-2026 BIENNIAL CAPITAL BUDGET (ORDINANCE
NO. 4750), BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE
ADDITIONAL APPROPRIATION IN THE CITY’S CAPITAL
CONSTRUCTION FUND.
WHEREAS, on December 9, 2024, the Pasco City Council approved Ordinance No. 4750,
adopting the 2025-2026 Biennial Capital Projects Budget; and
WHEREAS, on August 18, 2025, the Pasco City Council approved Ordinance No. 4784,
adopting the 2025-2026 Biennial Capital Projects Budget Carryover of Prior Year Budget to
complete Capital Projects Amendment; and
WHEREAS, the 2025-2026 Amended Biennial Capital Projects Budget included the
Road 80 Park Project in the amount of $524,100.of which included $424,100 from the Park
Development Fund and $100,000 from a State Grant; and
WHEREAS, current project costs exceed the originally anticipated costs, due to market
conditions; and
WHEREAS, the final amount of the state grant awarded the City was greater than
anticipated at $499,550, instead of $100,000;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200, the 2025-2026 Biennial Budget be and the
same is hereby amended to provide additional funds for the completion of the Road 80
Neighborhood Park Project above and beyond the $524,100 listed above, as follows:
Fund EXPENDITURE REVENUE
Construction Fund $399,550.00
Revenue from State Grant $399,550.00
Total $399,500.00 $399.500.00
Section 2. That the additions in appropriations and expenditures are hereby declared
to exist in the above funds for the said uses and purposes as shown above, and the proper City
officials are hereby authorized and directed to issue warrants and transfer funds in accordance
with the provision of the Ordinance.
Page 103 of 188
Ordinance – 2025 – 2026 Operating Budget Amendment - 2
Section 3. Except as amended herein, Ordinance No. 4750 as previously adopted
heretofore shall remain unchanged.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance.
Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 6. Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take full force and
effect five (5) days after approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of ______,
2025.
David Milne
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: ___________________________
Page 104 of 188
Resolution – Purchase Agreement for Park Amenities- 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE
AGREEMENT WITH GREAT WESTERN RECREATION THROUGH THE
KCDA PURCHASING COOPERATIVE FOR THE PURCHASE AND
INSTALLATION OF PATHWAYS AND PARK AMENITIES AT THE CITY
OWNED PARK LAND LOCATED A THE NW CORNER OF THE
INTERSECTION OF ROAD 80 AND MASSEY DRIVE.
WHEREAS, the City of Pasco (City) has recognized the need for and importance of
neighborhood parks in increasing quality of life for its residents; and
WHEREAS, in 2019, the City purchased the land at the corner of Road 80 and Masey Dr.
(site) from the Pasco School District (District) with the intention of developing a neighborhood
park ; and
WHEREAS, the City, at that same time entered into a development and maintenance
agreement with the District regarding the site, and
WHEREAS, in 2025, the City was selected as a recipient of a Legislative Appropriations
Grant, administered through the Washington State Department of Commerce, in the net amount of
$499,500 for the development of a neighborhood park at the site; and
WHEREAS, through Ordinance No. _____, the City has approved the use of an additional
$424,100 of Park Development Funds for the development of a neighborhood park at the site; and
WHEREAS, the purchase, to include installation. will be made through the KCDA
Purchasing Cooperative as encouraged by the City’s Purchasing Policy Administrative Order to
meet competitive bidding requirements; 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 the Purchase
Agreement with Great Western Recreation.
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 the
Purchase Agreement between the City of Pasco and Great Western Recreation through the KCDA
Purchasing Cooperative as attached hereto and incorporated herein as Exhibit A.
Page 105 of 188
Resolution – Purchase Agreement for Park Amenities- 2
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Purchase Agreement, and any future
associated change orders, not to exceed 10% total project cost, should they arise, to make minor
substantive changes as necessary to execute the Agreement on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
David Milne
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 106 of 188
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Page 146 of 188
Ordinance – 2025-2026 Capital Projects Budget Amendment- 1
ORDINANCE NO. 4784
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE 2025-2026 BIENNIAL BUDGET (ORDINANCE NO. 4750)
OF THE CITY OF PASCO, WASHINGTON, BY PROVIDING SUPPLEMENT
THERETO; TO PROVIDE FOR ADDITIONAL APPROPRIATION FROM THE
CARRYOVER OF PRIOR YEAR BUDGET TO COMPLETE CAPITAL
PROJECTS.
WHEREAS, on December 9, 2024, the Pasco City Council approved Ordinance No.
4750, adopting the 2025-2026 Capital Projects Budget; and
WHEREAS, it is necessary to carry over unexpended appropriations from the prior
budget period to the current budget period for uncompleted capital improvement projects; and
WHEREAS, the Pasco Finance Department, in coordination with the Public Works
Department and Parks and Recreation Department, determined carryover funds available to
individual capital improvement projects; and
WHEREAS, the application of funds has been identified, and the City Council of the City
of Pasco finds and determines that such amendment of the 2025-2026 Biennial Budget is in the
best interests of residents of the City of Pasco and will promote the general health, safety and
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200, the 2025-2026 Biennial Budget be and the
same is hereby amended to provide for carry forward of unexpended balances of the preceding
budget, amending revenues, transfers in, expenditures, and transfers out by providing authority
of any necessary transfer of money within or between funds indicated, and their subsequent
impact to end fund balance:
FUND EXPENDITURES REVENUE
GENERAL FUND 23,908,367 126,800
MULTIMODAL 70,000
PARK DEVELOPMENT FUND 424,100
CAPITAL IMPROVEMENT FUND -
REET 170,100
STADIUM FUND 160,200
Page 147 of 188
Ordinance – 2025-2026 Capital Projects Budget Amendment- 2
FUND EXPENDITURES REVENUE
GENERAL CAPITAL PROJECTS 26,794,467 26,294,467
WATER/SEWER UTILITY FUND 14,390,215
EQUIPMENT REPLACEMENT FUND -
GOVT. 7,200
EQUIPMENT REPLACEMENT FUND -
UTILITY 153,300
Total 65,644,749 26,294,467
Section 2. That the additions in appropriation and expenditures are hereby declared to
exist in the above funds for the said uses and purposes as shown above and the proper City
officials are hereby authorized and directed to issue warrants and transfer funds in accordance
with the provision of the Ordinance.
Section 3. Except as amended herein, Ordinance No. 4750 as previously adopted
heretofore shall remain unchanged.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulation s; or
numbering or referencing of ordinances or their sections and subsections.
Section 6. Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take full force and
effect five (5) days after approval, passage, and publication as required by law.
Page 148 of 188
Ordinance – 2025-2026 Capital Projects Budget Amendment- 3
PASSED by the City Council of the City of Pasco, Washington, this 18th day of August,
2025.
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC
City Attorneys
David Milne
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Published: _____________________________ Sunday, August 24, 2025
Page 149 of 188
AGENDA REPORT
FOR: City Council October 6, 2025
TO: Harold L. Stewart II, City Manager City Council Workshop
Meeting: 10/14/25
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: with Agreement Services Professional - Supplement Resolution to
Consor North America, Inc. for Design Services for the Sylvester Street
Overpass minute staff (5 Pedestrian/ Access Bicycle Project
presentation)
I. ATTACHMENT(S):
Resolution
Exhibit A - Professional Services Agreement (PSA) Supplemental Agreement
No. 1
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Original Professional Services Agreement (PSA): $364,568.68
Proposed Supplement No. 1: $583,988.36
New PSA Total: $948,557.04
Funding Source Amount
2023-25 Connecting Communities Pilot Program (State): $373,000.00
2023-25 Pedestrian & Bicycle Safety Program (State): $ 3,357,000.00
Fund 120 - Arterial (local) $80,000.00
Unsecured Grant $2,270,000.00
TOTAL $6,080,000.00
Page 150 of 188
IV. HISTORY AND FACTS BRIEF:
Background:
Project
Sylvester Street is an east-west minor arterial connecting residential
areas to downtown Pasco.
This project completes the pedestrian & bicycle connection started in the
Sylvester Street Safety Improvement project between N 28th Ave and
Road 32.
The project adds a dedicated overpass for pedestrians and cyclists,
featuring a sidewalk with a curb, ADA curb ramps, and a shared used
path/trail.
