HomeMy WebLinkAbout2021.07.19 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, July 19, 2021
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Governor Inslee's
Heathy Washington - Roadmap to Recovery, Phase 3 made in response to
the COVID-19 emergency, currently allows for partial "in-person" meetings.
Members of the public wishing to attend City Council meetings in-person will
need to follow the Governor's protocol outlined in Proclamation No. 20-28.15.
Individuals, who would like to provide public comment remotely, may continue
to do so by filling out the online form via the City’s website (www.pasco-
wa.gov/publiccomment) to obtain access information to comment. Requests
to comment in meetings must be received by 4:00 p.m. on the day of each
meeting.
To listen to the meeting via phone, call (562) 247-8422 and use access code
465-398-545.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council members
or the public, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
5 - 19 (a) Approval of Meeting Minutes
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To approve the minutes of the Pasco City Council Meeting held on July
6, 2021 and Special Meeting & Workshop held on July 12, 2021.
20 - 22 (b) Bills and Communications
To approve claims in the total amount of $5,726,969.61 ($3,938,036.05
in Check Nos. 242640-242881; $844,075.55 in Electronic Transfer
Nos. 832473-832475, 832477-832482, 832576; $28,670.32 in Check
Nos. 53627-53664; $916,187.69 in Electronic Transfer Nos.
30162927-30163457).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non -
criminal, criminal, and parking) accounts receivable in the total amount
of $141,052.99 and, of that amount, authorize $0.00 to be turned over
for collection.
23 - 35 (c) Resolution - Sole Source Approval - Citywide Traffic Signal
Improvements Phase Two Project
MOTION: I move to approve Resolution No. 4077, waiving the
competitive bidding requirements and approving specifications
requiring specific sole sourced components of the traffic signal system
for the Traffic Signal Improvements City-Wide Phase Two Project.
36 - 71 (d) Resolution - $5M Drinking Water State Revolving Fund Loan -
West Pasco Water Treatment Plant (WPWTP) Expansion Project,
Phase 1
MOTION: I move to approve Resolution No. 4078, authorizing
execution of a $5 Million dollar loan agreement with the Washington
State Department of Health (WSDOH) for the West Pasco Water
Treatment Plant (WPWTP) Expansion Phase One project.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have acces s to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
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7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
72 - 104 (a) Public Meeting & Resolution - Accepting a Notice of Intent to
Commence Annexation Proceedings (ANX 2021-003)
CONDUCT A PUBLIC MEETING
MOTION:I move the City Council approve Resolution No. 4079,
accepting a notice of intent to commence annexation proceedings for
the Olberding & Farm 2005 annexation, providing a determination on
the boundary to be annexed, and whether simultaneous zoning and
the assumption of bonded indebtedness will be required.
105 - 132 (b) *Resolution - Professional Services Agreement with RH2
Engineering for Process Water Reuse Facility (PWRF)
Pretreatment Improvements - Phase 1: Potable Water & Electrical
Improvements
MOTION: I move to approve Resolution No. 4080, authorizing
execution of the Professional Services Agreement (PSA) by the City
Manager with RH2 Engineering for the Process Water Reuse Facility
(PWRF) Improvements Project – Phase 1: Potable Water & Electrical
Improvements project.
10. UNFINISHED BUSINESS
133 - 163 (a) Danilyuk Short Plat Sewer Service Requirement Appeal (APPL
2021-001) Continued from June 21, 2021 Council Meeting
CONTINUE THE APPEAL HEARING
MOTION: I move to deny the sewer waiver appeal based on the
application's failure to meet the standard requirements found in the
Pasco Municipal Code Chapter 16.15.
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
14. ADJOURNMENT
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15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
164 - 169 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Monday, July 19, 6:00 PM: LEOFF Disability Board – City
Hall Conference Room 1, Pasco City Hall (MAYOR SAUL
MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS,
Alt.)
• Tuesday, July 20, 4:00 PM: Pasco Public Facilities District
Board Meeting – Council Chambers, Pasco City Hall
(COUNCILMEMBER CRAIG MALONEY, Rep.;
COUNCILMEMBER DAVID MILNE, Alt.)
• Thursday, July 22, 4:00 PM: TRIDEC Board Meeting – 7130
W. Grandridge Blvd., Kennewick (COUNCILMEMBER
DAVID MILNE, Rep.; COUNCILMEMBER CRAIG MALONEY.
Alt.)
• Thursday, July 22, 5:30 PM: Benton Franklin Community
Action Connections Board Meeting – 720 Court Street,
Pasco (COUNCILMEMBER ZAHRA ROACH, Rep.; MAYOR
SAUL MARTINEZ, Alt.)
• Monday, July 26, 4:00 PM: Hanford Area Economic
Investment Fund Advisory Committee Meeting – Ben
Franklin Transit Main Conference Room
(COUNCILMEMBER PETE SERRANO, Rep.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
Page 4 of 169
AGENDA REPORT
FOR: City Council July 14, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 7/19/21
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
7.6.21 & 7.12.21 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Coun cil Meeting held on July 6, 2021
and Special Meeting & Workshop held on July 12, 2021.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 169
MINUTES
City Council Regular Meeting
7:00 PM - Tuesday, July 6, 2021
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Councilmember Serrano.
ROLL CALL
Councilmembers present: Ruben Alvarado, Craig Maloney, David Milne,
Zahra Roach, and Pete Serrano.
Absent: Saul Martinez and Blanche Barajas.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach
Ratkai, Administrative & Community Services Director; Ken Roske, Police
Chief; Richa Sigdel, Finance Director; Rick White, Community &
Economic Development Director; and Krystle Shanks, Deputy City Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on June
21, 2021, as well as a Special Meeting and Workshop held on June 28,
2021.
Bills and Communications
To approve claims in the total amount of $3,421,689.70 ($1,895,446.48
in Check Nos. 242420-242639; $673,862.68 in Electronic Transfer Nos.
832115-832153, 832158-832167, 832176-832194, 832197-832202,
832206-832235, 832239-832262, 832272-832284, 832286-832337,
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832339-832343, 832345-832393; $10,409.41 in Check Nos. 53616 -
53626; $841,971.13 in Electronic Transfer Nos. 30162405 -30162926).
Appointment to Franklin County Mosquito Control District Board of
Trustees
To confirm Mayor Martinez's appointment of Steven Boothe to represent
the City of Pasco on the Franklin County Mosquito Control Di strict Board
of Trustees through December 31, 2021.
MOTION: Mr. Maloney moved to approve the Consent Agenda as read.
Mr. Alvarado seconded. Motion carried unanimously by Roll Call vote.
VISITORS - OTHER THAN AGENDA ITEMS
Cynthia Muse, Pasco and Franklin County resident and business owner,
addressed concerns regarding the enforcement of the Shoreline
Comprehensive Plan and County Comprehensive Plan. She added that
public access to the shorelines was important to all residen ts and not just
for private property owners.
Robert Carosino, Pasco resident, signed up to speak prior to the meeting
via GoToWebinar. When called upon by Councilmember Serrano, Mr.
Carosino was unavailable; however, later in the meeting (at 7:55 PM) M r.
Carosino was available and given the opportunity to speak. He addressed
two main concerns: (1) Traffic congestion and, (2) The need for
Councilmembers to preserve public access of the shoreline on the west
side of the City of Pasco, as well as areas tha t will be annexed into the
City in the future.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Maloney reported on the Pasco Public Facilities District Board
meeting held earlier in the day. He stated that the Boar d will present on
the Aquatic Facility proposal at the next Council workshop meeting.
Mr. Serrano wished everyone a happy Independence Day and personally
thanked the first responders for their willingness to serve the community.
General Fund Monthly Report - May 2021
Finance Director Sigdel provided a brief report related to the City 's
General Fund.
Brief discussion ensued between Mr. Maloney and Ms. Sigdel clarifying
the numbers in the report.
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HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Hearing - Tverdokhleb Street Vacation: Portion of Road 97
Mr. White provided a brief history on the proposed vacation of a portion
of Road 97 and explained that the public hearing was continued from the
June 7, 2021 Council meeting.
Mr. Serrano declared the Public Hearing open to consider the proposed
street vacation of a portion of Road 97. Following three calls for
comments, and there being none, Mr. Serrano declared the Public
Hearing closed.
MOTION: Mr. Maloney moved to deny the vacation request of the south
329.29 feet of Road 97 located south of the Moon lite Acres Subdivision.
Mr. Milne seconded. The motion carried unanimously.
UNFINISHED BUSINESS
Resolution - American Rescue Plan Act (ARPA) Funds Business
Support Program with Pasco Chamber of Commerce
Finance Director Sigdel provided a brief overview related to the American
Rescue Plan Act (ARPA) Funds Business Support program with the
Pasco Chamber of Commerce. Three aspects of the program include:
creating a Business Assistance Grant, a Business Educ ation Program
and a Business Portal as a source for additional resources and a portal
for local businesses to utilize.
Mr. Maloney appreciated that the program included business assistance
along with funding. He discussed the eligibility requirements an d asked
why the definitions for eligibility, which included small businesses and
non -profits, were more broad than the requirements were for the CARES
Act funding, and if the scope was being narrowed enough.
Ms. Sigdel answered that the intent was to be broad, and as more
information is received the definitions could be refined. Further discussion
ensued regarding the allocations, sources of funding and eligibility
requirements.
Mr. Maloney asked if part o f the business assistance program included
navigating people through the process, to include directing them to other
funding sources that may be better suited for them, or in addition to what
the City can provide.
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Ms. Sigdel replied that the City is seek ing a position internally that would
be a "navigator." This person would help businesses for City related
activities and also share the other resources available to them locally,
statewide and federally.
Mr. Maloney stated that it would be important for the person in that
position to be tied into this program to provide one place for people to go
since they have limited time and resources to apply with multiple
agencies. He expressed support for this program.
Ms. Roach commented on the criticism re ceived with the utilization of
funds from the CARES Act and the capacity of staffing with the agencies
who distributed those funds. She stated that she had confidence in the
Pasco Chamber of Commerce (Chamber) and knows that the City and
the Chamber have a good working relationship but asked if the Chamber
had the capacity to fulfill the role and run the program.
Ms. Sigdel was confident that the Chamber has the resources to manage
the grant because they were able to do so recently on a similar scale for
Franklin County. As for the business education program, further
discussion and preparation of the requirements for that program need to
be flushed out.
Mr. Zabell explained the differences between the review, distribution and
use of CARES Act funding and ARPA funding.
Mr. Alvarado asked if Council would be provided reports of the
percentages of staff time allocated for management versus allocation for
actual services provided.
Ms. Sigdel explained federal government overhead rates and explained
that for this grant funding there is not a limit for an administrative costs.
Mr. Alvarado replied that he would like to see monitoring to check
efficiency of the grant funds.
Ms. Sigdel addressed Mr. Alvarado's concerns and stated, that within the
contract, the costs would be broken down into program areas because
the costs vary depending on the program.
Mr. Alvarado expressed appreciation for the efforts staff has put into this
funding program.
Ms. Roach added that she would be interested in seeing metrics applied
to the Pasco Chamber of Commerce and report back to staff on how the
funds are being used, how many people were served and how
successfully they were served.
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Mr. Serrano expressed appreciation for the discussion on the program to
ensure good stewardship of the funds, timeliness of response and how
the funds are protected. He expressed confidence with the Pasco
Chamber of Commerce staff.
MOTION: Mr. Maloney moved to approve Resolution No. 4075, approving
an agreement with the Greater Pasco Area Chamber of Commerce, a
Washington Non -Profit Corporation, for the Business Support Program
with American Rescue Plan Act funds. Ms. Roach seconded. The m otion
carried unanimously.
American Rescue Plan Act (ARPA) Funds Utility Assistance
Program with Franklin Public Utility District
Finance Director Sigdel provided a brief overview related to the American
Rescue Plan Act (ARPA) Funds Utility Assistance program with the
Franklin Public Utility District (Franklin PUD). She explained that there is
a large overlap between the City of Pasco's and Franklin PUD's customer
base; therefore, it did not make sense to have two (2) separate programs.
Ms. Sigdel also discussed how the program would work.
Council and staff discussion regarding the ARPA funds used in a Utility
Assistance program ensued.
Ms. Roach asked for clarifying information on the funding amount staff
proposed.
Ms. Sigdel answered that the amount covers 3-5 months of utility service
depending on a normal month.
Mr. Maloney requested more information on how the credits would work.
He supported the program otherwise and added that he would like to
ensure the funds were allocated fairly and eq uitable to all applicants.
Additional, he asked if the Franklin PUD was the only electric utility
provider for Pasco residents.
Mr. Zabell answered that a small number of Pasco's population were
customers of Big Bend Electric.
Mr. Maloney recommended f inding a way to allocate a portion of funds to
those customers.
Ms. Sigdel stated that staff would look into Mr. Maloney's suggestion.
Mr. Alvarado commented on how applicants might apply to multiple
sources for assistance of similar use and was interested in the measures
that would be put in place to protect the potential misuse of funds.
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Ms. Sigdel replied that measures will be in pla ce requesting applicants to
certify that they have not received the same assistance from other state
or federal agencies. In the event of an audit, it would then be the burden
of the applicant to provide that proof.
Ms. Roach requested clearer language that would help the common
customer understand who would qualify for the program.
Mr. Serrano asked staff to check if prospective credits would be
considered gifting of public funds. He also asked for a clearer definition
on "effected" or "impacted" individuals.
Ms. Sigdel thanked Council for their discussion and she would bring this
item back for Council approval as soon as possible.
NEW BUSINESS
Ordinance - Jankelson/Rd. 68 Joint Venture Rezone (Z 2021 -005)
Mr. White provided a brief history on th e proposed rezone of the property
located on Road 68 near the corner of Argent Road.
Ms. Roach and Mr. Maloney both addressed questions relating to traffic
and Mr. White responded that an entrance to the development would not
come from Road 68.
MOTION: Mr. Maloney moved to adopt Ordinance No. 4541, rezoning a
portion of the southeast 1/4 of the southeast 1/4 of Section 16, Township
9 North, Range 29 east, W.M. (Parcel No. 117 -642-072) from C -1 and
RS-12 to R -4, and further, authorize publication by summary only. Ms.
Roach seconded. The motion carried unanimously.
MISCELLANEOUS DISCUS SION
City Manager Zabell asked Administrative & Community Services Director
Ratkai, Police Chief Roske and Fire Chief Gear to provide brief reports
regarding the events of the 4th of July holiday.
Chief Roske stated that the Pasco Police Department (Pas co PD) had a
relatively active but normal 4th of July in terms of calls. All reports were
of very patriotic crowds and the town celebrated appropriately. Over the
three-day weekend, Pasco PD officers responded to over 900 calls for
service with 200 calls f or service for fireworks related incidents, though
not all calls for service related to fireworks were for illegal fireworks. The
Pasco PD had created a fireworks educational task force and issued 23
actual violations. Overall, the Pasco PD officers stated it was a good
weekend.
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Chief Gear provided a brief PowerPoint presentation, which included a
comparison of July 4th incidents and firework sales over the past years.
The Pasco Fire Department provided mutual aid to other agencies this
year and did not ha ve the need to receive any aid from other fire districts.
Chief Gear explained that calls for service have been increasing by 10%
as a whole but not necessarily for firework related incidents.
Mr. Ratkai provided an overview of the numerous events offered during
the Grand Old 4th of July including: the First Annual Patriotic Bike Ride,
the Cardboard Rigada at Memorial Pool, the Kiwanis Brunch, the Camp
Patriot Car Show, the Partiotic Luminaire B ags, the Virtual Camp Patriot
Fun Run, the Jet City Motocross and the annual fireworks at the GESA
Stadium. Overall, the events were well attended and a success.
Mr. Zabell addressed some of the topics discussed regarding the ARPA
funds. He stated that th ere are other non -profits that may help distributing
ARPA funds; however, keeping with Council's urgency on the matter, the
Pasco Chamber of Commerce has proven themselves due to their recent
work with Franklin County. Staff believes the Pasco Chamber will be
successful in the first round of funds and staff will likely provide a more
formal process when proceeding with other programs.
Mr. Alvarado addressed the concerns of the visitors who spoke earlier in
the evening and would like to connect them with the consultant, MIG, who
are working on the Parks & Recreation Master Plan and he was interested
in hearing further conversation.
Mr. Zabell noted that along those lines, the Parks & Recreation Master
Plan was underway along with the Broadmoor Master Plan, which
addresses some of the concerns discussed earlier in the public comment
section of the meeting. Mr. Zabell also commented on some of the details
of those plans.
Mr. Maloney asked if the permitting and planning process is when the
access to riverfron t properties would be addressed.
Mr. White replied that to the best of his understanding the two visitors that
spoke earlier in the meeting were referring to the FCID property west of
Court Street, which has been subdivided in conformance with the
Compreh ensive Plan. However, both the Broadmoor Master Plan and
Parks & Recreation Master Plan will address future opportunities
regarding the requires of neighborhood park land and/or community park
land.
Mr. Maloney encouraged incorporating Council input reg arding the
options for park space and public access and was interested in hearing
the options.
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Ms. Roach expressed support of Mr. Maloney's comment.
Mr. Serrano added that if the FCID property seems to be of value to the
City and the auction is in two we eks, he would be willing to convene on
that discussion, in an executive session, within the next week.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:22 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Krystle Shanks, Deputy City Clerk
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MINUTES
City Council Special Meeting
7:00 PM - Monday, July 12, 2021
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Adam Lincoln, Deputy City Manager; Colleen Chapin,
Human Resources Director; Eric Ferguson, City Attorney; Zach Ratkai,
Administrative & Community Services Director; Richa Sigdel, Finance
Director; Rick White, Community & Economic Development Director;
Steve Worley, Public Works Director; and Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Resolution - American Rescue Plan Act (ARPA) Funds Utility
Assistance Program with Franklin Public Utility District (PUD)
Ms. Sigdel provided a brief overview of the proposed funding agreement
with the Franklin PUD for $1 million to help City of Pasco residents in
need of utility payment assistance.
Mr. Maloney asked for a financial report to track the expenditures with
the ARPA funding.
Mr. Serrano asked for additional clarity related to those utility rate
payers who may be qualified to receive the $200 credit; it is for those
rate payers who have paid their utility bills but have suffered financially
in other ways due to the COVID-19 pandemic. He also suggested that a
list of possible additional resources within the community be provided to
those individuals.
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MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4076, approving an agreement with the Public Utility District No. 1 of
Franklin County for the Utility Assistance Program with American
Rescue Plan Act funds. Mr. Maloney seconded. Motion carried
unanimously.
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:12 PM.
PASSED AND APPROVED this ____ day of ________________,
20___.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
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MINUTES
City Council Workshop Meeting
7:00 PM - Monday, July 12, 2021
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:12 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Adam Lincoln, Deputy City Manager; Colleen Chapin,
Human Resources Director; Eric Ferguson, City Attorney; Zach Ratkai,
Administrative & Community Services Director; Richa Sigdel, Finance
Director; Rick White, Community & Economic Development Director;
Steve Worley, Public Works Director; and Debby Barham, City Clerk.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Alvarado commented on the Ben Franklin Transit meeting he recently
attended.
Mayor Martinez expressed thanks to Mr. Serrano for running the July 6,
2021 Council meeting while he was at the Tri-Cities Dust Devils baseball
game, where he threw the first pitch. He also expressed appreciation to
the Tri-Cities Dust Devils Management staff as well.
ITEMS FOR DISCUSSION
Pasco Public Facilities District (PPFD) - Aquatic Center Update
Mr. Ratkai explained that Pasco Public Facilities District (PPFD) Board
President Mark Morrissette was unable to attend the workshop.
Therefore, Mr. Ratkai provided an update on the status of the proposed
Aquatic Center that the PPFD Board is considering including a brief
history of the PPFD activities from 2013 forward, description of an aquatic
recreational facility in two (2) phases, facility amenities, an overview of
Page 1 of 4Page 16 of 169
the 2021 financial analysis, and lastly, the potential costs and financing of
the facility.
Mr. Maloney expressed support for the proposed Aquatic Center and
reiterated that the PPFD Board was posed well to run a successful ballot
issue and will be financially viable to build an aquatic facility within Pasco.
Mr. Alvarado asked if the PPFD Board had discussed if and how all of the
community members would be able to access the facility.
Mr. Maloney recalled that the feasibility study indicated a day pass to the
Aquatic Center would likely be under $10 for an adult; however, he would
like to defer to staff for a final fee amount.
Mayor Martinez expressed support for the proposed Aquatic Center.
Mr. Milne asked if there has been any discussion on a potential negative
impact for automobile dealers and other high ticket sales within Pasco
related to the two-tenths of one-percent added tax. No one had heard of
any concerns as of yet.
Mr. Serrano asked if there was a possibility to move up the construction
of Phase 2 sooner than currently scheduled 12 to 15 years.
Mr. Ferguson stated that the PPFD Board resolution was delayed for a
few weeks and will come back to Council for approval at a future date that
still needs to be determined.
Resolution - Sun Willows Golf Course Ground Lease with CourseCo
Mr. Ratkai provided status of the proposed 20 -year Sun Willows Golf
Course Ground Lease with CourseCo.
Council and staff further discussed the proposed ground lease with
CourseCo for the Sun Willows Golf Course. City and CourseCo staff still
has some items to finalize and when those items are agreed to, the final
proposed agreement will come back to Council for consideration and
approval.
Resolution - Accepting a Notice of Intent to Commence Annexation
Proceedings (ANX 2021-003)
Mr. White provided an overview of the notice of intent to annex
approximately 600 acres of land into the City of Pasco. He also noted that
this is a combination of three (3) requests to annex property into one
annexation proposal.
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Council and staff briefly discussed the properties within the proposed
annexation request.
Resolution - $5M Drinking Water State Revolving Fund Loan - West
Pasco Water Treatment Plant (WPWTP) Expansion Project, Phase 1
Mr. Worley introduced Capital Improvements Program Manager Maria
Serra who provided a brief report related to a Drinking Water State
Revolving Fund Loan for the West Pasco Water Treatment Plant for the
first phase of its expansion.
Resolution - Sole Source Approval - Citywide Traffic Signal
Improvements Phase Two Project
Mr. Worley noted that the first phase of the Citywide Traffic Signal
Improvements project has already been completed. Next, he introduced
HLA Engineering & Land Surveying, Inc. Consultant Michael Uhlman who
presented the second phase of the Citywide Traffic Signal Improvements
project.
Council, staff and the consultant further discussed the proposed Phase 2
of the Citywide Traffic Signal project.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Lincoln noted that both Fire Chief Gear and Deputy Chief Reid are
currently in Yakima County, WA helping in incident command to fight a
fire currently burning in that area. He also announced League of Women
Voters forum for the candidates running for City of Pasco's Council
position No. 3 and candidates for the Pasco School District will be
available starting on Tuesday, July 13 on the City of Pasco's social media
websites.
Mr. Maloney suggested that Council form a subcommittee to meet with
the City's IS staff regarding the security measures in place to avoid
ransomware attacks. Mr. Worley stated that was a good idea and noted
that the City's IS staff has strong security protocols in place to protect the
City against ransomware and other cyber attacks.
Mayor Martinez expressed appreciation to City staff for the activities and
enforcement provided within Pasco during the Grand Old 4th of July
events.
EXECUTIVE SESSION
After a short break, Council adjourned into Executive Session at 8:21 PM
for approximately 30 minutes to consider acquisition of real estate per
RCW 42.30.110(b) and establish the sales price or lease amount of real
Page 3 of 4Page 18 of 169
estate per RCW 42.30.110(c), as well as to discuss enforcement actions
with Legal Counsel Per RCW 42.30.110(i) with the Deputy City Manager
and the City Attorney.
Mayor Martinez called the meeting back to order at 8:51 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:51 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 4 of 4Page 19 of 169
AGENDA REPORT
FOR: City Council July 15, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 7/19/21
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 07.19.21
Bad Debt Write-off/Collection for June 2021
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $5,726,969.61 ($3,938,036.05 in Check
Nos. 242640-242881; $844,075.55 in Electronic Transfer Nos. 832473-832475,
832477-832482, 832576; $28,670.32 in Check Nos. 53627-53664; $916,187.69
in Electronic Transfer Nos. 30162927-30163457).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal,
and parking) accounts receivable in the total amount of $141,052.99 and, of that
amount, authorize $0.00 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 20 of 169
REPORTING PERIOD:
July 19, 2021
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 242640-242881 53627-53664
Total Check Amount $3,938,036.05 $28,670.32 Total Checks 3,966,706.37$
Electronic Transfer Numbers 832473-832475 30162927-30163457
832477-832482
832576
Total EFT Amount $844,075.55 $916,187.69 $0.00 Total EFTs 1,760,263.24$
Grand Total 5,726,969.61$
Councilmember
855,642.52
19,275.94
0.00
0.00
1,542.04
0.00
734.27
35,930.68
5,110.69
3,222.36
23,518.11
345.59
221.33
0.00
1,356.66
34,869.70
0.00
627.00
15,013.23
0.00
957.63
0.00
HOTEL/MOTEL EXCISE TAX 0.00
0.00
1,091,954.05
1,621,618.44
47,508.93
9,265.07
177,894.16
0.00
220,879.18
POOLED INVESTMENT 0.00
0.00
2,928.29
1,556,553.74
GRAND TOTAL ALL FUNDS:5,726,969.61$
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
OLD FIRE OPEB
FLEX
PAYROLL CLEARING
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
SCHOOL IMPACT FEES
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
19th day of July, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment:
July 1 - July 14, 2021
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 21 of 169
BAD DEBT WRITE-OFF/COLLECTION
June 1, - June 30, 2021
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 76.82 0.00 76.82
Ambulance $ 140,976.17 0.00 140,976.17
Court A/R $ .00 .00 .00
Code Enforcement $ .00 .00 .00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 141,052.99 .00 141,052.99
Page 22 of 169
AGENDA REPORT
FOR: City Council July 13, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 7/19/21
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Sole Source Approval - Citywide Traffic Signal Improvements
Phase Two Project
I. REFERENCE(S):
Resolution
Sole Source Approvals
1. Polara Navigator 2-Wire Push Button Station
2. Cobalt 2100 NEMA Traffic Controller with Cobalt Software
3. System and Radar and Detecting Vector Vantage Iteris Video
Accessories
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, waiving the competitive
bidding sole specific requiring and approving requirements specifications
sourced components of the traffic signal system for the Traffic Signal
Improvements City-Wide Phase Two Project.
III. FISCAL IMPACT:
The project is funded by three grants; Highway Infrastructure Program (HIP),
Surface Transportation Program (STP) and Transportation Alternative Program
(TAP) along with a local match. A summary of the construction funding is shown
below:
Construction
Grant Type Grant Amount Local Match Total Amount
HIP $405,987.00 $54,808.00 $460,795.00
STP $2,150,769.00 $415,990.00 $2,566,759.00
TAP $146,891.00 $22,925.00 $169,816.00
Totals: $2,703,647.00 $493,723.00 $3,197,370.00
Page 23 of 169
The proposed sole source components (signal controller, vehicle detection
system, and pedestrian push buttons) are included in the project cost estimate
and are not anticipated to increase project costs.
Anticipated cost for each component:
1. Polara Navigator 2-wire Push Button Station:
$400 per each, for a total of $33,600 in this project
2. Cobalt 2100 NEMA traffic controller with Cobalt software:
$25,000 per each, for a total of $525,000 in this project
3. Iteris vantage vector video and radar detecting system and accessories:
$2,500 per each, for a total of $210,000 in this project.
IV. HISTORY AND FACTS BRIEF:
The proposed sole sourced signal controller, vehicle detection system, and
pedestrian push buttons are consistent with the ones specified and installed for
City-Wide Traffic Signal Improvements Phase One Project, which was
constructed in 2018.
A city-consistent utilizes typically one this signal project traffic wide like
components throughout the complete systems for multiple reasons. The most
important reasons are:
• Stocking fewer brands of replacement/spare components, and
• Staff efficiency in performing routine/preventive maintenance,
programming, and emergency repairs when required.
• Establishing adequate, working knowledge of the system is critical for
repairing a damaged system in an expeditious manner and minimizing
risk to the public.
• Ensuring compatibility of components throughout the system for adequate
sequencing and programing of signals along corridors.
During the phase one project, the City’s consultant evaluated different models
and determined these to be the best value for the City considering cost,
performance, and durability.
The City is authorized by RCW 35.23.352(9) and RCW 39.04.280(1)(a) to waive
competitive bidding of purchases from a sole source supplier and purchases
involving special facilities. Sole source request worksheets have been prepared
and included in this agenda packet.
V. DISCUSSION:
This item was discussed at the July 12, 2021 Council Workshop meeting. Staff
recommends approval of the attached resolution, authorizing the City to require
Page 24 of 169
bidders of the City-Wide Traffic Signal Improvements Phase Two Project to
provide the sole source items listed above when constructing the project.
Page 25 of 169
Resolution – Traffic Signal Improvements
City Wide Phase 2 - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND
APPROVING SPECIFICATIONS REQUIRING SPECIFIC SOLE SOURCED
COMPONENTS OF THE TRAFFIC SIGNAL SYSTEM FOR THE TRAFFIC
SIGNAL IMPROVEMENTS – CITY WIDE PHASE TWO PROJECT.