PSA
Since this is a bridge, the original PSA covered 30% design only. Per
WSDOT requirements, a bridge alternative analysis must be completed
before progressing past 30% design. The PSA was executed on April 9,
2025, for $364,568.00 to complete the first step.
The bridge alternative analysis considered two alternatives: 1) Multi-
span precast prestressed concrete girder structure and 2) Single-span
prefabricated steel truss bridge. The costs of both alternatives were
estimated to be roughly the same cost at approximately $4.4 million.
The analysis recommended alternative 2 Single-span prefabricated
streel truss bridge for following reasons:
o No need for an intermediate pier which eliminates the need for a
permanent structure in US 395 median.
o Less disruptive construction.
o Improved aesthetic. The steel truss can be more visually
appealing than the concrete girder alternative.
Supplement No. 1 to PSA will add needed scope to proceed with design
of the recommended alternative.
The grants awarded total $3.81 million that account for design and
construction. While developing the alternatives and 30% design, cost
estimates revealed a need for approximately $2.3 million in additional
funding for project completion. City staff is pursuing grants for the
needed funds.
Impact (other than fiscal):
This project will facilitate the safe crossing of non-vehicular traffic across
Highway 395 on Sylvester Street. The current bridge deck is too narrow to
provide adequate clearance for pedestrians and cyclists, making this
improvement essential for safety and accessibility.
These measures reflect Council's vision as adopted in Ordinance No. 4389
Complete Streets policy and are key to increasing safety to all modes of
transportation along this corridor.
Page 151 of 188
V. DISCUSSION:
Recommendation:
Staff recommends approval of the Supplemental Agreement No. 1 to the
Professional Services Agreement with Consor North America, Inc. for the
completion of design and other pre-construction activities of the Sylvester
Street of the in amount Access Pedestrian/Bicycle Overpass Project
$583,988.36.
Constraints (time or other consideration):
The design is on track to be completed in 2026 for construction in 2027.
Next Steps:
City staff will be working on applying for another state grant to cover the
remaining funds needed to construct the bridge.
Based on Council's actions, the project will continue to work towards
final design.
Alternatively, Council may:
Deny the PSA supplement and put the project on hold.
Page 152 of 188
Resolution - Sup 1 to PSA with Consor North America, Inc. - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE
SUPPLEMENT NO. 1 FOR THE PROFESSIONAL SERVICES AGREEMENT
WITH CONSOR NORTH AMERICA, INC. FOR THE SYLVESTER STREET
OVERPASS PEDESTRIAN/BICYCLE ACCESS PROJECT.
WHEREAS, the City of Pasco (City) and Consor North America, Inc. entered into a
Professional Services Agreement (PSA) on April 9, 2025, in the amount of $364,568.00 to
provide design services including bridge alternative analysis and 30% design for the Sylvester
Street Overpass Pedestrian/ Bicycle Access Project; and
WHEREAS, the bridge alternative analysis presented two alternatives: 1) Multi-span
precast prestressed concrete girder and 2) Single-span prefabricated steel truss bridge. The costs
of both alternatives were roughly the same at $4.4 million. The analysis recommended that
Alternative 2) Single-span prefabricated street truss bridge. See Exhibit A for more information;
and
WHEREAS, the City Council of the City of Pasco, Washington has after due
consideration has determined that it is in the best interest of the City of Pasco to enter into the
additional engineering services for the overpass access project.
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 the PSA
Supplement No. 1 between the City of Pasco and Consor North America, Inc. as attached hereto
and incorporated herein as Exhibit B, and
Be It Further Resolved, that the that the City Manager of the City of Pasco,
Washington, is hereby authorized, empowered, and directed to execute said PSA Supplement
No. 1 on behalf of the City of Pasco; and to make minor substantive changes as necessary to
execute the Supplement.
Be It Further Resolved, that this resolution shall take effect immediately.
Page 153 of 188
Resolution - Sup 1 to PSA with Consor North America, Inc. - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
_____, 2025.
_____________________________
David Milne
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 154 of 188
Supplemental Agreement
Number
Organization and Address
Phone:
Original Agreement Number
Project Number Execution Date Completion Date
Project Title New Maximum Amount Payable
Description of Work
The Local Agency of
desires to supplement the agreement entered in to with
and executed on and identified as Agreement No.
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read:
III
Section V, PAYMENT, shall be amended as follows:
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: By:
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063
Revised 09/2005 Page 155 of 188
Exhibit “A”
Summary of Payments
Basic
Agreement
Supplement #1 Total
Direct Salary Cost
Overhead
(Including Payroll Additives)
Direct Non-Salary Costs
Fixed Fee
Total
DOT Form 140-063
Revised 09/2005 Page 156 of 188
CITY OF PASCO, WASHINGTON
Amendment 1 Scope of Work: Phase II
Sylvester Street Overpass Pedestrian/Bicycle Access (City Project No. 23 577)
City of Pasco
INTRODUCTION
Consor North America, Inc. (Consor) and its consultant team are completing phase I of the Sylvester Street
Overpass Ped/Bike Access project. Phase I included completing alternatives analysis, bridge design, geotechnical
investigation, topographic survey, environmental process, public involvement process, and other related
engineering services up through 30 percent design. Phase II advances the 30% design to final PS&E.
PHASE I SUMMARY
Phase I of the project included evaluating two feasible alternatives for the proposed shared-use path bridge over
US 395. Alternative 1 was a two-span prestressed concrete girder bridge with an intermediate pier located in the
median of US 395. Alternative 2 was a single-span prefabricated steel truss bridge that fully clears US 395 without
intermediate support. Both alternatives are supported by stub abutments behind mechanically stabilized earth
(MSE) wall embankments. The alternatives analysis evaluation recommended proceeding with alternative 2 due to
the reduced construction risk, fewer traffic impacts, and long-term benefits. Phase I also included design
development through the 30% level, cultural resources documentation, and stakeholder coordination.
SCOPE OF WORK:
There are no federal funds being used for the design of the project and they are not anticipated to be used for
construction.
To the extent feasible, it is assumed that the project footprint will stay within the City’s right-of-way (ROW) and
that no additional permanent ROW will be required. The City will likely need to acquire temporary construction
easements from adjacent properties. An allotment of $10,000 will be included in phase II to provide support for
ROW acquisition efforts as needed. This will support the start of right-of-way services but may need to be
supplemented depending on how much ROW or TCE’s are required.
Items not currently included within the scope can be added under a supplemental agreement later or within a
contingency task as part of this contract.
TASK 1. PROJECT MANAGEMENT AND ADMINISTRATION
Consor will provide management and coordination for all tasks included in this Scope. The design phase for the
project is anticipated to take up to 13 months, beginning in December 2025. Consor will manage services
performed by our staff and sub-consultants and coordinate with City representatives as needed on work tasks
performed by others during this time.
Subtask 1.1: Contract Administration, Invoicing, and Progress Reports
1. Prepare and submit monthly invoices. Each invoice will include the date period covered by the invoice;
number of hours worked during the billing period with billing rates shown; expenses and associated mark-
Page 157 of 188
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
2
ups; total cost for labor and expenses for the billing period; subconsultants fees including markups for the
billing period; and a total amount summarizing labor, expenses, and subconsultant fees.
2. Prepare a Contract Summary Report to accompany the monthly invoices. The Contract Summary Report will
list each invoice as well as the current invoice with an itemized summary of invoice numbers, dates, and
amounts billed for labor, expenses, and subconsultants as well as total amounts for each invoice. The Contract
Summary Report will also list the total amount billed to date, the total amount remaining under contract, and
contract expiration date.
3. Prepare a brief Project Status Report to accompany the monthly invoices. The Project Status Report will
include: date period covered by the Status Report, a brief summary of work performed during the billing
period, a notice to the City raising any issues or concerns that could require a contract
amendment/supplement, a brief summary of completed and/or upcoming project milestones, and action
items needed from the City for project delivery. Consultant shall monitor the status of the budget and take
corrective actions to correct undesirable budget trends involving the City if the scope is impacted.
4. Maintain project documentation, including a design criteria matrix, design assumption validation summary,
and ongoing design decisions. Also, maintain a communications log of interactions/communications with the
property owners and general public impacted by the project. Provide copies of project files and records to the
City for audits and public information requests. Final submittal documents shall be provided in electronic
format.