WHEREAS, it is critical for the City to have proper, compatible, and consistent traffic
signal system components across the traffic network; and
WHEREAS, the City received $4,296,331 of federal funding for design, right of way
acquisition, and construction of the Traffic Signal Improvements – City Wide Phase One and Two
projects; and
WHEREAS, the City previously utilized $1,333,184 of federal funding to design and
construct the Traffic Signal Improvements – City Wide Phase One project, which was completed
in 2018; and
WHEREAS, the City has $2,963,147 of federal funding to design, acquire right of way
and construct the Traffic Signal Improvements – City Wide Phase Two project; and
WHEREAS, a City-Wide Traffic Signal Improvement project aims at utilizing
standardized and compatible components throughout the traffic signal system; and
WHEREAS, minimizing the number of different, complex signal controllers is important
for City staff to maintain knowledge and ability to operate and repair signal controllers at critical
times, and minimize impacts to the traveling public as well as mitigate safety issues when
unexpected failures occur, and allowing maintenance and repair to take place in an expeditious
manner; and
WHEREAS, the City has determined that the use of alternate suppliers would not be
consistent or compatible with existing equipment, inventory, systems programs, or services; and
WHEREAS, the design engineer for the project has evaluated multiple options and
concluded that maintaining consistency throughout the City-Wide Traffic Signal Improvements
Phase Two project is crucial for adequate signal operation City wide: and
WHEREAS, the Council of the City of Pasco hereby determines that the paramount
considerations in the acquisition of the above mentioned items is compatible with existing
equipment, inventory, systems programs or services; and
WHEREAS, the use of the items listed is critical for minimal impact on the traveling
public, as detailed in the attached table (Exhibit A) and Sole Source Worksheets, to support current
Page 26 of 169
Resolution – Traffic Signal Improvements
City Wide Phase 2 - 2
operation standards, this purchase becomes subject to waiving competitive bidding requirements
per RCW 35.23.352(10) and RCW 39.04.280(1)(a) sole source; and
WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source
exemption, the Council must first adopt a resolution, or have a written policy adopted by the City,
reciting the factual basis supporting the exemption; and
WHEREAS, the City Council pursuant to 39.04.280(2)(a) finds that such factual basis as
described herein and detailed in the attached table (Exhibit A), Sole Source Worksheets, and
incorporated herein by this reference, does support application of the sole source exemption as
pertaining to the purchase of the items listed from the specified vendors.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. The City Council of Pasco hereby finds the above-described circumstance is
justification for the waiver of bidding requirements under the authority of RCW 35.23.352(10) and
pursuant to sole source providers (RCW 39.04.280(2)(a)) and, therefore, the bidding requirement
is hereby waived for the purchase of the items listed from the specified vendors.
Section 2. That the City of Pasco Public Works Department purchase the items listed from
the specified vendors for an amount not to exceed the sum of $768,600.00.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, this __ day of July, 2021.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 27 of 169
EXHIBIT A
Section Manufacturer Model Description
9-29-18(3) Video Detectors Iteris Vantage Vector Video and Radar Detector
9-29.19 Pedestrian Push Buttons Polara Navigator 2-Wire Push Button Station
8-20.3(14)A Signal Controllers Econolite Cobalt Signal Controller
Page 28 of 169
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SOLE SOURCE WORKSHEET
Requisition Item:Polara Navi ator 2-Wire Push Button Station
Requisition No.
Prior Purchase Order Number (if item had been approved previously):
1.Please describe the items and its function:The Polara Navi ator 2-Wire Push Button Station rovides
for the safe navi ation of intersectionsb edestrians b alertin the s stem that edestrians are resent.
It also noti?es ADA com liant access for edestrians with audible and vibration features to assist in the
safe crossin for edestrians.
2.This is a sole source because:
Sole provider of a licensed or patented good or service
x Sole provider of items that are compatible with existing equipment,inventory,systems,
programs or services
X Sole provider of goods and services for which the City has established a standard
Sole provider of goods or services that will meet the specialized needs of the City or
perform the intended function (please detail below or in an attachment)
The vendor/distributor is a holder of a used item that would represent good value and is
advantageous to the City (please attach information on market price survey,availability,
etc.)
3.What necessary features does this vendor provide which are not available from other vendors?
Please be speci?c.
For the ro osed ush button s stem the most im ortant reason to establish a standardized manufacturer
and model is to allow for fewer different brands of re lacement/s are com onents and staffs abilit to
erform maintenance and emer enc re airs when re uired.Pedestrian ush buttons are re ularl
dama ed and re uire re lar maintenance and re air.Stockin re lacement arts and havin ade uate
workin knowled e of the s stem is critical for re airin a dama ed s stem and minimizin im act to the
ublic.The Polara Push Buttons were used in the Traffic Si nal Im rovements —Cit Wide Phase 1
ro'ect which was constructed in 2018.The meet was intended to be constructed without hasin
however ri ht of wa re uirements for a roximatel half of the intersections resulted in the Ci
phasing the project.
4.What steps were taken to verify that these features are not available elsewhere?
While similar e ui ment is offered b other manufacturers the Cit ’s intent was to standardize on
com onents.
x Other brands/manufacturers were examined (please list phone numbers and names,and
explain why these were not suitable).
The desi 11 en ineer on the ro'ect evaluated multi le 0 tions such as the Cam bell Com an Guardian
5.0 FS 57 Cam bell Com an Sales 208-345-7459 Novax Industries Co oration IntelliCross APS
ovax Industries Co oration 604-525-5644 .Durin Phase I of the meet the Cit ‘s consultant
evaluated different models.Standardization of the traf?c si al com onents was identi?ed as a need and
it was determined that the Polara Navi ator 2—wire ush button station brou ht the best value to the
project.
Page 29 of 169
//J Z
Other vendors were contacted (please list phone numbers and names,and explain why
these were not suitable).
5.Sole source vendor certi?es that the City is getting the lowest price offered for the item.
Antici ated cost for this com onent:Polara Navi ator 2-wire Push Button Station 400 er each for a total
of $33 600 in this ro'ect.
Certi?cation of Need
This recommendation for sole source is based upon on objective review of the product/service required
and appears to be in the best interest of the City.I know of no con?ict of interest on my part of personal
involvement in any way with this request.No gratuities,favors or comprising actions have been taken.
Neither has my personal familiarity with particular brands,types or equipment,materials or ?nn been a
deciding in?uence on my request to sole source this purchase.
By:Date:
Page 30 of 169
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APPENDIX A
SOLE SOURCE WORKSHEET
Requisition Item:Cobalt 2100 NEMA Traffic Controller with Cobalt Software
Requisition No.
Prior Purchase Order Number (if item had been approved previously):
1.Please describe the items and its function:The Cobalt 2100 NEMA Traffic Controller with Cobalt
Software is a hardware and software acka e used to control and intelli entl o erate a traffic control
si rial.It controls the timin and o eration of traffic si rials and edestrian li hts at all four corners of a
iven intersection.
2.This is a sole source because:
Sole provider of a licensed or patented good or service
X Sole provider of items that are compatible with existing equipment,inventory,systems,
orograms or services
x Sole provider of goods and services for which the City has established a standard
Sole provider of goods or services that will meet the specialized needs of the City or
aerform the intended function (please detail below or in an attachment)
The vendor/distributor is a holder of a used item that would represent good value and is
advantageous to the City (please attach information on market price survey,availability,
etc.)
3.What necessary features does this vendor provide which are not available from other vendors?
Please be specific.
The reasons for standardizin on these controllers include needin to stock fewer brands of re lacement
com orients staffs abilit to erforrn maintenance and understand the 0 eration of the e ui merit and
ensurin there is continuit across the s stern for future use of interconnect s stems that links all si rials
to ether.Minimizin the number of different com lex si rial controllers is im ortant for Cit staff to
maintain knowled e and abilit to 0 erate re air si rial controllers at critical times and minimize
im~acts to the travellin ublic.The ro osed traffic controllers were utilized in the Traffic Si rial
lm rovements —Cit Wide Phase 1 ro'ect which was constructed in 2018.The ro'ect was intended to
be constructed at once however ri ht of wa re uirements for a roximatel half of the intersections
resulted in the Cit hasin the ro'ect.A lar e cit wide si rial ro'ect like this one aims at
standardizin the hardware software and other critical com orients across the traffic si al s stem.
Com atibilit and abilit to ex editiousl re air the s stem in case of emer enc is crucial to traffic
safety.
4.What steps were taken to verify that these features are not available elsewhere?
While controllers are offered b other manufacturers the Ci ’s intent was to standardize on com orients
for the traffic si al s stem throu hout the Cit .
x Other brands/manufacturers were examined (please list phone numbers and names,and
explain why these were not suitable).
The desi ri en ineer on the ro'ect evaluated multi le 0 tions includin Siemens advanced traffic si rial
controllers model EAGLE 2070 Series distributedb Tern le Inc.256-353-4578 and Johnson
Controls Traffic Si rial Controllers —ECLIPSE controller Johnson Controls Inc.414-524-1200 .
Page 31 of 169
Durin Phase 1 of the meet the Cit ’s consultant evaluated different models and concluded that the
Cobalt 2100 NEMA Traffic Controller with Cobalt Software were the best ?t for the Ci ’s needs.
Other Vendors were contacted (please list phone numbers and names,and explain why
these were not suitable).
5.Sole source Vendor certi?es that the City is getting the lowest price offered for the item.
Antici ated cost for this corn onent:Cobalt 2100 NEMAtraff1c controller with Cobalt software:$25 000
er each for a total of 525 000 in this ro‘ect.
4
Certi?cation of Need
This recommendation for sole source is based upon on objective review of the product/service required
and appears to be in the best interest of the City.I know of no con?ict of interest on my part of personal
involvement in any way with this request.No gratuities,favors or comprising actions have been taken.
Neither has my personal familiarity with particular brands,types or equipment,materials or ?rm been a
deciding in?uence on my request to sole source this purchase.
By:Date:
Page 32 of 169
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APPENDIX A
SOLE SOURCE WORKSHEET
Requisition Item:Iteris Vanta e Vector Video and Radar Detection S stem and Accessories
Requisition No.
Prior Purchase Order Number (if item had been approved previously):
1.Please describe the items and its function:The Iteris Vanta e Vector Video and Radar Detection
S stem and Accessories is a h brid detection sensor that combines the use of video and radar to detect
vehicles at intersections.This detection s stem inte ates with the traf?c si nal controller to more
ef?cientl o crate the traffic si al timin based on the vehicles 0 eratin at different le s of the
intersection.Accessories for the s stem include necessa cables hardware clam s etc.
2.This is a sole source because:
Sole provider of a licensed or patented good or service
X Sole provider of items that are compatible with existing equipment,inventory,systems,
programs or services
X Sole provider of goods and services for which the City has established a standard
Sole provider of goods or services that will meet the specialized needs of the City or
perform the intended function (please detail below or in an attachment)
The vendor/distributor is a holder of a used item that would represent good value and is
advantageous to the City (please attach information on market price survey,availability,
etc.)
3.What necessary features does this vendor provide which are not available from other vendors?
Please be specific.
For the ro osed video and radar detection S stem the most im ortant reasons for sole sourcin include:
needin to stock fewer brands of re lacement corn onents and staffs abili to erform emer enc
re airs and maintenance as needed.Minirnizin the number of different com onents on the traf?c si nal
s stem is im ortant to reduce com atibilit issues and to maintain staff knowled e and abilit to o erate
and re air the si nal vehicle detection s stem in an ex editious manner.Pro er functionin of the traffic
si nal detection s stem and the abilit to erform a re air in a timel manner increases safet .The
ro osed traffic detection sensors were im lemented in the Traf?c Si al Irn rovements —Cit Wide
Phase 1 meet which was constructed in 2018.The meet was intended to be constructed as one
however ri ht of wa re uirements for a roxirnatel half of the intersections resulted in the Cit
hasin the meet.A lar e cit wide si nal ro'ect like this one aims at standardizincom onents in
the traf?c si al s stems.
4.What steps were taken to verify that these features are not available elsewhere?
While similar e ui ment is offered b other manufacturers the Ci ’s intent was to standardize on
com onents.
X Other brands/manufacturers were examined (please list phone numbers and names,and
explain why these were not suitable).
The desi 11 en ineer on the ro'ect evaluated multi le o tions includin Wavetronix SmartSensor Matrix
avetronix Inc.801-734-7222 and Ima eSensin RTMS Sx-300 Ima eSensin Inc.651-603-7700
Page 33 of 169
Y
RY
Durin Phase 1 of the meet the Cit was 0 en to evaluatin different models.Durin Phase 1 of the
ro'ect the Cit ‘s consultant evaluated different models.Standardization of the traf?c si nal com onents
was identi?ed as a need and it was determined that the Iteris Vanta e Vector Video and Radar Detection
S stem and Accessories brou ht the best value to the ro'ect.
Other vendors were contacted (please list phone numbers and names,and explain why
these were not suitable).
5.Sole source vendor certi?es that the City is getting the lowest price offered for the item.
Antici ated cost for this com onent:Iteris vanta e vector video and radar detectin s stem and accessories:
$2 500 er each for a total of $210 000 in this ro‘ect.
Ce tification of Need
This recommendation for sole source is based upon on objective review of the product/service required
and appears to be in the best interest of the City.I know of no con?ict of interest on my part of personal
involvement in any way with this request.No gratuities,favors or comprising actions have been taken.
Neither has my personal familiarity with particular brands,types or equipment,materials or firm been a
deciding in?uence on my request to sole source this purchase.
By:Date:
Page 34 of 169
Sole Source Items
ITEM 1 –Polara Navigator 2-Wire Push Button Station
ITEM 2 –Iteris Vantage Vector Video and Radar Detecting System and Accessories
ITEM 3 -Cobalt 2100 NEMA Traffic Controller with Cobalt Software
ITEM 1 ITEM 2
ITEM 3 Page 35 of 169
AGENDA REPORT
FOR: City Council July 13, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 7/19/21
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - $5M Drinking Water State Revolving Fund Loan - West
Pasco Water Treatment Plant (WPWTP) Expansion Project, Phase 1
I. REFERENCE(S):
Resolution
Loan Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, authorizing execution of a $5
Million dollar loan agreement with the Washington State Department of Health
(WSDOH) for the West Pasco Water Treatment Plant (WPWTP) Expansion
Phase One project.
III. FISCAL IMPACT:
The City was awarded a $5,050,000 low-interest loan to partially fund the design
and construction of the West Pasco Water Treatment Plant (WPWTP) Expansion
Project, State Washington the administered by Phase loan The One. is
Department of Health (DOH) as part of their Drinking Water State Revolving
Fund program. The loan has a 20-year term with an effective interest rate of
1.75%. The loan fee is 1% ($50,000) and is included in the loan amount.
IV. HISTORY AND FACTS BRIEF:
Since July 2020, City staff and its consultant, RH2 Engineering, have been
working on the design of the proposed upgrades for the WPWTP Expansion
Project No. 16008. These expansion upgrades were earlier identified in the
Comprehensive Water System Plan (CWSP), approved by the Department of
Health in 2019, and segregated into several phases to meet the growing
demands for water supply in the City.
Page 36 of 169
The planned expansion of the WPWTP will include improvements to the raw
water intake, pre-treatment system, residuals handling system, backup power
system, high service pumps, and additional membrane-filtration units. These
improvements are planned for incremental expansion from the existing plant
capacity of 6 million gallons per day (MGD), to 12 MGD and then to an ultimate
production capacity of 18 MGD. The overall expansion will be achieved in
phases.
Phase one improvements will focus on the core improvements for the expansion
of the plant, to accommodate for the 12MGD capacity which will consist of the
following:
• Construction of clarifiers and residual recovery system for 12MGD.
• Addition of 2 new membrane racks,
• Modification to existing membrane racks,
• Addition of 2 new strainers,
• Electrical and controls update
• Site improvements to accommodate the expansion of the facility.
Debt service on a long term low-interest loan is less expensive than traditional
debt through a utility revenue bond. By comparison, interest rates on a revenue
bond would be in the 4-5% range, with additional costs associated for issuance
far exceeding the aforementioned 1% loan fee referenced above. Debt service
is an annual operational cost supported by utility rates and associated revenues,
leveraging low-interest loans such as the proposed through the Drinking Water
State Revolving Fund program benefits City utility ratepayers by helping to keep
rates lower.
V. DISCUSSION:
This item was discussed at the July 12, 2021 Council Workshop meeting. Staff
recommends approval of the $5M Drinking Water State Revolving Fund Loan
from the Washington State Department of Health for the WPWTP Expansion
Project, Phase one.
The total estimated cost of the Phase One project is currently $9.7M.
Page 37 of 169
Resolution – WA ST DOH Loan Agreement for WPWTP Expansion – Page 1
RESOLUTION NO. _______
A RESOLUTION AUTHORIZING EXECUTION OF A $5 MILLION
DOLLAR LOAN AGREEMENT WITH THE WASHINGTON STATE
DEPARTMENT OF HEALTH (WSDOH) FOR THE WEST PASCO WATER
TREATMENT PLANT (WPWTP) EXPANSION PHASE ONE PROJECT.
WHEREAS, the WPWTP Expansion Project is a multi-phase project that will increase
treatment capacity and improve resiliency and redundancy of the potable water system for Pasco;
and
WHEREAS, Phase one of the project will include necessary upgrades to the WPWTP,
including: additional membrane treatment units, filter–to-waste piping, new clarifier and
equipment for residuals handling and recycling, and telemetry and control system; and
WHEREAS, to help fund these improvements the City applied for and received a $5
million dollar low-interest State Revolving Fund (SRF) loan from the WSDOH; and
WHEREAS, to make the Washington State Department of Health loan funds available,
execution of the attached Loan Agreement is required.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
The City Council of the City of Pasco hereby authorizes the City Manager for the City of
Pasco to execute the Loan Agreement with the Washington State Department of Health, a copy of
which is attached hereto and incorporated herein by this reference as Exhibit A; and to make
minor substantive changes as necessary to execute the Agreement; and
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
PASSED BY the City Council of the City of Pasco, Washington this ____ day of July, 2021.
________________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 38 of 169
June 30, 2021
City of Pasco
Maria Laura Serra, PE
P.O. Box 293
525 North Third Avenue
Pasco, WA 99031
serram@pasco-wa.gov
RE: Loan Contract Number: DWL26037
Dear Maria Laura Serra;
Enclosed is the Drinking Water State Revolving Fund Loan Contract Number identified above for your signature. The
Loan Contract details the terms and conditions that will govern the agreement between us, which includes the project's
Scope of Work as a formal attachment. Failure to return the contracts within 60 calendar days of the date of this letter may
result in your loan offer being withdrawn.
Review, print and sign the document. Once signatures are obtained, scan and return by email to
dohcon.mgmt@doh.wa.gov or print and sign a hard copy, and return the originals to us for full execution.
Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of
Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both
state and federal requirements.
A non-refundable one-percent loan administration fee will be collected at contract execution (If applicable), including any
subsequent amendments where funds are added. The loan amount may be modified to include an amount sufficient to
cover the one-percent loan administration fee. In most cases, the fee will be collected in full at contract execution. Please
review the terms and conditions of the Loan Contract and all attachments carefully for details.
A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your
registration in the System for Award Management at www.sam.g ov.
Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not
suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors,
subcontractors, engineers, architects, consultants, and equipment vendors. The Exclusion Report can be accessed at
www.sam.gov. Failure to provide this required certification may result in termination of your loan contract.
After the Loan Contracts have been signed by the Department or its designee, one fully executed original will be returned
to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as
well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred
within the contract period of performance, and which have supporting documentation such as receipts or bills.
We are looking forward to working with you over the course of this project. If you have any questions about this Loan
Contract, please contact me.
Sincerely,
Dennis Hewitt
DOH Contract Manager
360-236-3017
Dennis.hewitt@doh,wa,gov
Enclosures:
ATTACHMENT I: SCOPE OF WORK (PROJECT)
ATTACHMENT II: ATTORNEY'S CERTIFICATION
ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS
ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS
ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES
Exhibit A
Page 39 of 169
Version History
Date Revision(s)
Version
05-15-2018 Original - developed via a team of the
DWSRF Grant and Loan Unit
Supervisor, the DOH Office of
Drinking Water Finance Director, the
DOH Office of Contracts and
Procurement Technical and Policy
Advisor, and DOH’s Financial Services
Assistant Attorney General.
1
Washington State Department of Health
DWSRF Municipal
Loan Boilerplate
May 2018
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DWL26037 City of Pasco Page 1 of 31 DWSRF Loan Contract (Municipal) v1
1. CONTRACT FACE SHEET
2020-3921 Loan Number: DWL26037
Washington State Department of Health (DOH)
Drinking Water State Revolving Fund (DWSRF)
Municipal
1. Borrower 2. Borrower Doing Business As (optional)
City of Pasco
P.O. Box 293
Pasco, WA 99031
3. Borrower Type
Construction Loan
4. Borrower’s Statutory Authority
5. Borrower Contract Manager Information 6. DOH Contract Manager
Maria Laura Serra
CIP Manager
509.544.3080 x6412
serram@pasco-wa.gov
Dennis Hewitt
P.O. Box 47822
Olympia, WA 98504-7822
360-236.3017
dennis.hewitt.wa.gov
7. Project Name
West Pasco Water Treatment Plant Improvements
8. Loan 9. Funding Source 10. Start Date 11. End Date
Amount: $5,050,000.00
Loan Fee: $50,000.00
Interest Rate:1.75%
Federal: State:
Other:
DOE
10/01/2040
12. Federal Funding Agency Environmental Protection Agency
Catalogue of Federal Assistance (CFDA) Number 66.468
13. Borrower Tax ID #
91-1983815
14. SWV #
000716400
15. Borrower UBI #
113-000-052
16. Borrower DUNS #
009974598
17. Contract Purpose
DOH and the party identified above as Borrower, hereafter referred to as BORROWER, have entered into this
contract to fund the project identified above that furthers the goals and objectives of the DOH DWSRF Program.
The project will be done by the BORROWER as described in the scope of work and this contract. The rights and
obligations of the parties are governed by this contract and the following documents incorporated by reference:
General Terms and Conditions including Declarations; Attachment I: Scope of Work (Project); Attachment II
Attorney's Certification; Attachment III: Federal and State Requirements; Attachment IV: Disadvantaged Business
Enterprise Requirements; Attachment V: Certification Regarding Debarment, Suspension, and Other Responsibility
Matters; Attachment VI: DWSRF Eligible Project Costs; and Attachment VII: Labor Standard Provisions for
Subrecipients that are Governmental Entities. By the signature below, the parties acknowledge and accept the
terms of this contract.
FOR CONTRACTOR FOR DOH
SIGNATURE AND DATE SIGNATURE and DATE
NAME and TITLE NAME and TITLE
APPROVED AS TO FORM ONLY
Mark Calkins, AAG Signature on File
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2. TABLE OF CONTENTS
1. CONTRACT FACE SHEET
2. TABLE OF CONTENTS
3. DECLARATIONS
3.1. BORROWER INFORMATION
3.2. PROJECT INFORMATION (PROJECT)
3.3. CONTRACT COMMUNICATION
3.4. LOAN INFORMATION
3.5. FUNDING INFORMATION
3.6. SPECIAL TERMS AND CONDITIONS
4. GENERAL TERMS AND CONDITIONS
4.1. AUTHORITY
4.2. FULL AGREEMENT
4.3. ORDER OF PRECEDENCE
4.4. LOAN AMOUNT
4.5. LOAN FEE
4.6. LOAN TERM
4.7. INTEREST RATE
4.8. LOAN FORGIVENESS
4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION
4.10. TIME OF PERFORMANCE
4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT
4.12. LOAN PAYMENTS
4.13. LOAN DEFAULT
4.14. LOAN SECURITY
4.15. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS AND WAIVERS
4.16. AMERICAN IRON AND STEEL
4.17. ATTORNEY’S FEES
4.18. BONUS AND COMMISSION PAYMENTS NOT ALLOWED
4.19. COMPLIANCE
4.20. DISPUTES
4.21. ELIGIBLE PROJECT COSTS
4.22. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM
4.23. FINANCIAL AUDIT
4.24. GOVERNING LAW AND VENUE
4.25. HISTORICAL AND CULTURAL REQUIREMENTS
4.26. INDEMNIFICATION
4.27. INDUSTRIAL INSURANCE REQUIREMENTS
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4.28. LITIGATION
4.29. NONDISCRIMINATION
4.30. PREVAILING WAGE
4.31. PROCUREMENT
4.32. PROHIBITION STATEMENT
4.33. PROJECT SIGNS
4.34. PUBLICITY
4.35. RATES AND RESERVES
4.36. RECAPTURE
4.37. RECORDKEEPING AND ACCESS TO RECORDS
4.38. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM)
4.39. SEVERABILITY
4.40. SUBCONTRACTING
4.41. SURVIVAL
4.42. TERMINATION FOR CAUSE
4.43. TERMINATION OR SUSPENSION FOR CONVENIENCE
4.44. TERMINATION PROCEDURES
4.45. WORK HOURS AND SAFETY STANDARDS
ATTACHMENT I SCOPE OF WORK (PROJECT)
ATTACHMENT II ATTORNEY’S CERTIFICATION
ATTACHMENT III FEDERAL AND STATE REQUIREMENTS
ATTACHMENT IV DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
ATTACHMENT VI DWSRF ELIGIBLE PROJECT COSTS
ATTACHMENT VII LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL
ENTITIES
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DWL26037 City of Pasco Page 4 of 31 DWSRF Loan Contract (Municipal) v1
3. DECLARATIONS
3.1. BORROWER INFORMATION
Legal Name:
City of Pasco
Loan Number: DWL26037
Award Year: 2020
State Wide Vendor Number: 000716400
3.2. PROJECT INFORMATION (PROJECT)
Project Title: West Pasco Water Treatment Plant Improvements
Project Location: Pasco / Franklin County
Project State: Washington
Project Zip Code: 99031
Project Scope of Work (PROJECT): Attachment I, attached hereto and incorporated by reference.
3.3. CONTRACT COMMUNICATION
Communications regarding Contract performance is delegated by each party to its Contract Manager. Either party may
change its Contract Manager by express notice to the other party. Either party may identify on an as needed basis an
alternate Contract Manager to serve during the stated temporary absence of its primary Contract Manager. Notices
between the parties regarding Contract performance must be provided by written communication to the other party’s
Contract Manager. Written communication includes email but not voice mail. Notices are presumed received by the
other party’s Contract Manager upon evidence of delivery between the hours of 8:00 am to 5:00 pm except for state
holidays and weekends.
3.4. LOAN INFORMATION
Loan Amount: $5,050,000.00
Loan Fee (Included in loan amount): 1.0% $50,000.00
Principal Loan Forgiveness %: 0%
Loan Term: 20 years
Interest Rate: 1.75%
Payment Month(s): October 1st <Annually>
Time of Performance:
Notice to Proceed:
48 months from Contract start date (date of last signature) to
Project Completion date.
18 months from Contract start date (date of last signature)
3.5. FUNDING INFORMATION
Total Funds from BORROWER: To be determined
Source(s) of Funds from Borrower, with assigned amounts per source: To be determined
Total State Funds: To be determined
Total Amount of Federal Award (as applicable): To be determined
Total Amount of Loan: $5,050,000.00
Federal Award Date: To be determined
Federal Award ID # (FAIN):
Amount of Federal Funds Obligated by this Action:
To be determined
N/A
3.6. SPECIAL TERMS AND CONDITIONS
Not applicable
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4. GENERAL TERMS AND CONDITIONS
DRINKING WATER STATE REVOLVING FUND
(MUNICIPAL)
4.1. AUTHORITY
Acting under the authority of Section 1452 of the Safe Drinking Water Act (SDWA) Section 130, RCW 39.34, RCW
43.70.040, and RCW 70.119A.170 the Washington State Department of Health (DOH) has awarded BORROWER a
Drinking Water State Revolving Fund Loan (LOAN) for the project identified in the Declarations (PROJECT). Under
this CONTRACT, BORROWER is a sub-recipient of funds provided by the United States Environmental Protection
Agency (EPA), CFDA Number 66.468, Safe Drinking Water State Revolving Fund.
In some CONTRACT attachments, DOH is referred to as “Lender” and BORROWER is referred to as “Contractor .”
4.2. FULL AGREEMENT
This CONTRACT contains the full agreement of the parties. No other understandings, oral or otherwise, regarding
the subject matter of this CONTRACT exists.
4.3. ORDER OF PRECEDENCE
In the event of an inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order: The order of precedence for terms and conditions under
categories B and C is subject to the proviso that when a contract term or condition appears in more than one
contract document, the more specific contract term or condition shall control if the different contract provisions
cannot be harmonized.
A. Applicable local, state, and federal statutes and regulations
B. Contract amendments
C. The Contract (in this order)
Declarations and Special Terms and Conditions
General Terms and Conditions
Attachments I – VII
4.4. LOAN AMOUNT
DOH, using funds from the Drinking Water Assistance Account, will loan BORROWER a sum not to exceed the
amount shown as LOAN AMOUNT in the Declarations. The LOAN AMOUNT shall not exceed one hundred percent
(100%) of the actual eligible PROJECT costs.
4.5. LOAN FEE
If DOH assessed a LOAN FEE, it is shown in the Declarations as LOAN FEE and included in the total LOAN
AMOUNT. The fee (if applicable) is one percent (1%) of the loan request and will not be reduced, regardless of the
final LOAN AMOUNT at PROJECT completion. If the LOAN FEE applies and the total LOAN AMOUNT is
increased by amendment, DOH will assess an additional LOAN FEE equal to one percent (1%) of the additional
LOAN AMOUNT. LOAN FEES are non-refundable.
4.6. LOAN TERM
Unless changed by an amendment, the LOAN TERM will not exceed the period of time shown in the Declarations.
The repayment period for DOH subsidized loans is twenty-four (24) years from this CONTRACT’s start date. The
repayment period for non-DOH subsidized loans is twenty (20) years from this CONTRACT’s start date.