Deliverables
· Monthly invoices, Contract Summary Reports, and Project Status Reports
· Project Design Updates
· Project Documentation listed above
Subtask 1.2: Meetings
This item includes coordination and meetings to successfully complete the project. All meetings are assumed to
be virtual unless otherwise stated.
1. Preparation for and attendance at phase II project kickoff meeting with City staff
a) Up to four Consor staff will attend a 2-hour phase II virtual kickoff meeting with City staff.
b) Other team members will be in attendance, scope and budget are in individual sections below
c) The kickoff meeting will also include a review of the alternative design concepts and will review all original
design assumptions.
2. Up to 26 (twice/month) internal Consor design team coordination and meetings
3. Preparation for and attendance at up to 32 (twice/month + 6 more) virtual project coordination meetings with
City staff.
a) One Consor staff will attend up to 6 1-hour virtual team meetings.
b) Up to two Consor staff will attend up to 26 1-hour virtual team meetings.
c) Other subconsultant team members will attend various virtual meetings as needed, scope and budget are
in individual sections below.
4. Meet with City staff (virtually) after the review of the 60%, and 90% plan submittals.
Page 158 of 188
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
3
Deliverables
· Meeting Agendas and Meeting Summaries
· Summary of Design Assumptions and changes to Design Assumptions
Subtask 1.3: Management, Coordination, and Direction
1. The Consultant shall provide management, coordination, and direction to the project team to complete the
project on time and within budget.
2. The Consultant shall provide quality management for the review of technical work and other deliverable
products.
3. The Consultant shall prepare and maintain a project design schedule. The schedule shall identify Consultant
tasks, major milestones and deliverables, and items provided by the City and other consultants. The schedule
shall be updated as circumstances require.
4. The Consultant shall coordinate Consultant tasks and activities with the City. This will include using the
regularly scheduled meetings to plan and coordinate upcoming activities.
5. The Consultant shall coordinate with private and public utilities, including power, phone, cable, gas, internet
and other utilities. See Task 10 below.
6. The Consultant shall coordinate with WSDOT and the City will be CC’d in all emails and meetings.
7. The Consultant shall coordinate with property owners adjacent to the project who will be affected by the
project, with the city involved in all property owner coordination.
Deliverables
· Project Schedule and Schedule Updates
· Summary notes of coordination efforts
Subtask 1.4: Grant Application Support (Contingency)
1. The Consultant shall provide grant application support to the City for the pursuit of additional funds for
construction. These may include but are not limited to TIB grants, Federal STBG funds, or other funding
sources the City may decide to pursue. Without knowing the specific grants or loans to be applied a
contingency budget has been provided that may require a contract amendment.
Deliverables
· Draft grant/loan applications for review by City staff
· Final grant/loan applications
TASK 2. SURVEYING AND PROJECT PHOTOS
Subtask 2.1: Topographic Survey
Completed in phase I
Subtask 2.2: Site Visits
Completed in phase I
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Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
4
Subtask 2.3: Aerials for Geotechnical Investigation
Completed in phase I
Subtask 2.4: Project Photos
Completed in phase I
TASK 3. GEOTECHNICAL ENGINEERING
Subtask 3.1: Geologic Map Review, Subsurface Exploration Work Plan, and Site Reconnaissance
1) Prepare a Subsurface Exploration Work Plan (SEWP) showing the proposed exploration locations and outlining
the subsurface exploration program, including specific work, safety procedures, and traffic control provisions.
The subsurface exploration locations and depths should conform to AASHTO and WSDOT guidelines, and
should be based on the bridge type, size, and substructure locations. No subsurface explorations will be
performed prior to review and approval of the SEWP by the City of Pasco. All required Traffic Control Plans
(TCP’s) will be prepared by a flagging company licensed to work in the State of Washington and reviewed by
the City of Pasco. Provisions for traffic control will be required for subsurface explorations located in Sylvester
Street and US 395 rights-of-way. Depending on property ownership and right-of-way considerations, permits
for completing subsurface explorations may also be required for all of the exploration locations.
2) Complete a site visit to mark the proposed subsurface exploration locations. Coordinate utility locating for the
subsurface explorations using the public “One Call” service and retain a private utility subcontractor to further
evaluate the presence of conductible utility conflicts at each subsurface exploration location. It is assumed the
City will provide utility drawings along the project alignment for review.
3) Coordinate the subsurface exploration schedule with Consor and the appropriate City and WSDOT
representatives.
Subtask 3.2: Subsurface Exploration:
1) Advance up to four drilled borings in Sylvester Street and two test pit excavations in the City’s right-of-way
(ROW) to characterize subsurface soil conditions. Anticipate that five days will be required to complete the
drilled boreholes and two days will be required to complete the test pit excavations.
a) Drill two borings in Sylvester Street to a depth of about 100 feet below the ground surface (bgs), or
practical refusal, to evaluate subgrade conditions near each planned bridge abutment.
b) Drill two borings in Sylvester Street to a depth of about 50 feet below the ground surface (bgs), or
practical refusal, to evaluate subgrade conditions in the existing approach embankment fill on each side
of the abutment.
c) Excavate two test pit excavations in the City’s ROW to depths of up to 10 feet below the ground surface
(bgs), or practical refusal, to evaluate subgrade conditions at each end of the project alignment.
d) A total of four infiltration tests will be performed in the two test excavations completed in the City’s ROW
at each end of the project alignment at depths between 4 feet and 10 feet bgs.
2) Maintain a log of the soils encountered in the explorations and collect soil samples for laboratory testing.
3) Restore the explorations in the following manner:
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a) Borings—Backfill the drilled borings in accordance with Washington State regulations and patch the
asphalt concrete pavement section to match the existing section with asphalt cold patch.
b) Test Pits—Backfill the test pit excavations with the excavation spoils, compact the test pit backfill in lifts
using the excavator bucket, and grade the ground surface to match existing site conditions.
c) All soil cuttings and investigative-derived waste from the drilled borings will be placed in drums and
removed from the site.
Subtask 3.3: Soils Testing
1) Conduct a laboratory testing program on select soil samples. The actual quantity and type of tests run will be
based on the materials collected, though for budgeting purposes will include up to (if needed or appropriate)
a) 25 percent fines determinations (percent passing the No. 200 sieve)
b) 75 moisture content
c) 6 unit weight
d) 4 Atterberg Limits determinations
e) 2 gradations
f) 2 consolidation tests
Subtask 3.4: Geotechnical Engineering Analysis
1) Conduct engineering analyses in accordance with AASHTO and WSDOT design guidelines to evaluate:
a) Embankment construction alternatives (structural fill)
b) Static and seismic slope stability
c) Asphalt pavement design for the path and bridge approaches
d) Bridge foundation types and design parameters
e) Seismic design parameters
f) Earthquake and geologic hazards
g) Excavations and cut/fill slopes
h) Abutment and retaining walls
i) Stormwater disposal facilities infiltration parameters
Subtask 3.5: Geotechnical Report
1) Prepare a draft geotechnical report summarizing the results of the subsurface exploration and laboratory
testing programs and presenting appropriate recommendations and conclusions.
2) Prepare a final geotechnical report incorporating requested changes/updates from the project team’s review
of the draft report.
3) Coordinate geotechnical tasks with other design tasks.
4) Attendance at up to two virtual project meetings.
Subtask 3.6: Hazardous Materials Discipline Report (CONTINGENCY ALLOTMENT)
In the event that hazardous materials are encountered within the project area, this task is associated with GRI’s
services to perform a Hazardous Materials (HAZMAT) Discipline Report according to accepted environmental
procedures as outlined in WSDOT guidance.
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Subtask 3.6.1: Records Review
1) Review readily available information regarding geologic, groundwater, and environmental conditions for the
vicinity of the subject property.
2) Review historical aerial photographs, historical city directories, and Sanborn maps for the subject property for
indications of past occupants or businesses that may have had the potential to affect the soil or groundwater
at the subject property.
3) Review listings of government agency file records for potential contaminant sources in the project area.
Hazardous material environmental records from the U.S. Environmental Protection Agency and the
Washington Department of Ecology will be compiled and reviewed for indications of hazardous materials site
that could impact the project. Evaluate the available local agency hazardous material records that are
available within the project timeframe for information regarding the subject property.