4.7. INTEREST RATE
The interest rate is stated in the Declarations. Interest is per annum on the outstanding principal balance and starts
to accrue from the date DOH releases LOAN FUNDS to BORROWER. If BORROWER completes the PROJECT
within twenty-four (24) months of the CONTRACT start date, DOH will reduce the LOAN INTEREST to one percent
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(1%) at PROJECT completion. The reduced interest rate will apply to the remaining payments beginning from the
date DOH approves the BORROWER’s Project Completion Report.
4.8. LOAN FORGIVENESS
If the LOAN qualifies for LOAN Forgiveness, the percent of the LOAN balance that DOH will forgive at PROJECT
completion is stated in the Declarations. DOH calculates the amount forgiven when DOH approves the
BORROWER’s Project Completion Report. The amount forgiven will be based on either the LOAN AMOUNT or
BORROWER’s ELIGIBLE PROJECT COSTS, whichever is less, and accrued interest.
4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION
DOH will release LOAN funds to BORROWER to reimburse BORROWER for eligible PROJECT costs. To request
reimbursement, BORROWER must submit a signed and completed invoice using a form provided by DOH. The
invoice must reference the PROJECT activity performed, and include supporting documentation such as bills,
invoices, receipts, and documentation of compliance with CONTRACT requirements as requested by DOH. The
invoice must signed by an official of BORROWER with authority to bind BORROWER.
Invoices must also include a report of the progress made since the last invoice, and the PROJECT status to date.
DOH will not release funds until the PROJECT status report and documentation are approved by DOH. Approval
will not be unreasonably withheld or delayed. After approving the invoice, documentation, and PROJECT status
report, DOH will release funds to BORROWER within thirty (30) days, if BORROWER is not in alleged or actual
breach of CONTRACT.
DOH will withhold ten percent (10%) of LOAN funds until DOH confirms that BORROWER has successfully
completed all steps for PROJECT COMPLETION. The 10% holdback will be available to BORROWER as part of
the last LOAN disbursement.
4.10. TIME OF PERFORMANCE
BORROWER will begin the activities in the PROJECT within thirty (30) calendar days of the CONTRACT start date.
BORROWER will issue a ‘Notice to Proceed’, after the formal award of a construction contract, within eighteen (18)
months of the CONTRACT start date.
BORROWER must reach PROJECT COMPLETION within the TIME OF PERFORMANCE. If there are extenuating
circumstances, BORROWER may request, in writing, at least ninety (90) calendar days prior to the PROJECT
COMPLETION that DOH extend the deadline for PROJECT COMPLETION. At its discretion, DOH may issue an
extension. DOH’s decision is final and not subject to the dispute clause.
If BORROWER does not meet the requirements of this section, it is a breach of CONTRACT, and DOH may
terminate or suspend this CONTRACT.
4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT
The PROJECT Completion Amendment determines the final LOAN AMOUNT and LOAN TERM. When activities in
the PROJECT are complete, BORROWER will start the process for the PROJECT Completion Amendment by
sending DOH the PROJECT Completion Report. In the PROJECT Completion Report., BORROWER will provide
the following information to DOH:
A. A statement of the actual dollar amount spent, from all fund sources, to complete the PROJECT.
B. A statement that all ELIGIBLE PROJECT COSTS have been incurred. Costs are incurred when goods and
services are received and/or contracted work is performed.
C. Evidence showing BORROWER’S compliance with financial the audit requirements of this CONTRACT.
D. An invoice for the remaining ELIGIBLE PROJECT COSTS.
E. Documentation of BORROWER’s compliance with National Historic Preservation Act, 54 USC Subtitle III.
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4.12. LOAN PAYMENTS
BORROWER must begin repaying the LOAN no later than one (1) year after the CONTRACT start date. Payments
are due on the first day of the month(s) shown as the PAYMENT MONTH(S) in the Declarations. The first payment
is only the interest accrued at that time. All other payments are principal and interest accrued up to the PAYMENT
MONTH(S).
BORROWER can repay in full the LOAN balance, including fees and repayment of LOAN FUNDS for ineligible project
costs (if any), at any time or make accelerated payments without penalty. The final payment must be on or before the
end of the LOAN TERM.
4.13. LOAN DEFAULT
DOH must receive BORROWER’S payment within thirty (30) calendar days of the due date. Late payments are
delinquent and assessed a monthly penalty on the first (1st) day past the due date. The penalty is one percent (1%)
of the late payment amount per month. Penalty and fees accrue interest at the rate stated as LOAN INTEREST in the
Declarations.
DOH may notify any other entity, creditors, or potential creditors of BORROWER’s delinquency. BORROWER is
responsible for all attorney fees and costs incurred by DOH in any action taken to enforce its rights under this section,
including in any alternative dispute resolution proceeding.
4.14. LOAN SECURITY
LOAN Security is only required if identified in the Declarations. In its sole discretion and if allowed under the EPA
regulations relevant to this Contract, DOH may subordinate its LOAN security to Borrower’s obligations under
existing or future bonds and notes. Nothing in this section releases BORROWER from the obligation to make LOAN
PAYMENTS when due, and to adjust rates, fees, or surcharges as necessary to meet its obligations under this
CONTRACT.
4.15. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS
Amendments, modifications, assignments, and waivers to any of the terms of this CONTRACT supersede, if
applicable, those terms as found in the original CONTRACT, and are not binding unless they are in writing and
signed by representatives authorized to bind each of the parties. Only the authorized representative or their
designee has the express, implied, or apparent authority to alter, amend, assign, modify, or waive any terms of this
CONTRACT.
Neither this CONTRACT nor any claim arising under it may be transferred or assigned by BORROWER without DOH’s
prior written consent. During the LOAN TERM, DOH must approve in advance, any change in ownership of the
water system(s) improved with LOAN FUNDS. DOH may require the LOAN, including fees and ineligible project
costs (if any), be paid in full as a condition of approval.
Nothing in this CONTRACT may be waived unless approved by DOH in writing. No waiver of any default or breach is
implied from any failure to take action upon such default or breach if the default of breach persists or repeats. Waiver
of any default or breach is not a waiver of any subsequent default or breach.
4.16. AMERICAN IRON AND STEEL
None of the LOAN funds can be used for the construction, alteration, maintenance, or repair of a public water
system or treatment works unless all of the iron and steel products used are produced in the United States. “Iron
and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings,
manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials.
DOH may waive this requirement if:
A. Compliance would be inconsistent with the public interest; or
B. The particular iron and steel products are not produced in the United States in sufficient and reas onably
available quantities and are not of a satisfactory quality; or
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C. Inclusion of iron and steel products produced in the United States w ill increase the cost of the overall project by
more than twenty-five (25) percent; and
D. The waiver is approved by the Environmental Protection Agency (EPA).
BORROWER must submit the waiver request to DOH, which will submit it to EPA. The full text of the American Iron
and Steel requirements can be found in H.R. 3547, Consolidated Appropriations Act, 2014, P.L. 113-76, SEC. 436.
4.17. ATTORNEYS’ FEES
Unless expressly stated under another section of the CONTRACT, each party agrees to bear its own attorneys’ fees
and costs for litigation or other action brought to enforce the contract terms.
4.18. BONUS AND COMMISSION PAYMENTS NOT ALLOWED
Funds provided under this CONTRACT cannot be used to pay any bonus or commission to gain approval of the
loan application or any other approval under this CONTRACT. This section does not prohibit paying for bona fide
technical consultants, managerial, or other such services, if payment is for ELIGIBLE PROJECT COSTS.
4.19. COMPLIANCE
BORROWER will comply with all applicable federal, state and local laws, requirements, and ordinances for the
design, implementation, and administration of the PROJECT and this CONTRACT, including but not limited to those
stated in the CONTRACT attachments. BORROWER will provide DOH with documentation of compliance, if
requested.
In the event of BORROWER’s alleged or actual noncompliance with any part of this CONTRACT, DOH may
suspend all or part of the CONTRACT, withhold payments, or prohibit BORROWER from incurring additional
obligations of LOAN FUNDS during the investigation and pending corrective action by BORROWER, or a decision
by DOH to terminate the CONTRACT.
4.20. DISPUTES
Except as otherwise provided in this CONTRACT, when a dispute arises between the parties that cannot be solved
by direct negotiation, either party may request a dispute hearing with the Director of the Office of Drinking Water
(the Director), who may designate a neutral person to decide the dispute. The parties will be equally responsible for
any reasonable costs and fees incurred by the neutral.
The party requesting a dispute hearing must:
A. Be in writing;
B. State the disputed issues;
C. State the relative positions of the parties;
D. State BORROWER's name, address, and the CONTRACT number;
E. Provide contact information for the requester’s representative , and,
F. Be mailed to the other party’s (respondent’s) Contract Manager within three (3) working days after the parties
agree that they cannot resolve the dispute.
The respondent must send a written answer within five (5) working days.
In the alternative, the parties can agree to submit a mutual request to the Director, which should include each
party’s response to the other party’s characterization of the dispute.
The Director or designee will review the written statements and reply in writing to both parties within ten (10)
working days. The Director or designee may extend this period if necessary by notifying the parties. The decision on
the dispute is non-binding and is not admissible in any succeeding judicial or quasi-judicial proceeding.
This non-binding dispute process must precede any action in a judicial or quasi-judicial tribunal. Nothing in this
CONTRACT limits the parties from using any mutually acceptable alternate dispute resolution (ADR) method in
addition to or instead of the dispute hearing procedure outlined above.
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4.21. ELIGIBLE PROJECT COSTS
BORROWER will comply with Attachment VI: DWSRF Eligible Project Costs and is responsible for any audit
exceptions or disallowed costs incurred by its own organization or that of its subcontractors.
The purchase of any land necessary for the PROJECT must be included in the PROJECT and be documented with
an appraisal or equivalent market evaluation, if approved by DOH, and a valid purchase and sale agreement.
Construction expenses incurred after the date shown as earliest date for construction reimbursement in the
Declarations are eligible for reimbursement. Requests for reimbursements for costs related to construction activities
will not be accepted until BORROWER has met the following conditions:
A. Completed the State Environmental Review Process (SEPA Review under RCW 43.21C);
B. Complied with all provisions of the National Historic Preservation Act, 54 USC Subtitle III;
C. Complied with Prevailing Wage requirements;
D. Received approval from DOH of the project report and related construction documents for all applicable
activities described in the PROJECT; and
E. Complied with any other LOAN conditions required by DOH.
BORROWER cannot use LOAN FUNDS for any expenses charged by BORROWER against any other contract,
subcontract, or source of funds.
If DOH reimburses BORROWER for costs that are later determined by DOH to be ineligible, BORROWER must
repay these funds to DOH no later than when the BORROWER returns the PROJECT Completion Amendment to
DOH. Prior to final completion, DOH may withhold payment for such costs as allowed under Section 4.36
RECAPTURE. Repayment is subject to interest retroactive to the date of the applicable disbursement by DOH.
4.22. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM
BORROWER warrants that they have not and will not submit to DOH any information that is materially false,
incorrect, or incomplete. Providing false, fictitious, or misleading information with respect to the receipt and
disbursements of LOAN funds is a basis for criminal, civil, or administrative fines and/or penalties. DOH may also
pursue applicable remedies for violations by BORROWER of this section.
4.23. FINANCIAL AUDIT
DOH may require BORROWER to obtain an audit of this PROJECT conforming to Generally Accepted Accounting
Principles (GAAP). BORROWER will maintain its records and accounts to facilitate the audit. BORROWER is
responsible for correcting any audit findings. BORROWER is responsible for any audit findings incurred by its own
organization and/or its subcontractors. DOH reserves the right to recover from BORROWER all disallowed costs
and INELEGIBLE PROJECT COSTS resulting from the audit.
The audit must include a report on compliance, including an opinion (or disclaimer of opinion) about whether the
BORROWER is in compliance with laws, regulations and requirements of this CONTRACT that could have a direct
and material effect on DOH.
BORROWER must send a copy of any required audit per 2 CFR §200.512 to the DOH Contract Manager, no later
than nine (9) months after the end of BORROWER’s fiscal year(s). BORROWER must send any audit corrective
action plan for audit findings and a copy of the management letter, within three (3) months of the audit report.
4.24. GOVERNING LAW AND VENUE
This CONTRACT shall be construed and interpreted according to the laws of the state of Washington, and the
venue of any action brought under the CONTRACT will be in the Superior Court for Thurston County.
4.25. HISTORICAL AND CULTURAL REQUIREMENTS
BORROWER will not conduct or authorize destructive PROJECT planning activities before completing the
requirements of the National Historic Preservation Act, 54 USC Subtitle III. BORROWER will not begin construction
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DWL26037 City of Pasco Page 10 of 31 DWSRF Loan Contract (Municipal) v1
activities, ground disturbance, or excavation of any sort, until BORROWER has complied with all requirements of
the National Historic Preservation Act of 1966, as amended.
If historical or cultural artifacts are discovered during the PROJECT, BORROWER will immediately stop
construction and implement reasonable measures to protect the discovery site from further disturbance, take
reasonable steps to ensure confidentiality of the discovery site, restrict access to the s ite, and notify the concerned
tribe’s cultural staff or committee, Tribal Historical Preservation Officer (THPO), DOH Contract Manager, and the
State's Historical Preservation Officer (SHPO) at the Washington State Department of Archaeology and Historic
Preservation (DAHP). If human remains are uncovered, BORROWER will report the presence and location of the
remains to the local coroner and law enforcement immediately, then contact the concerned tribe’s cultural staff or
committee, DOH Contract Manager, and DAHP.
BORROWER is legally and financially responsible for compliance with all laws, regulations, and agreements related
to the preservation of historical or cultural sites and artifacts and will hold harmless the state of Washington and
DOH in relation to any claim related to historical or cultural sites discovered, disturbed, or damaged as a result of
BORROWER’S and BORROWER’s subcontractors activities.
BORROWER will include the requirements of this section in all contracts for work or services related to the
PROJECT. BORROWER will require that bid documents include an inadvertent discovery plan that meets the
requirements of this section.
4.26. INDEMNIFICATION
BORROWER agrees to defend, indemnify, and hold harmless DOH and the state of Washington for claims arising
out of or incident to BORROWER’S or any BORROWER’S subcontractor’s performance or failure to perform the
CONTRACT. BORROWER’S obligation to indemnify, defend, and hold harmless DOH and the state of Washington
shall not be eliminated or reduced by any actual or alleged concurrent negligence of DOH or its agents, agencies,
employees and officials. BORROWER’S obligation to indemnify, defend and hold harmless DOH and the state of
Washington includes any claim by BORROWER’S agents, employees, officers, subcontractors or subcontractor
employees.
BORROWER waives immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
harmless the state and its agencies, officers, agents or employees.
4.27. INDUSTRIAL INSURANCE COVERAGE
BORROWER will comply with the applicable parts of Title 51 RCW, Industrial Insurance. If BORROWER fails to
provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as required
by law, DOH may collect from BORROWER the full amount payable to the Industrial Insurance Accident Fund.
DOH may deduct the amount owed by BORROWER to the accident fund from the amount payable to BORROWER
by DOH under this CONTRACT, and transmit the deducted amount to the Washington State Department of Labor
and Industries (L&I).
4.28. LITIGATION
BORROWER warrants that there is no threatened or pending litigation, investigation, or legal action before any
court, arbitrator, or administrative agency that, if adversely determined against BORROWER, would have a
materially adverse effect on BORROWER’s ability to repay the LOAN. BORROWER agrees to promptly notify DOH
if any above-referenced actions become known to BORROWER during the pendency of the Contract.
4.29. NONDISCRIMINATION
BORROWER will not discriminate on the basis of race, creed, color, national origin, families with children, sex,
marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any
sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a
disability in the performance of this CONTRACT. BORROWER will comply with all federal and state
nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington’s Law Against Discrimination
and 42 USC 12101 et seq., the Americans with Disabilities Act (ADA), and 40 CFR Part 33 Participation by
Disadvantaged Business Enterprises in US EPA Programs . Failure by BORROWER to carry out these
requirements is a material breach of this CONTRACT. BORROWER is required to include these non-discriminatory
provisions in any contract with a subcontractor.
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DWL26037 City of Pasco Page 11 of 31 DWSRF Loan Contract (Municipal) v1
4.30. PREVAILING WAGE
BORROWER will assure that all contractors and subcontractors performing work funded through this CONTRACT
comply with prevailing wage laws by paying the higher of state or federal prevailing wages . BORROWER is legally
and financially responsible for compliance with the prevailing wage requirements. BORROWER should consult the
United States Department of Labor and Washington State Department of Labor and Industries websites to determine
the federal and State prevailing wages that must be paid.
4.31. PROCUREMENT
BORROWER will comply with all procurement requirements for subcontracting for the PROJECT and for obtaining
PROJECT-related goods and services. BORROWER must maintain records to verify compliance with procurement
requirements.
BORROWER must ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or
services listed in the PROJECT will insert in full, in any contract, the labor standards provisions in Attachment VIII:
Labor Standard Provisions for Subrecipients That Are Governmental Entities.
4.32. PROHIBITION STATEMENT
Per Section 106 of the federal Trafficking Victims Protection Act, BORROWER `s contractors, subcontractors,
engineers, vendors, and any other entity performing work funded by this CONTRACT must comply with and include
the following terms and conditions in all contracts for work or services for the PROJECT.
“All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in t he performance
of this award or subawards under the award, or in any manner during the period of time that the award is in
effect. This prohibition applies to you as the recipient, your employees, subrecipients under this award, and
subrecipients’ employees.”
4.33. PROJECT SIGNS
If BORROWER displays, during the TIME OF PERFORMANCE, any signs or markers identifying parties that are
providing funds for the PROJECT, BORROWER must include the Washington State Department of Health Drinking
Water State Revolving Fund and the Washington State Department of Health as participants in the PROJECT.
4.34. PUBLICITY
BORROWER agrees to get prior written consent from DOH’s Contract Manager before publishing or using any
advertising or publicity materials that include Washington State or DOH’s name, or includes language that may
reasonably infer or imply a connection with either one.
4.35. RATES AND RESERVES
BORROWER will maintain reserves at a minimum as required by the Water System Plan or Small Water System
Management Plan. BORROWER will timely adopt rate increases and/or capital assessments for the system’s
services to provide sufficient funds, along with other revenues of the system, to pay all operating expenses and debt
repayments during the LOAN TERM.
4.36. RECAPTURE
DOH reserves the right to recapture from BORROWER sufficient funds to compensate DOH for BORROWER’s
noncompliance with any part of this CONTRACT, in addition to any other remedies available under the
CONTRACT, at law, or in equity. DOH may withhold LOAN FUNDS from BORROWER to recapture such funds.
4.37. RECORDKEEPING AND ACCESS TO RECORDS
DOH, its agents, and authorized officials of the state and federal governments will have full access and the right to
examine, copy, excerpt, or transcribe, at no additional cost and at all reasonable times, any pertinent documents,
papers, records, and books of BORROWER and of persons, firms, or organizations with which BORROWER may
contract, involving transactions related to this CONTRACT. BORROWER agrees to keep complete records of its
compliance with this CONTRACT for a period of six (6) years from the date that the debt to DOH is paid in full. This
includes but is not limited to financial reports. If any litigation, claim or audit is started before the expiration of the
six (6) year period, BORROWER must keep the records until all litigation, claims or audit findings involving the
records have been resolved. These records retention requirements are in addition to the local government records
Page 51 of 169
DWL26037 City of Pasco Page 12 of 31 DWSRF Loan Contract (Municipal) v1
retention schedules applicable to the BORROWER.
4.38. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM)
BORROWER must comply with 48 CFR 52.204-7 to register with the System for Awards Management (SAM.gov).
BORROWER is responsible for the accuracy and completeness of its data in the SAM database and any liability
resulting from the Government or DOH reliance on inaccurate or incomplete data in it. BORROWER must remain
registered in the SAM database. BORROWER should annually review its information in SAM to ensure it is
accurate and complete.
4.39. SEVERABILITY
If any part of this CONTRACT or part of any document incorporated by reference is found to be invalid, it will not
affect the other parts of this CONTRACT that can be given effect without the invalid part.
4.40. SUBCONTRACTING
Prior to awarding contracts and/or subcontracts, BORROWER must verify that the complete names of both the
selected contractor and the owner or president are not in the Federal Excluded Parties List System for Ineligible
Professionals and Debarred Contractors (www.SAM.gov). BORROWER must provide the DOH Contract Manager
with a screen printout documenting that neither the firm, the owner or the president are excluded.
BORROWER will ensure that every contract and subcontract awarded for the PROJECT after the CONTRACT start
date will bind the parties to follow all applicable terms of this CONTRACT. BORROWER is responsible to DOH for
noncompliance by its contractors and/or subcontractors. BORROWER’s contracts or subcontracts do not release or
reduce the BORROWER’s liability to DOH for any breach in the performance of BORROWER’s duties.
BORROWER’s contracts and subcontracts must include a term that the state of Washington and DOH are not liable
for claims or damages arising from a contractor and/or subcontractor’s performance or lack thereof.
4.41. SURVIVAL
The CONTRACT’s terms, conditions, and warranties that by its sense and context are intended to survive the
completion of the performance, cancellation or termination of this CONTRACT, shall so survive.
4.42. TERMINATION FOR CAUSE
If DOH concludes that BORROWER has failed to comply with the CONTRACT requirements or has otherwise
breached one or more parts of the CONTRACT, DOH may, at its discretion, upon notice to BORROWER, terminate
or suspend the CONTRACT and/or its attached agreements in whole or in part.
The notice will be in writing and state the reason(s) for termination or suspension, and the effective date. The
effective date will be determined by DOH. The notice will allow BORROWER at least thirty (30) business days to
cure the breach, if curable. If the breach is not cured or cannot be cured within thirty (30) business days, the
outstanding balance of the LOAN, with any interest accrued and other costs as authorized by the CONTRACT shall
be due and payable to DOH.
If DOH terminates this CONTRACT under this section, DOH is liable only for payment required under the terms of
this CONTRACT for ELIGIBLE PROJECT COSTS incurred prior to the effective date of termination.
At DOH’s discretion, the termination for cause may be deemed a termination for convenience if DOH determines
that the default or failure to perform was outside BORROWER’s control, fault or negligence. The rights and
remedies of DOH provided in this CONTRACT are not exclusive and are in addition to any other rights and
remedies provided by law. Nothing in this section affects BORROWER’s obligations to immediately repay the
unpaid balance of the LOAN as prescribed in the Washington Administrative Code (WAC) 246-296-150.
4.43. TERMINATION OR SUSPENSION FOR CONVENIENCE
If funding or appropriation from state, federal, or other sources is withdrawn, reduced, or limited in any way during
the TIME OF PERFORMANCE, DOH may:
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DWL26037 City of Pasco Page 13 of 31 DWSRF Loan Contract (Municipal) v1
A. Delay or suspend releasing LOAN FUNDS until funding or appropriation are available to DOH; or
B. Amend the CONTRACT to reflect the new funding limitations and conditions; or
C. Terminate the CONTRACT and/or its attached agreements, in whole or in part; or
D. Suspend the CONTRACT and/or its attached agreements, in whole or in part.
If DOH terminates the CONTRACT and/or its attached agreements in whole or in part, under this section, DOH will
notify BORROWER’s representative in writing of the reason(s) for termination, and the effective date. The effective
date will be determined by DOH.
DOH may choose to suspend this CONTRACT and/or its attached agreements in whole or in part, if DOH
determines that the funding insufficiency will likely be resolved in time for BORROWER to resume activities prior to
the end of the TIME OF PERFORMANCE. DOH will notify BORROWER’s representative by facsimile or email of
the reason(s) for suspension, and the effective date. DOH will determine the effective date. BORROWER must
suspend performance on the effective date of the suspension. During the period of suspension each party must
notify the other party’s representative of any conditions that may reasonably affect its ability to resume performance.
During the suspension, when DOH determines that the funding insufficiency is resolved, DOH may no tify
BORROWER’s representative of the proposed date to resume performance. BORROWER must respond to DOH’s
representative in writing, within five (5) business days of DOH sending notice, as to whether it can resume
performance on that date or offer an alternative date to resume performance. If BORROWER cannot resume
performance or the alternative date is not acceptable to DOH, the parties agree the CONTRACT will be deemed
terminated for convenience, retroactive to the original date of suspension.
If DOH terminates or suspends this CONTRACT, DOH is liable only for payment required under the terms of this
CONTRACT for eligible project costs incurred prior to the effective date of suspension or termination. Nothing in
this section shall affect Contractor’s obligations to repay the unpaid balance of the LOAN. Nothing in this section
affects BORROWER’s obligation to repay the LOAN, including fees and other expenses as allowed by the
CONTRACT.
4.44. TERMINATION PROCEDURES
When BORROWER receives Notice of Termination or on the date a suspension is converted to a termination,
except as otherwise directed by DOH, BORROWER will:
A. Stop work under the CONTRACT on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the CONTRACT;
C. If expressly requested by DOH, assign to DOH any or all of the rights, title, and interest of BORROWER under
the orders and subcontracts so terminated, in which case DOH has the right, at its discretion, to settle or pay
any or all claims arising out of the termination of such orders and subcontracts. Any attempt by BORROWER
to settle such claims must have the prior written approval of DOH; and
D. Preserve and transfer any materials, CONTRACT deliverables and/or DOH property in BORROWER’s
possession as directed by DOH.
Upon termination of this CONTRACT, DOH will pay BORROWER for amounts due under the CONTRACT prior to
the date of termination unless such payment is precluded under any other provision of this CONTRACT. DOH may
withhold any amount due as DOH reasonably determines is necessary to protect DOH against potential loss or
liability resulting from the termination. DOH will pay any withheld amount to BORROWER if DOH later determines
that loss or liability will not occur.
4.45. WORK HOURS AND SAFETY STANDARDS
If this CONTRACT exceeds $100,000, BORROWER must comply with the applicable Contract Work Hours and
Safety Standards Act (40 USC Chapter 37). These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
Page 53 of 169
DWL26037 City of Pasco Page 14 of 31 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
ATTACHMENT I: SCOPE OF WORK (PROJECT)
DWSRF PROGRAM
LOAN CONTRACT INFORMATION
2020-3921 WEST PASCO WATER TREATMENT PLANT IMPROVEMENTS
DWSRF Scope of Work Form:
Scope of Work:
Project to include:
1. Installation of membrane treatment units in existing treatment plant to treat approximately 8,333 gpm. Costs
to include: pre-filter strainers, membrane treatment units, piping, controls, valves, telemetry, electrical,
backwash system, waste handling system, and other appurtenances.
2. Installation of filter-to-waste piping. Costs to include: piping, valves, controls, telemetry, modifications to
existing piping, modifications to existing residual handling basin, and other appurtenances.
3. Installation of treatment clarifier and equipment for residuals handling and recycle capabilities of residuals.
Costs to include: piping, valves, controls, telemetry, modifications to existing piping, pumps, equalization basin,
flocculation chamber, ancillary hydraulic structures, modifications to existing residual handling basin, and other
appurtenances.
4. Upgrade to existing telemetry and controls. Costs to include: installation of new controls, control panels,
equipment, electrical, and programming.
5. Submit project reports and construction documents for review and approval by Eastern Regional Office of
Drinking Water regional engineer prior to start of construction.
In addition to costs of construction, costs may include (but are not limited to): engineering, design, construction
inspection, hydrogeologic assessment, cultural and environmental review, permits, public involvement, preparation of
bid documents, fees, taxes, legal, administrative, and audit.
Page 54 of 169
DWL26037 City of Pasco Page 15 of 31 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
2020-3921 WEST PASCO WATER TREATMENT PLANT IMPROVEMENTS
Project Costs by Cost Category:
COST CATEGORY CURRENT ESTIMATES
Engineering Report (Preliminary Engineering) $208,515.00
Environmental Review $4,000.00
Historical Review/Cultural Review $6,000.00
Land/ROW Acquisition $0.00
Permits $15,577.00
Public Involvement/Information $0.00
Bid Documents (Design Engineering) $548,908.00
Construction: Estimated Cost. Provide details on following pages. $2,733,027.44
DOH Review/Approval Fees: $5,844.00
Contingency: (10% min, 20% max) $683,256.86
Sales or Use Taxes $321,444.70
Construction Engineering/Inspection $467,427.00
Insurance: $0.00
Audit: $6,000.00
Legal: $0.00
Service Meters (Purchase and Installation) $0.00
Other:
TOTAL ESTIMATED PROJECT COSTS (before Loan Fee) $5,000,000.00
DWSRF Loan Origination Fee (1%) $50,000.00
DWSRF Loan Award $5,050,000.00
Page 55 of 169
DWL26037 City of Pasco Page 16 of 31 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
2020-3921 WEST PASCO WATER TREATMENT PLANT IMPROVEMENTS
Project Funding:
TYPE OF FUNDING SOURCE CURRENT STATUS
Grants and Other Non-Matching Funds
Grant #1
Grant #2
Other Grants $
New Grants $
Total Grants and Other Non-Matching Funds a) $
Loans
This Loan Request DWSRF loan $5,050,000
Other Loan #1 $
Other Loan #2 $
Other Loans $
New Loans $
Total Loans b) $
Local Revenue
Source #1 Reserves $2,615,400
Source #2 $
Other Local Revenue $
New Local Revenue $
Total Local Revenue c) $
Other Funds
Other Funds $
Other Funds $
Total Other Funds d) $
TOTAL PROJECT LOAN e) $5,050,000
Page 56 of 169
DWL26037 City of Pasco Page 17 of 31 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
2020-3921 WEST PASCO WATER TREATMENT PLANT IMPROVEMENTS
Engineer’s Certification:
The term of this loan will be based on an engineer’s certification of the expected useful life of the improvements, as stated
below, or 20 years, whichever is less. If the jurisdiction prefers the term of its loan to be less than either 20 years or t he
useful life of the improvements, the preferred loan term should be indicated here: __ years.