To the extent practical within project schedule and budget constraints, follow-up inquiries will be conducted
regarding the nature and documented extent of recognized environmental conditions listed as having
occurred on or having affected the subject property and the adjacent properties.
Subtask 3.6.2: Site Reconnaissance
1) Conduct a physical reconnaissance of the subject property by an experienced environmental engineer or
geologist. During the visit, the presence or absence of conspicuous, recognized environmental conditions will
be noted. Indications that the subject property was used in a manner that may have resulted in contamination
will be noted and reported. A visual survey of neighboring properties will also be conducted to note
businesses or features that have the obvious potential to affect the subject property.
Subtask 3.6.3: Hazardous Material Discipline Report
1) The compiled information will be evaluated to assess the likelihood that hazardous material sites located close
enough could potentially impact the project.
2) Hazardous Material Discipline report with appendices will be prepared to document findings and conclusions
and, if warranted, provide recommendations for additional assessment. Project findings, conclusions, and
recommendations will be summarized in an Executive Summary.
3) Prepare a final Hazardous Material Discipline report incorporating requested changes/updates from the
project team’s review of the draft report. The project report will be signed and stamped by a Washington-
licensed engineering geologist or professional engineer.
Deliverables
· Draft Hazardous Material Discipline report (electronic PDF copy)
· Final Hazardous Material Discipline report (electronic stamped and signed PDF copy)
TASK 4. CULTURAL RESOURCE INVESTIGATION
Subtask 4.1: Cultural Resource Investigation
· COMPLETED IN PHASE I
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· Archeological Monitoring of the Geotechnical explorations is excluded from the scope and budget.
TASK 5. DESIGN ASSUMPTION VALIDATION AND ALTERNATIVES ANALYSIS
· COMPLETED IN PHASE I
TASK 6. ENVIRONMENTAL PERMITTING
Subtask 6.1: SEPA Checklist
Prepare a draft SEPA Checklist and submit to the City project staff for review. Prepare final SEPA Checklist and
submit to the City’s Development Services Department.
Assumptions
· Draft SEPA Checklist to be provided to the City for review
· City will pay agency fees
Deliverables
Draft and Final SEPA Checklist
TASK 7. PUBLIC OUTREACH
Subtask 7.1: Public Involvement/Virtual Open House
Public involvement will continue focusing on clearly communicating the project’s needs and benefits. The
Consultant will support the City by preparing graphics, including a video project update, for an in-person open
house. They will also attend up to one community event, such as Cinco de Mayo or Music and Movies in the Park,
to help share project information. These events will allow local residents and the broader public to learn about the
project and how construction may affect travel in the area.
City staff will organize and facilitate the open house, as well as place advertising and public notices. Consor will
prepare a summary of the meetings, including a compilation of comments received, and provide it to the City for
reference.
Phase I remaining scope that will be carried out in Phase II:
· One Consultant staff will attend up to one open house.
· One Consultant staff will attend up to one in-person event.
· The consultant will prepare a Fact sheet in English and Spanish.
· The consultant will prepare up to one survey (online or online and print option).
· The consultant will design and print up to three display boards and promotional materials for open
houses and events (e.g., fact sheet, invite, etc.)
· The consultant will draft project webpage content, the City will update the content and maintain the
project website with Consultant’s help (as needed).
· Up to 4 social media posts.
· The City will advertise the open house and provide light refreshments.
· The City will set up and facilitate open house with Consultant’s help (as needed), and coordinate Spanish
interpretation.
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· The Consultant will provide a summary of the comments received from the virtual open house.
· The City will provide review and comments on any materials prepared by the Consultant.
Deliverables
· One survey (print, online, or both) in English and Spanish, with up to two City reviews
· Fact sheet in English and Spanish, with up to two City reviews
· Summary of survey responses
· Summary of open house
· Webpage content
· Social media content
· Graphics that may be required as part of in-person event and/or open house
TASK 8. RIGHT-OF-WAY
Subtask 8.1: Temporary Construction Easements
It is anticipated that this project will not require ROW acquisition. However, the project will require a minimum
of one TCE at the east side of the bridge.
Subtask 8.2: Right-Of-Way Acquisition Survey (CONTINGENCY ALLOTMENT)
This subtask will mathematically resolve the boundaries for up to two new parcels for TCE or ROW acquisition
and update the overall ROW plan. PBS will examine title reports for each of the two properties for existing
easements and encumbrances that could adversely affect ROW acquisition.
· Obtain title reports for up to two additional parcels (TCE or ROW)
· Prepare exhibits and legal descriptions for ROW acquisition for each of the two additional parcels
· Prepare exhibit and legal description for potential Charter Communications easement
Deliverables
Updated ROW plan to include up to two additional properties along with acquisition exhibits for those
properties including maps and legal descriptions. Exhibit and legal description for Charter Communications
easement.
Subtask 8.3: Right-Of-Way Acquisition (CONTINGENCY ALLOTMENT)
This task is to review the potential update to the ROW plan and determine the steps needed to acquire the
additional right-of-way. The budget for this task is not intended to cover the entire potential scope of the
additional ROW acquisition but to help start the process while a supplemental agreement is prepared.
Deliverables
Strategy for accomplishing the updated ROW acquisition and a scope and budget for the additional work
associated.
Subtask 8.4: Right-Of-Way Marking and Record of Survey (ROS) (CONTINGENCY ALLOTMENT)
Set ⅝-inch by 30-inch iron pins or other permanent monuments as appropriate at right-of-way angle points,
points of curvature, points of tangency, and intersections with existing rights-of-way. Prepare and record a record
of survey in accordance with RCW 58.09, WAC 332-130-050, and the requirements of WSDOT Plans Preparation
Manual, Document M 22-33.10. The budget for this task allows for three field days and five days in the office.
· Set right-of-way limit monuments
· Prepare and record a record of survey
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Deliverables
Record of survey in electronic and hard copy format
TASK 9. DESIGN ENGINEERING: PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
The Consor team will advance the design from the 30% design to 60%, 90%, and Final Design construction
contract documents based on the preferred alternative determined from the public outreach meeting results. The
bridge design will be in accordance with the requirements of the AASHTO LRFD Bridge Design Specifications, 9th
Edition, 2020 and WSDOT Bridge Design Manual (LRFD), June 2025. The trail design will meet all Washington State
Regulations, ADA and U.S. Access Board requirements, The Consor team will be responsible for providing design
engineering services for the deliverables outlined below for the following submittals:
30% Submittal – completed in phase I
60% Submittal
90% Submittal
Final Design submittal
Quality Assurance/Quality Control (QA/QC)
Subtask 9.1: 30% Design (PS&E)
Completed in phase I
Subtask 9.2: 60% Design (PS&E)
The Consultant will address review comments on the 30% plans and develop construction documents to the 60%
design stage. These documents will consist of plans, a bid item list, an opinion of probable construction cost, and
an anticipated construction schedule.
Stormwater design effort under this section includes stormwater runoff modeling of the project site using
HydroCAD to develop a 60% level design of stormwater conveyance and disposal facilities, as well as a draft
stormwater report demonstrating project compliance with requirements from the 2019 Stormwater management
Manual for Eastern Washington.
· Prepare 60% design plans: Incorporate all comments received during the 30% design review meeting.
· Existing utility crossings will be shown in profile with the understanding that vertical location is assumed
until potholing is complete.
The 60% plan set shall include the following sheets:
Cover Sheet (1)
General Notes and Legend (1)
Site Prep Plan (2)
Grading and Erosion Control Plan (4)
Trail Typical Sections (1)
Trail layout (2)
Trail profile (2)
Stormwater Plans (3)
Stormwater Details (2)
Stormwater Treatment Layout (2)
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Bridge layout (1)
Foundation Plan (1)
Abutment Layouts (2)
Abutment Details (2)
Superstructure Details (1)
Retaining Wall layout (4)
Retaining Wall details (2)
Trail Illumination Plans (2)
Trail Illumination Details (1)
Construction Signing Plan (2)
Traffic Control Plan for Sylvester Street (2)
Traffic Control Plan for US395 (2)
Log of Test Borings (1)
Deliverables
60% Plans (1 electronic copy/PDF)
60% Cost Estimates with 15% contingency (1 electronic copy/Excel)
Subtask 9.3: 90% Design (PS&E)
The Consultant will address review comments on the 60% plans and develop construction documents to the 90%
design stage. These documents will consist of plans, specifications, a bid item list, an opinion of probable
construction cost, and an anticipated construction schedule.