I, _______________________, licensed engineer, certify that the average expected useful life for the improvements
described above is __ years.
Signed: ____________________________
Name: ____________________________
Date: ____________________________
Telephone: ____________________________
Professional Engineer License Number: _____________
Page 57 of 169
DWL26037 City of Pasco Page 18 of 31 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
ATTACHMENT II: ATTORNEY’S CERTIFICATION
DRINKING WATER STATE REVOLVING FUND
(MUNICIPAL)
I, ________________________________________________, hereby certify:
I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney of BORROWER
identified in the Declarations of the Contract identified above; and
I have also examined any and all documents and records, which are pertinent to the Contract, including the application
requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. BORROWER is a public body, properly constituted and operating under the laws of the State of Washington,
empowered to receive and expend federal, state and local funds, to contract with the state of Washington, and to
receive and expend the funds involved to accomplish the objectives set forth in its application.
2. BORROWER is empowered to accept the Drinking Water State Revolving Fund financial assistance and to
provide for repayment of the loan as set forth in the loan agreement.
3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above -
described public facilities project or to enjoin BORROWER from repaying the Drinking Water State Revolving
Fund loan extended by DOH with respect to such project. BORROWER is not a party to litigation, which will
materially affect its ability to repay such loan on the terms contained in the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to
BORROWER.
__________________________________ _____________________________
Signature of Attorney Date
__________________________________
Name and BAR Number (WSBA No.)
_______________________________________________________________________
Address
Page 58 of 169
DWL26037 City of Pasco Page 19 of 31 Attachment III: Federal and State Requirements
DWSRF Loan Contract (Municipal) v1
ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS
(NOT ALL INCLUSIVE)
1) Environmental and Cultural Authorities
a) Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended
b) Clean Air Act, Public Law 84-159 as amended
c) Coastal Zone Management Act, Public Law 92-583 as amended
d) Endangered Species Act, Public Law 93-205 as amended
e) Environmental Justice, Executive Order 12898
f) Floodplain Management, Executive Order 11988 as amended by Executive Order 12148
g) Protection of Wetlands, Executive Order 11990
h) Farmland Protection Policy Act, Public Law 97-98
i) Fish and Wildlife Coordination Act, Public Law 85-624 as amended
j) National Historic Preservation Act, 54 USC Subtitle III
k) Safe Drinking Water Act, Public Law 93-523 as amended
l) Wild and Scenic Rivers Act, Public Law 90-542 as amended
m) Washington State Environmental Policy Act, Chapter 43.21C RCW
n) Native American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code
of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and Washington
Administrative Code (WAC) 25-48 regarding Archaeological Excavation and Removal Permits.
2) Economic and Miscellaneous Authorities
a) Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive
Order 12372
b) Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act,
including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac
with Respect to Federal Contracts, Grants, or Loans
c) Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended
d) Debarment and Suspension, Executive Order 12549
e) H.R. 3547, Consolidated Appropriations Act, 2014.
3) Social Policy Authorities
a) Age Discrimination Act of 1975, Public Law 94-135
b) Title VI of the Civil Rights Act of 1964, Public Law 88-352
c) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the Clean Water
Act)
d) Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250)
e) Equal Employment Opportunity, Executive Order 11246
f) Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean
Water Act)
g) Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100 -
590
h) Chapter 49.60 RCW, Washington’s Law against Discrimination, and 42 U SC 12101 et seq. the Americans with
Disabilities Act (ADA).
i) The Contract Work Hours and Safety Standards Act (40 USC 327-333)-Where applicable.
j) The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 USC s. 2000ff et seq.
4) State Laws
a) Chapter 36.70A RCW, Growth Management Act
b) Chapter 39.80 RCW, Contracts for Architectural and Engineering Services
c) Chapter 39.12 RCW, Washington State Public Works Act
d) Chapter 43.20 RCW, State Department of Health of Health
e) Chapter 43.70 RCW, Department of Health
f) Chapter 43.155 RCW, Public Works Project
g) Chapter 70.116 RCW, Public Water Systems Coordination Act of 1977
h) Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations
i) Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances
j) Chapter 246-290 WAC, Group A Public Water Systems
Page 59 of 169
DWL26037 City of Pasco Page 20 of 31 Attachment III: Federal and State Requirements
DWSRF Loan Contract (Municipal) v1
k) Chapter 246-291 WAC, Group B Public Water Systems
l) Chapter 246-292 WAC, Waterworks Operator Certification Regulations
m) Chapter 246-293 WAC, Water Systems Coordination Act
n) Chapter 246-294 WAC, Drinking Water Operating Permits
o) Chapter 246-295 WAC, Satellite System Management Agencies
p) Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program
q) Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells
r) Title 173 WAC, Department of Ecology Rules
s) Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section
Adopted by Reference)
Page 60 of 169
DWL26037 City of Pasco Page 21 of 31 Attachment IV: DBE Requirements
DWSRF Loan Contract (Municipal) v1
ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE
REQUIREMENTS
GENERAL COMPLIANCE, 40 CFR, Part 33
BORROWER must comply with the requirements of Environmental Protection Agency's Program for Utilization of Small,
Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CFR, Part
33. BORROWER will use the directory of certified firms available through the Washington State Office of Minority and
Women’s Business Enterprises to meet the requirements.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
The following are exemptions from the fair share objective Requirements:
• Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year.
• Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B.
o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular
Area recipients.
• Recipients of Technical Assistance Grants.
The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office
of Minority Women Business are stated below.
Construction 10% MBE 6% WBE
Supplies 8% MBE 4% WBE
Equipment 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
BORROWER must accept the fair share objectives/goals stated above and purchase the same or similar construction,
supplies, services and equipment, in the same or similar relevant geographic buying market as WA Office of Minority
Women Business goals.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, BORROWER will make the following good faith efforts whenever procuring
construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that su b-
recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include:
A. Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients,
this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources.
B. Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages
and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the
bid or proposal closing date.
C. Consider in the contracting process whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include
dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
D. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract i s too large for
one of these firms to handle individually.
E. Use the services and assistance of the Small Business Administration and the Minority Business Development
Agency of the Department of Health.
F. If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in
paragraphs A through E above.
Page 61 of 169
DWL26037 City of Pasco Page 22 of 31 Attachment IV: DBE Requirements
DWSRF Loan Contract (Municipal) v1
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
BORROWER is required to submit MBE/WBE participation reports to DOH, on a quarterly basis, beginning with the
Federal fiscal year reporting period BORROWER receives the award and continuing until the project is completed.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
BORROWER agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
BORROWER agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor
Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business
Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the PROJECT. These
two (2) forms may be obtained from the EPA Office of Small Business Program’s website on the internet at
http://www.epa.gov/osbp/grants.htm.
BORROWER agrees to require all general contractors to complete and submit to BORROWER and Environmental
Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting
period BORROWER receives the award and continuing until the project is completed. Only procurements with certified
MBE/WBEs are counted toward a Contractor’s MBE/WBE accomplishments.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
BORROWER is also required to create and maintain a bidders list if BORROWER of the loan is subject to, or chooses to
follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and
exemptions.
Section 33.501(b) of the rule is as follows:
A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In
addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund als o must require entities
receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to fo llow,
competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entit ies receiving identified
loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non -
MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or qu ote on
subcontracts under EPA assisted projects, including both MBE/WBEs.
The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA
funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the
identified loan has ended. The following information must be obtained from all prime and subcontractors:
(1) Entity’s name with point of contact;
(2) Entity’s mailing address, telephone number, and e-mail address;
(3) The procurement on which the entity bid or quoted, and when; and
(4) Entity’s status as a MBE/WBE1 or non-MBE/WBE.
The exemption found at § 33.501(c) is as follows:
A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance
agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal
year, is exempt from the paragraph (b) of this section requirement t o create and maintain a bidders list. Also, a recipient
under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list
requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity
receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is
limited to the paragraph (b) of this section bidders list requirements of this subpart.
1 Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office
of Minority and Women’s Enterprises at 360-704-1181.
Page 62 of 169
DWL26037 City of Pasco Page 23 of 31 Attachment V: Certification Regarding Debarment
DWSRF Loan Contract (Municipal) v1
ATTACHMENT V: CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS
United States Environmental Protection Agency
Washington, DC 20460
EPA Project Control Number
The terms, “covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered
transaction, principal, and voluntarily excluded”, as used in this attachment, are defined in the rules implementing
Executive Order 12549, including 13 CFR § 400.109. You may contact DOH for help getting a copy of these regulations.
BORROWER, defined as the primary participant and it principals, certifies by signing below that to the best of its
knowledge and belief they:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
B. Have not within a three-year (3) period preceding this CONTRACT, been convicted of or had a civil judgment
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice;
C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or
local) with commission of any of the offenses described in this attachment; and,
D. Have not within a three-year period (3) preceding the signing of this CONTRACT had one or more public
transactions (federal, state, or local) terminated for cause or default.
Prior to awarding contracts for the PROJECT, BORROWER must verify that neither the contractor’s busines s name(s) nor
the names of its principals are in the Federal Excluded Parties List System for Ineligible Professionals and Debarred
Contractors (www.SAM.gov). BORROWER must keep documentation in the PROJECT files and provide a copy to the
DOH Contract Manager.
BORROWER will include the language below without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
The lower tier contractor certifies, by signing this CONTRACT that neither it nor its p rincipals are
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the
award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine or imprisonment for up to 5 years, or
both.
Typed or Printed Name & Title of Authorized Representative
__________________________________________________________________
Signature of Authorized Representative Date
I am unable to certify to the above statements. My explanation is attached.
Page 63 of 169
DWL26037 City of Pasco Page 24 of 31 Attachment VI: DWSRF Eligible Project Costs
DWSRF Loan Contract (Municipal) v1
ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS
Must be directly attributable to the project.
1. The costs for complying with the Uniform Relocation
Assistance and Real Property Acquisition Policies
Act of 1970.
2. DWSRF loan fees.
3. The purchase of a portion of another system’s
capacity, if it is the most cost effective solution
(limited to publicly owned (municipal) systems).
4. Construction of reservoirs (clear wells) that are part
of the treatment process and are collocated with the
treatment facility.
5. Construction of distribution reservoirs (finished
water).
6. Cost associated with restructuring or consolidation of
existing water systems by publicly owned water
systems.
7. Main extensions to connect to safe and reliable
sources of drinking water.
8. Cost associated with collecting and preparing
environmental assessment documents to obtain local
permits.
9. Direct labor including related employee benefits:
a. Salaries and wages (at actual or average rates)
covering productive labor hours of employees of
the borrower (excluding the administrative
organization of the operating unit involved) for
periods of time actively or incidentally engaged
in pre-design engineering, design engineering,
construction engineering, acquisition of rights of
way, and the cleaning, sterilization or
bacteriological testing of water system
components prior to public use. The costs of
services rendered by employees generally
classified as administration/project management
of the loan are considered a direct cost only
when such employees are assigned the types of
services described above and shall be limited to
3% or less of the project loan amount.
b. Employee benefits relating to labor are
considered a direct cost of construction projects.
The following items may be included as
employee benefits:
• F.I.C.A. (Social Security) –employer’s share.
• Retirement benefits.
• Hospital, health, dental, and other welfare
insurance.
• Life insurance.
• Industrial and medical insurance.
• Vacation.
• Holiday.
• Sick leave.
• Military leave and jury duty.
Employee benefits must be calculated as a
percentage of direct labor dollars. The
computation of predetermined percentage rates
to be applied to current labor costs must be
based on the average of total employee benefits
and total labor costs for the prior fiscal year and
adjusted by known current year variations.
c. Other than work identified in Number 9.a, no
costs associated with labor performed by the
borrower’s employees, including force account
work, are eligible for financing assistance.
10. Contract engineering, planning, design, legal, and
financial planning services. The Department of
Health reserves the right to declare ineligible legal
costs that are unreasonable and disproportionate to
the project.
11. Contract construction work.
12. Direct vehicle and equipment charges at the actual
rental cost paid for the equipment or, in the case of
city or county-owned equipment, at the rental rates
established by the local government’s “equipment
rental and revolving fund” following the methods
prescribed by the division of municipal corporations.
However, such costs must be charged on a uniform
basis to equipment used for all projects regardless of
the source of funding. Cities with a population of
eight thousand or less not using this type of fund are
allowed the same rates as used by the State
Department of Transportation.
13. Direct materials and supplies.
14. Other direct costs incurred for materials or services
acquired for a specific project are eligible costs and
may include, but are not limited to such items as:
a. Telephone charges.
b. Reproduction and photogrammetry costs.
c. Video and photography for project
documentation.
d. Computer usage.
e. Printing and advertising.
15. Other project related costs include:
• Competitive Bidding.
• Audit.
• Insurance.
• Prevailing wages.
• Attorney fees.
• Environmental Review.
• Archaeological Survey.
Water system plan costs are not eligible for
reimbursement. Small water system management
program and plan amendments costs are eligible for
reimbursement.
Projects may be designed to accommodate reasonable
growth. This is generally the 20-year projection included
in the system’s water system plan or small water system
management program.
Page 64 of 169
DWL26037 City of Pasco Page 25 of 31 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR
SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES
Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113 -6)
Preamble
With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to
each state which in turn provides subgrants or loans to eligible entities within the state. Typically, the subrecipients are
municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set
forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the prima ry
responsibility to maintain payroll records as described in Section 3(ii)(A), below and for complian ce as described in
Section I-5.
Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients, the
provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary
responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for compliance as described in
Section II-5.
I. Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113 -6)
For Subrecipients That Are Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its Davis -Bacon (DB) responsibilities
when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State
recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies,
obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of
Health. If a State recipient needs guidance, they may obtain additional guidance from DOL’s web site at
http://www.dol.gov/whd/.
1. Applicability of the Davis- Bacon (DB) prevailing wage requirements.
Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and
repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control
revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking
water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties
regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on
that site.
2. Obtaining Wage Determinations.
(a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take
place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for
activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts.
Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorpo rated into the
prime contract.
(i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the
wage determination contained in the solicitation remains current. The subrecipients shall amend the
solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the
solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the
closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable
time to notify interested contractors of the modification of the wage determina tion. The State recipient will
provide a report of its findings to the subrecipient.
(ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any
modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be
effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day
period from DOL pursuant to 29 CFR 1.6(c) (3) (iv). The subrecipient shall monitor www.wdol.gov on a weekly
Page 65 of 169
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DWSRF Loan Contract (Municipal) v1
basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage
determinations contained in the solicitation remain current.
(b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an
existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropr iate
DOL wage determination from www.wdol.gov into the ordering instrument.
(c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime
contractor has required its subcontractors to include the applicable wage determinations.
(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient’s contract
after the award of a contract or the issuance of an ordering instrument if DOL determines that the s ubrecipient has failed
to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or
ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a
revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the
contract or ordering instrument by change order. The subrecipient’s contractor must be compensated for any increases in
wages resulting from the use of DOL’s revised wage determination.