Stormwater design effort under this section includes updates to the stormwater runoff model of the project site
using HydroCAD necessary to achieve 90% level design of stormwater conveyance and disposal facilities, as well
as the final stormwater report.
The 90% plan set shall include the following sheets:
Cover Sheet (1)
General Notes and Legend (1)
Site Prep Plan (2)
Grading and Erosion Control Plan (4)
Trail Typical Sections (1)
Trail layout (2)
Trail profile (2)
Stormwater Plans (3)
Stormwater Details (2)
Stormwater Treatment Layout (2)
Bridge layout (1)
Foundation Plan (1)
Abutment Layouts (2)
Abutment Details (2)
Superstructure Details (1)
Retaining Wall layout (4)
Retaining Wall details (2)
Trail Illumination Plans (2)
Trail Illumination Details (1)
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Construction Signing Plan (2)
Traffic Control Plan for Sylvester Street (2)
Traffic Control Plan for US395 (2)
Log of Test Borings (1)
Deliverables
90% Plans (1 electronic copy/PDF)
90% Specifications for the applicable technical disciplines (1 electronic copy/WORD)
90% Cost Estimates with 10% contingency (1 electronic copy/Excel)
Design & Check Calculations
Design & Check Quantity Calculations
Subtask 9.4: Final Design (PS&E)
After an independent senior engineer has conducted a QA/QC and constructability review and all comments on
the 90% plans have been incorporated, the Final PS&E package will be submitted to the City. Each sheet will be
electronically stamped and signed by the Engineer in Responsible Charge of the elements contained on the
specific sheet. The package will consist of plans, specifications, a bid item list, an opinion of probable construction
cost, and an anticipated construction schedule.
Additionally, Consor will complete the following:
Prepare final special provisions for nonstandard items shown on the plans and compile the project
specifications.
Compute quantities and prepare an engineer’s estimate of construction costs.
Submit Final Plans, Specifications, and estimate for review.
Develop Final stormwater report and incorporate comments, as appropriate, received during the 90%
design review meeting.
Submit Final Construction Schedule.
Address the City review comments regarding the plans, specs, and estimate.
Deliverables
Final Plans (1 electronic copy/PDF)
Final Specifications (1 electronic copy/WORD)
Final Cost Estimates (1 electronic copy/Excel)
Final Construction Schedule
Subtask 9.5: Quality Control/Quality Assurance
Consor will provide documented Quality Control/Quality Assurance on the drawings and calculations. This will
include an independent review of the complete PS&E package by a senior engineer.
Deliverables
QA/QC of PS&E package
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TASK 10. UTILITY COORDINATION
Subtask 10.1: Utility Coordination
· Identify all utilities within the project limits; obtain system mapping from utilities located within the
project limits. Review this mapping for consistency with the project base map.
· Coordinate utility-provided three-dimensional location information on select underground utilities
that may be in conflict with the project work and coordinate with the utility owners to resolve those
potential conflicts.
· Identify and discuss special requirements associated with each utility facility relocation, modification,
or extension.
· Distribute electronic copies (PDF) of the 60%, 90%, and Final plans to the utility companies for their
review and use.
· Submit a report summarizing the type of contact made with each utility, the status of work on each
utility relocation plan, and the anticipated completion date of each phase or activity.
Deliverables
· Utility Contact Lists & Coordination Summary Notes
· Existing utilities identified and included in survey base map
Subtask 10.2: Utility Coordination Meetings
· Prepare for and attend up to two meetings for strategizing and planning utility coordination and
relocations with the City and/or the Project Design Team
· Organize group/individual utility meetings as necessary to provide the latest overall project
information. Such meetings will address known facilities, potential for impact, timing requirements
for potential relocations, and initial information of reimbursable requirements. Meetings will also
allow the exchange of each utility’s relocation plans with the other utilities to maximize compatibility
of relocation designs and utility and project construction sequencing as needed. Organize up to four
meetings. Prepare and transmit meeting agendas and meeting minutes to all parties concerned.
Electronic copies (PDF) of the 60%, 90%, and Final plans will be provided to the utility companies for their review
and use.
Deliverables
· Meeting agenda and summary for two meetings
Subtask 10.3: Utility Conflict Identification, Analysis and Recommended Resolution
Identify and analyze utility conflicts, compile and distribute utility conflict lists involving aboveground, surface and
underground conflicts.
· Produce utility conflict plan sheets based on preliminary (~60%) design plans and accompanying
utility conflict spreadsheets indicating, but not limited to conflict item number, type of utility, conflict
status, average cover during and after construction, whether utility is in or out of public right-of-way,
and comments.
· Revise conflict analysis and conflict spreadsheets based on 60% and 90% design plans.
Deliverables
· 60% utility conflict analysis based on 60% plans within 20 days of 60% submittal.
· 90% utility conflict analysis based on 90% plans within 20 days of 90% submittal.
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Subtask 10.4: Utility Conflict Notification and Utility Relocations
Notify the impacted utilities and coordinate the efforts of the utility agencies in developing and executing a plan
for relocating utilities to resolve conflicts with the project design. As part of that effort:
· Prepare and deliver to each involved utility owner a Conflict Notice with attached conflict list and
map. Assume up to 4 different utility operators. Notice shall require a utility response in the form of a
proposed facility adjustment plan and schedule to complete the utility work. Allow each utility a 30-day
period to respond with a proposal from the date of the notice.
· Review utilities’ proposed relocation plans to verify that identified conflict items are addressed and that
the plans accommodate and conform to the construction requirements for the Project. Provide written
approval of each utility’s relocation plan. Up to four total reviews will be performed for the utilities’
relocation plans (average 1.5 per utility).
Deliverables
· Conflict notice letter and attachments for each utility.
· Review and comments on utility relocation plans.
TASK 11. TRAFFIC SIGNAL MODIFICATION ANALYSIS AND TRAIL ILLUMINATION DESIGN
(Note: this task was misnumbered as task 12 in the Phase I scope of work document. The correct task number is 11)
Subtask 11.1: Traffic Signal Modification Analysis
Apex will perform an evaluation of the intersection of Sylvester Street and Road 28 to establish if a right-turn lane
is necessary for the eastbound approach to maintain the level of service (LOS) that meets the City of Pasco
standards, LOS D or TSMP recommended LOS criteria.
Current year analysis: The evaluation would include collecting weekday traffic count data in the AM and PM peak
hours, traffic signal timing data, current lane configuration, and site visit to observe operation. The site visit would
confirm queueing output from the analysis. The LOS analysis will use the current version of Synchro and the
queueing analysis will use the current version of SimTraffic. The evaluation will include other criteria for right-turn
lanes such as City Design and Construction Standard and Specification for Public Improvements, the WSDOT
Design Manual, and AASHTO documents as necessary.
Future year analysis: If a right-turn-lane appears to be needed, future analysis will be prepared with Benton-
Franklin Council of Governments 2045 transportation model output put to estimate the length of queueing and
long-term storage needs.
Deliverables:
A traffic analysis memorandum to Consor that includes:
· LOS analysis with current lane configuration and signal timing for the typical weekday in both AM and PM
peak hours.
· Queueing analysis for the eastbound approach for the existing year and future years if a right turn lane
appears necessary.
· Right turn lane evaluation based on City, State and National criteria.
Subtask 11.2: Trail Illumination
Apex will prepare the pedestrian-level lighting design on Sylvester Street from Road 28 to the Sylvester Street
pedestrian bridge. Apex will provide photometric plan sheets to meet the IES RP-8-00 photometrics standards and
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meet City requirements for approval of the street plans. This will include identifying the current City or PUD
equipment standards and preparing photometric plan sheets. The design will establish pole midblock locations.
The lighting will be at pedestrian scale for the bicycle and pedestrian facility between the bridge and Road 28 on
the southside only. It will not extend onto the bridge or include the Sylvester / Road 28 intersection.
Assumptions
Lighting design will not extend onto the pedestrian bridge.
Lighting design will not include the Sylvester Street / Road 28 intersection.
Direct non-salary costs are associated with one site visit and 1 traffic count.
The schedule for completion of work is approximately 4 weeks for each of the 60%, 90% and 100% plans.
Deliverables
· Photometric plan sheets meeting IES and City standards
· Streetlight design plans with pole locations, circuit layout, and equipment details
TASK 12. PROJECT MANAGEMENT AND DESIGN ENGINEERING SERVICES DURING
CONSTRUCTION BIDDING
(Note: this task was misnumbered as task 13 in the Phase I scope of work document. The correct task number is 12)
Subtask 12.1: Pre Bid Opening Responsibilities
The Consultant shall respond to questions from prospective bidders and City staff before bid opening in reference
to the bid package.
Deliverables
Electronic responses to bidder inquiries, submittals, addenda, and RFIs
· Answer pre-bid questions
Subtask 12.2: Preliminary Record of Materials
The Consultant shall develop a preliminary record of materials that defines the bid items, acceptance codes
for the bid items, and standard specifications numbers.
Deliverables
· Preliminary Record of Materials
TASK 13. MANAGEMENT RESERVED FUNDS
This task is to cover any anticipated additional scope items for the project.
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July 23, 2025
Consor North America, Inc
888 SW 5th Ave, Suite 1170
Portland, OR 97204-2025
Subject: Acceptance FYE 2024 ICR – CPA Report
Dear Ashley Gillis:
We have accepted your firm’s FYE 2024 Indirect Cost Rate (ICR) of 193.46% of direct labor (rate
includes 0.25% Facilities Capital Cost of Money) based on the “Independent CPA Report”
prepared by Aldrich CPAs + Advisors LLP. This rate will be applicable for WSDOT Agreements
and Local Agency Contracts in Washington only. This rate may be subject to additional review if
considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: kb
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PROPOSED FEE ESTIMATE
Supplement #1
LABOR CLASSIFICATION (HOURS)
Principal Engineer
VI
Principal Engineer
III
Principal Engineer
I
Principal
Engineer II
Professional
Engineer VII
Professional
Engineer IX
Professional
Engineer VIII
Project
Manager III
Professional
Engineer V
Professional
Engineer VI
Engineering
Designer IV
Professional
Engineer IV
Project
Coordinator IV Administrative III Principal II
Project
Coordinator II Project Manager I Technician IV
Engineering
Designer II
Professional
Engineer VII
Construction
Manager X Hours Labor Overhead Fixed Fee Survey Geotech
Cultural
Resources
Environmental
Permits ROW Traffic Engineering
Subconsultant Total with
Markup Expenses Total
$118.85 $91.55 $86.37 $83.37 $74.83 $73.00 $72.19 $74.28 $64.32 $61.28 $59.61 $56.68 $47.14 $45.31 $94.16 $39.77 $49.53 $47.01 $37.70 $70.79 $103
$118.85 $91.55 $86.37 $83.37 $74.83 $73.00 $72.19 $74.28 $64.32 $61.28 $59.61 $56.68 $47.14 $45.31 $94.16 $39.77 $49.53 $47.01 $37.70 $70.79 $103
Task 1 -
PROJECT MANAGEMENT AND
ADMINISTRATION
Task 1.1 -
Contract Administration, Invoicing, and Progress
Reports 10 30 12 12 64 4,543$ 8,789$ 1,363$ -$ -$ 14,694$
Task 1.2 - Meetings 40 2 48 2 92 8,667$ 16,767$ 2,600$ -$ -$ 28,035$
Task 1.3 - Management, Coordination, and Direction 34 52 8 8 102 8,672$ 16,776$ 2,601$ -$ -$ 28,049$
Task 1.4 - Grant Application Support (Contingency)4 2 6 625$ 1,209$ 188$ -$ -$ 2,022$
Task 1 Subtotal 88 0 2 0 132 0 0 2 0 0 0 0 20 20 0 0 0 0 0 0 0 264 22,507$ 43,541$ 6,752$ -$ -$ -$ -$ -$ -$ -$ -$ 72,800$
Task 2 - SURVEYING AND PROJECT PHOTOS
Task 2.1 - Topographic Survey 0 -$ -$ -$ -$ -$ -$
Task 2.2 - Site Visits 8 8 951$ 1,839$ 285$ -$ -$ 3,075$
Task 2.3 - UAS 0 -$ -$ -$ -$ -$ -$
Task 2.4 - Project Photos 8 8 951$ 1,839$ 285$ -$ -$ 3,075$
Task 2 Subtotal 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 1,902$ 3,679$ 570$ -$ -$ -$ -$ -$ -$ -$ -$ 6,151$
Task 3 - GEOTECHNICAL ENGINEERING
Task 3.1 -
Geologic Map Review, Subsurface Exploration Work
Plan, and Site Reconnaissance 0 -$ -$ -$ 11,608$ 11,608$ -$ 11,608$
Task 3.2 - Subsurface Exploration 0 -$ -$ -$ 62,441$ 62,441$ -$ 62,441$
Task 3.3 - Soils Testing 0 -$ -$ -$ 9,344$ 9,344$ -$ 9,344$
Task 3.4 - Geotechnical Engineering Analysis 0 -$ -$ -$ 8,458$ 8,458$ -$ 8,458$
Task 3.5 - Geotechnical Report 0 -$ -$ -$ 12,681$ 12,681$ -$ 12,681$
Task 3.6 -
Hazardous Materials Discipline Report (CONTINGENCY
ALLOTMENT)0 -$ -$ -$ 10,337$ 10,337$ -$ 10,337$
Task 3 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ 114,869$ -$ -$ -$ -$ 114,869$ -$ 114,869$
Task 4 - CULTURAL RESOURCE INVESTIGATION
Task 4.1 - Cultural Resource Investigation 0 -$ -$ -$ -$ -$ -$
Task 4 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 5 -
DESIGN ASSUMPTION VALIDATION AND
ALTERNATIVES ANALYSIS
Task 5.1 - Alternatives Conceptual Design Plans 0 -$ -$ -$ -$ -$ -$
Task 5.2 - City of Pasco Coordination for Concept Approval 0 -$ -$ -$ -$ -$ -$
Task 5.3 - WSDOT Coordination for Concept Approval 0 -$ -$ -$ -$ -$ -$
Task 5 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 6 - ENVIRONMENTAL PERMITTING
Task 6.1 - SEPA Checklist 2 2 238$ 460$ 71$ 4,542$ 4,542$ -$ 5,311$
Task 6 Subtotal 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 238$ 460$ 71$ -$ -$ -$ 4,542$ -$ -$ 4,542$ -$ 5,311$
Task 7 - PUBLIC OUTREACH
Task 7.1 - Public Involvement/Virtual Open House 0 -$ -$ -$ -$ -$ -$
Task 7 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 8 - RIGHT-OF-WAY
Task 8.1 - Temporary Construction Easements 4 4 8 16 1,252$ 2,421$ 375$ -$ -$ 4,048$
Task 8.2 -
Right-Of-Way Acquisition Survey (CONTINGENCY
ALLOTMENT)8 8 951$ 1,839$ 285$ -$ 5,000$ 8,075$
Task 8.3 -
Right-Of-Way Acquisition (CONTINGENCY
ALLOTMENT)16 16 1,902$ 3,679$ 570$ -$ 10,000$ 16,151$
Task 8.4 -
Right-Of-Way Marking and Record of Survey (ROS)
(CONTINGENCY ALLOTMENT) 0 -$ -$ -$ -$ 10,000$ 10,000$
Task 8 Subtotal 28 0 0 0 4 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 40 4,104$ 7,940$ 1,231$ -$ -$ -$ -$ -$ -$ -$ 25,000$ 38,275$
Task 9 -
DESIGN ENGINEERING: PLANS,
SPECIFICATIONS, AND ESTIMATE (PS&E)
Task 9.1 - 30% Design (PS&E) 0 -$ -$ -$ -$ -$ -$
Task 9.2 - 60% Design (PS&E)8 16 16 40 40 80 28 60 140 40 468 28,075$ 54,314$ 8,422$ -$ -$ 90,811$
Task 9.3 - 90% Design (PS&E)8 16 16 24 32 60 40 60 76 32 60 424 26,686$ 51,627$ 8,006$ -$ -$ 86,319$
Task 9.4 - Final Design (PS&E)8 8 12 16 16 24 24 48 40 16 212 13,354$ 25,834$ 4,006$ -$ -$ 43,194$
Task 9.5 - Quality Control/Quality Assurance 40 40 3,662$ 7,085$ 1,099$ -$ -$ 11,845$
Task 9 Subtotal 24 40 40 44 80 0 88 0 164 92 168 0 0 0 0 0 0 256 88 60 0 1144 71,777$ 138,860$ 21,533$ -$ -$ -$ -$ -$ -$ -$ -$ 232,169$
Task 10 - UTILITY COORDINATION
Task 10.1 - Utility Coordination 4 12 16 972$ 1,881$ 292$ -$ -$ 3,145$
Task 10.2 - Utility Coordination Meetings 2 4 4 4 14 1,056$ 2,042$ 317$ -$ -$ 3,415$
Task 10.3 -
Utility Conflict Identification, Analysis and
Recommended Resolution 4 4 8 519$ 1,004$ 156$ -$ -$ 1,678$
Task 10.4 - Utility Conflict Notification and Utility Relocations 4 4 8 519$ 1,004$ 156$ -$ -$ 1,678$
Task 10 Subtotal 2 0 0 0 4 16 0 0 0 0 0 24 0 0 0 0 0 0 0 0 0 46 3,065$ 5,930$ 920$ -$ -$ -$ -$ -$ -$ -$ -$ 9,915$
Task 11 -
TRAFFIC SIGNAL MODIFICATION ANALYSIS
AND TRAIL ILLUMINATION DESIGN
Task 11.1 - Traffic Signal Modification Analysis 2 2 4 387$ 749$ 116$ 9,502$ 9,502$ -$ 10,755$
Task 11.2 - Trail Illumination Design 2 2 4 387$ 749$ 116$ 21,148$ 21,148$ -$ 22,401$
Task 11 Subtotal 4 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 775$ 1,499$ 232$ -$ -$ -$ -$ -$ 30,650$ 30,650$ -$ 33,156$
Task 12 -
PROJECT MANAGEMENT AND DESIGN
ENGINEERING SERVICES DURING
Task 12.1 - Pre Bid Opening Responsibilities 20 16 24 60 5,555$ 10,746$ 1,666$ -$ -$ 17,968$
Task 12.2 - Preliminary Record of Materials 40 40 4,135$ 7,999$ 1,240$ -$ -$ 13,374$
Task 12 Subtotal 20 0 16 0 24 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40 100 9,690$ 18,746$ 2,907$ -$ -$ -$ -$ -$ -$ -$ -$ 31,342$
Task 13 - MANAGEMENT RESERVED FUNDS 40,000$ -$ -$ 40,000$
TOTAL - ALL TASKS 184 40 58 44 248 16 88 2 164 92 176 24 20 20 0 0 0 256 88 60 40 1620 154,057$ 220,654$ 34,217$ -$ 114,869$ -$ 4,542$ -$ 30,650$ 150,061$ 25,000$ 583,989$
Average Billing Rate Estimated per Classification/Staff
Subconsultants
Page 1 Fee Est.
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September 5, 2025
PBS Engineering & Environmental, LLC
2101 Gaither Rd, Ste 500
Rockville, MD 20850
Subject: Acceptance FYE 2024 ICR – CPA Report
Dear Matt Hardesty:
We have accepted your firm’s FYE 2024 Indirect Cost Rate (ICR) of 185.64% of direct labor
(including FCCM of 0.56%) based on the “Independent CPA Report” prepared by Stambaugh
Ness. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in
Washington only. This rate may be subject to additional review if considered necessary by
WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: BJO
Page 173 of 188
LABOR CLASSIFICATION (HOURS)
Hours Labor
$99.00 $81.00 $58.00 $40.00 $47.00
Jeff Whitman John Manix PJ McKelvey Emmelie Schultheis Jenna Lundmark
Task #Traffic Engineering
Traffic Analysis 6.00 12.00 30.00 48.00 2,490.00$
Traffic Signal Modification Design (Future Phase) 0.00 0.00 0.00 0.00 -$
Streetlighting Photometeric Analysis 10.00 20.00 30.00 60.00 3,350.00$
Streetlighting Design 10.00 20.00 30.00 60.00 3,350.00$
Billing 5.00 5.00 235.00$
Task Task # Subtotal 26.00 0.00 52.00 90.00 5.00 0.00 0.00 173.00 9,425.00$
TOTAL - ALL TASKS 26.00 0.00 52.00 90.00 5.00 0.00 0.00 173.00 9,425.00$
Total Direct Salary Cost (DSC) 9,425.00$
Indirect Cost Rate (ICR) 185.64% 17,496.57$
Fixed Fee (FF) 30% 2,827.50$
Direct Non-Salary Cost 900.00$
Total Cost Plus Fixed Fee 30,649.07$
Staff Name
Engineer VIII Engineer VII Engineer IV Engineering Staff I
Average Billing Rate Estimated per Classification/Staff
AdminProject
Administrator IV
S
a;!*#SK';0(%!.
+ k+ku16#t11#1uob)ao1
Sylvester St Pedestrian Bridge Crossing
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Sylvester St Pedestrian Bridge Crossing
LABOR CLASSIFICATION (HOURS)
Hours Labor Overhead
Profit (Fixed
Fee)Expenses Total
$99.00 $81.00 $58.00 $40.00 $47.00
Brian Kelly Jenna Lundmark
Task #SEPA
SEPA Checklist Preparation 24.00 1.00 25.00 1,439.00$
0.00 -$
0.00 -$
0.00 -$
Task Task # Subtotal 0.00 0.00 24.00 0.00 1.00 0.00 0.00 25.00 1,439.00$ -$ -$ -$ -$
TOTAL - ALL TASKS 0.00 0.00 24.00 0.00 1.00 0.00 0.00 25.00 1,439.00$ -$ -$ -$ -$
Total Direct Salary Cost (DSC)1,439.00$
Indirect Cost Rate (ICR) 185.64%2,671.36$
Fixed Fee (FF)30%431.70$
Direct Non-Salary Cost -$ place holder form Apex Expenses tab
Total Cost Plus Fixed Fee 4,542.06$
Apex Companies
PROPOSED FEE ESTIMATE
Staff Name
Engineer VIII Engineer VII Engineer IV Engineering Staff I
Average Billing Rate Estimated per Classification/Staff
AdminProject
Administrator IV
Page 175 of 188
June 18, 2025
Geotechnical Resources, Inc
16520 SW Upper Boones Ferry Road, Suite 100
Tigard, OR 97224
Subject: Acceptance FYE 2024 ICR – CPA Report
Dear Adam Hope:
We have accepted your firm’s FYE 2024 Indirect Cost Rate (ICR) of 188.14% of direct labor (rate
includes 0.88% Facilities Capital Cost of Money) based on the “Independent CPA Report”
prepared by KCOE ISOM, LLP. This rate will be applicable for WSDOT Agreements and Local
Agency Contracts in Washington only. This rate may be subject to additional review if considered
necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: kb
Page 176 of 188
Project Name:City of Pasco Sylvester St Ped Overpass 3.5% 187.26%
Eff. 07/01/2025 100% 0.88%
0% 30.0%
0%
0%
1.00
**Rates below are based on a standard 30% profit but are negotiated contract by contract. Adjust as needed.
Staff Role/Title:
Staff Name:
Direct Salary Rate Max $ 105.06 $ 74.64 $ 67.31 $ 52.88 $ 44.60 $ 33.98 $ 35.86 $ 42.59 $ 42.00 $ 43.27
Bill Rate 334.24$ 237.46$ 214.14$ 168.23$ 141.89$ 108.10$ 114.09$ 135.50$ 133.62$ 137.66$
Task ID Task Description Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Total Hours Direct Labor Overhead Profit Total Labor Subconsultants
Direct
Expenses Lab Costs TOTALS
3.1 SEWP, Utilities, Project Management 6 17 - - 16 - - 4 4 4 - 51 3,124.28$ 5,878.02$ 937.28$ 9,939.58$ 1,358.50$ 309.50$ -$ 11,607.58$
3.1.1 Project Setup and Management 2 4 4 10 676.68$ 1,273.11$ 203.00$ 2,152.79$ -$ -$ -$ 2,152.79$
3.1.2 Subsurface Exploration Workplan and Permits 2 4 8 4 18 1,035.84$ 1,948.83$ 310.75$ 3,295.42$ 220.00$ -$ -$ 3,515.42$
3.1.3 Mark Exploration Locations and Utility Locates 1 8 9 431.44$ 811.71$ 129.43$ 1,372.58$ 1,138.50$ 309.50$ -$ 2,820.58$
3.1.4 Meetings (4 Meetings @ 1 hr/meeting)2 4 6 508.68$ 957.03$ 152.60$ 1,618.31$ -$ -$ -$ 1,618.31$
3.1.5 Monthly Progress Reports and Invoices 4 4 8 471.64$ 887.34$ 141.49$ 1,500.48$ -$ -$ -$ 1,500.48$
3.2 Subsurface Exploration 1 8 - - 79 - - - - - - 88 4,225.58$ 7,950.01$ 1,267.67$ 13,443.26$ 46,200.00$ 2,798.00$ -$ 62,441.26$
3.2.1 Boring & Test Pit Subcontractor 1 2 3 163.84$ 308.25$ 49.15$ 521.24$ 36,850.00$ -$ -$ 37,371.24$
3.2.2 Flagging Subcontractor 1 2 3 163.84$ 308.25$ 49.15$ 521.24$ 9,350.00$ -$ -$ 9,871.24$
3.2.3 GRI Field Time & Expenses 1 6 75 82 3,897.90$ 7,333.51$ 1,169.37$ 12,400.78$ -$ 2,798.00$ -$ 15,198.78$
3.3 Soils Testing - 4 - - 9 - - - - - - 13 699.96$ 1,316.90$ 209.99$ 2,226.85$ -$ -$ 7,117.00$ 9,343.85$
3.3.1 Laboratory Testing 1 3 4 208.44$ 392.16$ 62.53$ 663.13$ -$ -$ 7,117.00$ 7,780.13$
3.3.2 Boring/Test Pit Logs 3 6 9 491.52$ 924.75$ 147.46$ 1,563.72$ -$ -$ -$ 1,563.72$
3.4 Geotechnical Engineering Analysis 6 10 - 4 24 - - - - - - 44 2,658.68$ 5,002.04$ 797.60$ 8,458.32$ -$ -$ -$ 8,458.32$
3.4.1 Geotechnical Analysis and Design 4 10 20 34 2,058.64$ 3,873.13$ 617.59$ 6,549.36$ -$ -$ -$ 6,549.36$
3.4.2 Pavement Analysis and Design 2 4 4 10 600.04$ 1,128.92$ 180.01$ 1,908.97$ -$ -$ -$ 1,908.97$
3.5 Geotechnical Report 8 16 - - 34 - 5 6 - - - 117 3,985.96$ 7,499.19$ 1,195.79$ 12,680.93$ -$ -$ -$ 12,680.93$
3.5.1 Draft Report 6 12 28 4 4 54 3,088.64$ 5,810.97$ 926.59$ 9,826.20$ -$ -$ -$ 9,826.20$
3.5.2 Final Report 2 4 6 1 2 15 897.32$ 1,688.22$ 269.20$ 2,854.73$ -$ -$ -$ 2,854.73$
C.1 Hazardous Materials Discipline Report (CONTINGENCY)2 - 24 - 16 - 2 4 - - - 48 2,781.24$ 5,232.62$ 834.37$ 8,848.24$ 880.00$ 609.00$ -$ 10,337.24$
3.6.1 HMDR 2 24 16 2 4 48 2,781.24$ 5,232.62$ 834.37$ 8,848.24$ 880.00$ 609.00$ -$ 10,337.24$
Tasks Summary of Hours 23 55 24 4 178 - 7 14 4 4 - 313 17,475.70$ 32,878.78$ 5,242.71$ 55,597.19$ 48,438.50$ 3,716.50$ 7,117.00$ 114,869.19$
Recommended Project Budget:114,900.00$
Engineering
Assistant CAD Operator Technical
Editor
Administrative
Assistant
Project
Accountant OpenSenior
Engr/Geol
Project
Engr/Geol
Engr/Geol
Staff
Accepted Overhead
FCCM
**Negotiated Profit
Annual Escalation Rate
% of budget through June 2025
% of budget through June 2026
% of budget through June 2027
% of budget through June 2028
Weighted Escalation Factor
Principal Associate
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Pasco City Council
October 14, 2025
Workshop
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Resolution – Professional
Services Agreement with Consor
North America, Inc. for the
Sylvester Street Overpass
Pedestrian/Bicycle Access
Project
October 14, 2025
Pasco City Council
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01 Overview
02 Bridge Alternative Analysis
03 Professional Services Agreement
(PSA)
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Sylvester Street Overpass Pedestrian/ Bicycle
Access Project – 01 Overview
Project Scope
• Curb ramps
• Sidewalk
• Shared-use
path/trail
• Bridge (part of
shared-use path)
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Sylvester Street Overpass Pedestrian/ Bicycle
Access Project – 02 Bridge Alternative Analysis
Two bridges types were analyzed:
1) Multi-span precast
prestressed concrete ($4.5M)
2) Single-span prefabricated
steel truss bridge ($4.4M)
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Sylvester Street Overpass Pedestrian/ Bicycle
Access Project – 02 Bridge Alternative Analysis
Single-span prefabricated steel truss bridge ($4.4M) was
recommended for:
1.No intermediate pier is required.
2.Faster, less disruptive construction.
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Sylvester Street Overpass Pedestrian/ Bicycle
Access Project – 03 PSA
Supplement to PSA
The supplement will add the following:
◦Additional scope for project management and administration
◦Additional scope for geotechnical engineering
◦Environmental Permitting
◦Right-of-way (as needed)
◦60%, 90%, Final design
◦Utility Coordination
◦Traffic Signal Modification Analysis and Trail Illumination Design
◦Project Management and Bidding Support
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Sylvester Street Overpass Pedestrian/ Bicycle
Access Project – 03 PSA
Staff recommends approval of change in fee for additional design services by Consor
North America, Inc. Increasing the PSA fee amount by $583,988.36.
PSA with Consor North America, Inc
$364,568.68Original PSA
$583,988.36PSA Supplement 1
$948,557.04TOTAL
Revenue
$373,000.002023-25 Connecting
Communities Pilot Program
(State)
$3,357,000.002023-25 Pedestrian & Bicycle
Safety Program (State)
$80,000.00Fund 120 – Arterial (local)
$2,270,000.00Unsecured Grant*
$6,080,000.00TOTAL
Planned Expenditures
$1,100,000.00Preliminary Engineering (PE)
Not anticipated.Right-of-Way (ROW)
$4,980,000.00Construction (CN)*
$6,080,000.00TOTAL
*We will be applying for additional grant funds for the construction of the bridge. This amount is
subject to change as the design of the bridge is finalized.
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Questions?
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Promote a high-quality of life through quality programs, services and
appropriate investment and re- investment in community
infrastructure.
City Council Goals
QUALITY OF LIFE
2024-2025
Enhance the long-term viability, value, and service levels of services
and programs.
FINANCIAL SUSTAINABILITY
Promote a highly functional multi-modal transportation system.
COMMUNITY TRANSPORTATION NETWORK
Implement targeted strategies to reduce crime through strategic
investments in infrastructure, staffing, and equipment.
COMMUNITY SAFETY
Promote and encourage economic vitality.
ECONOMIC VITALITY
Identify opportunities to enhance City of Pasco identity, cohesion,
and image.
CITY IDENTITY
Page 187 of 188
METAS DEL CONCEJO MUNICIPAL
2024-2025
Promover una alta calidad de vida a través de programas, servicios
y inversion apropiada y reinversión en la comunidad infraestructura
comunitaria.
CALIDAD DE VIDA
Promover viabilidad financiera a largo plazo, valor, y niveles de
calidad de los servicios y programas.
SOSTENIBIILIDAD FINANCIERA
Promover un sistema de transporte multimodal altamente funcional.
RED DE TRANSPORTE DE LA COMUNIDAD
Implementar estrategias específicas para reducir la delincuencia por
medios de inversiones estratégicas en infraestructura, personal y equipo.
SEGURIDAD DE NUESTRA COMUNIDAD
Promover y fomentar vitalidad económica.
VITALIDAD ECONOMICA
Identificar oportunidades para mejorar la identidad comunitaria, la
cohesión, y la imagen.
IDENTIDAD COMUNITARIA
Page 188 of 188