3. Contract and Subcontract provisions.
(a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is
entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work
under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in
accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal
agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which
is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the
following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the particular we ekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classification and wage rates conformed under paragraph
(a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Borrower and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov.
(ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The State award official shall approve a request for an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
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DWSRF Loan Contract (Municipal) v1
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), documentation of the action taken and the request, including the local wage
determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the
request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrentl y. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of
receipt and so advise the State award official or will notify the State award official within the 30-day period that additional
time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including
the views of all interested parties and the recommendation of the State award official, to the Administra tor for
determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of
this section, shall be paid to all workers performing work in the classification under this contract from the first day on which
work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fring e
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that
the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligat ions under the plan or program.
(2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative
of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of
the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics wo rking at the site of the work. Such
records shall contain the name, address, and social security number of each such worker, his or her correct classificatio n,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
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DWSRF Loan Contract (Municipal) v1
apprentices or trainees under approved programs shall maintain written evi dence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to
the subrecipient, that is, the entity that receives the sub -grant or loan from the State capitalization grant recipient. Such
documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the
subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in
compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week.
The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four
digits of the employee's social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s)
for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers
to the prime contractor for its own records, without weekly submission to the subrecipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and f ringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into
the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this
section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available fo r
inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor
fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees--
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Offic e of Apprenticeship Training, Employer and
Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
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DWSRF Loan Contract (Municipal) v1
registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classif ication. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed un til an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is
not registered and participating in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the wor k performed until an acceptable
program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act requirements. The Borrower must comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
(6) Subcontracts. The Borrower and/or subcontractor must insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontra cts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of
the contract, and for debarment as a contractor and a subcontrac tor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
Page 69 of 169
DWL26037 City of Pasco Page 30 of 31 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such disputes will be resolved according to the procedures of
the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, Borrower certifies that neither it (nor he or she) nor any person or firm who has an
interest in the Borrower’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in
paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject t o
the overtime provisions of the Contract Work Hours and Safety Standards Act. Th ese clauses shall be inserted in addition
to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contract ing for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual labor er or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard w orkweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award
Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
(a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (a)(1) through (4) of this section.
(b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and
Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause
requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the
work and shall preserve them for a period of three years from the completion of the contrac t for all laborers and
mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address
of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such
contract a clause providing hat the records to be maintained under this paragraph shall be made available by the
Page 70 of 169
DWL26037 City of Pasco Page 31 of 31 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of
agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview
employees during working hours on the job.
5. Compliance Verification
(a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages
(covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29
CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF
1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on
request.
(b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract.
Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a
risk that the contractor or subcontractor is not complying with DB.
Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevail ing wage
requirements. All interviews shall be conducted in confidence."
(c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that
contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot
check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors
and the duration of the contract or subcontract. At a minimum, if practica ble, the subrecipient should spot check payroll
data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the
completion date the contract or subcontract. Subrecipients must conduct more freq uent spot checks if the initial spot
check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In
addition, during the examinations the subrecipient shall verify evidence of fringe benefit plan s and payments thereunder
by contractors and subcontractors who claim credit for fringe benefit contributions.
(d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify
registration and certification with respect to apprenticeship and training programs approved by either the U.S Department
of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of,
laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks
and interviews described in Item 5(b) and (c) above.
(e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department
of Health and to the appropriate DOL Wage and Hour District Office listed at
https://www.dol.gov/whd/WHD_district_offices.pdf.
Page 71 of 169
AGENDA REPORT
FOR: City Council July 14, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 7/19/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Public Meeting & Resolution - Accepting a Notice of Intent to Commence
Annexation Proceedings (ANX 2021-003)
I. REFERENCE(S):
Proposed Resolution to Consider Annexation
Overview Map
Vicinity Map
Notices of Intent to Commence Annexation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC MEETING
MOTION:I move the City Council approve Resolution No.____, accepting a
notice of intent to commence annexation proceedings for the Olberding & Farm
2005 annexation, providing a determination on the boundary to be annexed, and
whether simultaneous zoning and the assumption of bonded indebtedness will
be required.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The City received three (3) Notices of Intent to Commence Annexation from the
owners of property located north of Burns Road between Road 44 and
Convention Drive. The Notices of Intent were combined for processing as one
request and contain sufficient signatures to initiate the annexation process.
Notices of Intent are required to contain the signatures of property owners
representing at least ten (10) percent of the assessed value of an area proposed
for annexation.
Page 72 of 169
In this case, the Notices of Intent contain the signatures of owners representing
approximately 73.63% of the assessed value within the proposed annexation
area, as described and depicted in the attached Resolution.
Staff recommends the inclusion of four additional parcels, two owned by Pasco
School District (Parcels Nos. 114330047 and 114330046) and two owned by
Fred Olberding (Parcels Nos. 114330045 and 114330048), to the request ed
annexation in order to obtain contiguity with current City limits and to consolidate
annexation efforts.
Staff has also removed a portion of Parcel No. 114250016 in alignment with with
the approved Urban Growth Boundary as it accommodates the Airport Clear
Zone No. 2.
V. DISCUSSION:
The petition method of annexation is a two-step process requiring the submittal
of a Notice of Intent to Commence Annexation Proceedings, followed at a later
date by an actual Annexation Petition. Upon receipt of a Notice of Intent to
Commence Annexation the Council is required by law to set a date to hold a
public meeting to consider:
1. Whether the City will accept, reject, or geographically modify the
proposed annexation;
2. Whether it will require the simultaneous adoption of a proposed zoning
regulation; and
3. Whether it will require the assumption of all or any portion of existing city
indebtedness by the area to be annexed.
Following Council review of the proposed annexation and passage of a
resolution, generally accepting the boundary, staff will prepare the annexation
petition.
Upon return of the petition it will be forwarded to the County Assessor for
certification. Following the certification a date will be set for a public hearing for
Council to formally consider the annexation.
This item was previously discussed with Council at the July 12, 2021 Workshop
meeting.
Page 73 of 169
Resolution – Proposed Olberding & Farm 2005 Annexation - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, ACCEPTING A NOTICE
OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FOR THE
OLBERDING & FARM 2005 ANNEXATION, PROVIDING A
DETERMINATION ON THE BOUNDARY TO BE ANNEXED, AND
WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF
BONDED INDEBTEDNESS WILL BE REQUIRED.
WHEREAS, on 28 May 2021 and 2 June, 2021 the owners of not less than ten (10) percent
interest in property located within a portion of the Northwest corner of Section 8, Township 9
North, Range 30 East, Willamette Meridian, have filed a Notice of Intent to Commence
Annexation Proceedings to the City of Pasco; and
WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and
has determined the annexation site, as modified by the City, is within the Pasco Urban Growth
Area, contiguous with the City, annexation of the site would be a natural extension of the City and
said annexation would the in best interest of the Pasco community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
That the City will accept the proposed territory to be annexed, as modified by the City, as
described in Exhibit A and depicted in Exhibit B attached hereto.
Be It Further Resolved, that the territory to be annexed will not require simultaneous
adoption of zoning regulations. Zoning will be determined through a public hearing process with
input from affected property owners and as consistent with the City’s Comprehensive Plan.
Be It Further Resolved that the annexation area will be required to assume a proportionate
share of existing City bonded indebtedness.
PASSED by the City Council of the City of Pasco, Washington, this ______ day of
___________, 2021
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 74 of 169
Exhibit A
Legal Descriptions Olberding & Farm 2005 Annexation (ANX 2021‐003)
114330031 SHORT PLAT 2020‐31 PARCEL B
114330041 "THAT PARCEL OF LAND LOCATED IN A PORTION OF THAT CERTAIN PARCEL OF LAND
CONVEYED AS PARCEL C BY DEED RECORDED UNDER AUDITOR’S FILE NUMBER 1838729 RECORDS OF
FRANKLIN COUNTY, WASHINGTON, LOCATED IN A PORTION OF SECTION 3, TOWNSHIP 9 NORTH, RANGE
29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST COMER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE
SOUTH 01°55’20” WEST ALONG THE WEST LINE OF SAID DEEDED PARCEL C, 772.18 FEET; THENCE SOUTH
01°09’09” WEST ALONG THE WEST LINE OF SAID DEEDED PARCEL C, 574.63 FEET TO THE SOUTH LINE OF
THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89°26’04” EAST ALONG THE
SOUTH LINE OF SAID NORTHWEST QUARTER, 1323.71 FEET TO THE SOUTHEAST COMER THEREOF;
THENCE NORTH 01°55’38” EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 1346.19 FEET TO
THE NORTH LIEN OF SAID DEEDED PARCEL; THENCE NORTH 89°02’15” WEST ALONG THE NORTH LINE OF
SAID DEEDED PARCEL C, 406.65 FEET; THENCE SOUTH 88°49’09” WEST ALONG THE NORTH LINE OF SAID
DEEDED PARCEL C, 925.06 FEET TO THE POINT OF BEGINNING;”
114330042 "THAT PARCEL OF LAND LOCATED IN A PORTION OF THAT CERTAIN PARCEL OF LAND
CONVEYED AS PARCEL C BY DEED RECORDED UNDER AUDITOR’S FILE NUMBER 1838729 RECORDS OF
FRANKLIN COUNTY, WASHINGTON, LOCATED IN A PORTION OF SECTION 3, TOWNSHIP 9 NORTH, RANGE
29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE
SOUTH 01°55’56” WEST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 1336.10 FEET TO THE
SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH
89°26’04” WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER,
1331.43 FEET TO THE SOUTHWEST COMER THEREOF; THENCE NORTH 01°55’38” EAST ALONG THE WEST
LINE OF SAID NORTHEAST QUARTER THE SOUTHEAST QUARTER, 1346.19 FEET TO THE NORTH LINE OF
SAID DEEDED PARCEL C; THENCE SOUTH 89°02’15” EAST ALONG THE NORTH LINE OF SAID DEEDED
PARCEL C, 203.61 FEET; THENCE NORTH 89°40’16” EAST ALONG THE NORTH LINE OF SAID DEEDED PARCEL
C, 1127.58 FEET TO THE POINT OF BEGINNING;”
114330043 "THAT PARCEL OF LAND LOCATED IN A PORTION OF THAT CERTAIN PARCEL OF LAND
CONVEYED AS PARCEL C BY DEED RECORDED UNDER AUDITOR’S FILE NUMBER 1838729 RECORDS OF
FRANKLIN COUNTY, WASHINGTON, LOCATED IN A PORTION OF SECTION 3, TOWNSHIP 9 NORTH, RANGE
29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST COMER OFT HE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE
NORTH 89°11’53” EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 1331.56 FEET TO THE
SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE NORTH 01
°55’38” EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER,
1341.60 FEET TO THE NORTHEAST COMER THEREOF; THENCE SOUTH 89°26’04” WEST ALONG THE NORTH
LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, 1323.71 FEET TO THE WEST LINE OF
SAID DEEDED PARCEL C; THENCE SOUTH 01°09’09” WEST ALONG THE WEST LINE OF SAID DEEDED PARCEL
C, 525.68 FEET; THENCE SOUTH 02°57’09” WEST ALONG THE WEST LINE OF SAID DEEDED PARCEL C,
821.93 FEET TO THE POINT OF BEGINNING;”
Page 75 of 169
114330044 "THAT PARCEL OF LAND BEING THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 3, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER OF SECTION 3; THENCE NORTH 01°55’56” EAST, ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER, 1336.10 FEET TO THE NORTHEAST CORNER THEREOF; THENCE
SOUTH 89°26’04” WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER, 1331.43 FEET TO THE NORTHWEST COMER THEREOF; THENCE SOUTH 01°55’38” WEST ALONG
THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 1341.60 FEET TO THE
SOUTHWEST COMER THEREOF; THENCE NORTH 89°11’53” EAST ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 1331.56 FEET TO THE POINT OF BEGINNING;”
114330045 "A PORTION OF SECTION 3, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN
COUNTY, WASHINGTON, ALSO BEING A PORTION OF 'PARCEL D' AS SHOWN ON FRANKLIN COUNTY
RECORD OF SURVEY FOR SEGREGATION RECORDED IN VOLUME 3 OF SURVEYS AT PAGE 649, UNDER
AUDITOR’S FILE NUMBER 1837780, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF SAID SECTION 3 AND SAID 'PARCEL D'; THENCE ALONG THE WEST LINE OF SAID SECTION 3,
NORTH 0°54'52"" EAST A DISTANCE OF 1357.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG THE WEST LINE OF SAID SECTION, NORTH 00°54'52” EAST A DISTANCE OF 1357.86
FEET TO THE NORTHWEST CORNER OF SAID 'PARCEL D’ AND THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF SAID SECTION 3; THENCE LEAVING SAID WEST LINE, NORTH 89°41'26” EAST
ALONG THE NORTH LINE OF SAID 'PARCEL D’ A DISTANCE OF 933.25; THENCE CONTINUING ALONG SAID
NORTH LINE NORTH 89°23'50” EAST A DISTANCE OF 397.17 FEET TO A POINT OF INTERSECTION WITH THE
EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE
LEAVING SAID NORTH LINE, SOUTH 00°54’59” WEST ALONG SAID EAST LINE A DISTANCE OF 1330.40 FEET
TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE
SOUTH 88°25’18"" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER A DISTANCE OF 1331.28 FEET TO THE TRUE POINT OF BEGINNING."
114330046 “A PORTION OF SECTION 3, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN
COUNTY. WASHINGTON, ALSO BEING A PORTION OF 'PARCEL D' AS SHOWN ON FRANKLIN COUNTY
RECORD OF SURVEY FOR SEGREGATION RECORDED IN VOLUME 3 OF SURVEYS AT PAGE 649, UNDER
AUDITOR’S FILE NUMBER 1837780, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF SAID SECTION 3 AND SAID 'PARCEL D'; THENCE ALONG THE WEST LINE OF SAID SECTION 3,
NORTH 00°54'52” EAST A DISTANCE OF 2715.72 FEET TO THE NORTHWEST CORNER OF SAID 'PARCEL D’
AND THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER 0F SAID SECTION 3; THENCE LEAVING SAID
WEST LINE, NORTH 89°41’26”EAST ALONG THE NORTH LINE OF SAID 'PARCEL D' A DISTANCE OF 933.25
FEET; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89°23'50” EAST A DISTANCE OF 397.17 FEET
TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 3 AND THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID
NORTH LINE NORTH 89°23’50" EAST A DISTANCE OF 518.80 FEET; THENCE CONTINUING ALONG SAID
NORTH LINE NORTH 86°39’02”EAST A DISTANCE OF 813.71 FEET TO THE CENTER OF SAID SECTION 3 AND
THE NORTHEAST CORNER OF SAID ’PARCEL D'; THENCE SOUTH 01°55'07” WEST ALONG THE EAST LINE OF
SAID ’PARCEL D’ A DISTANCE OF 771.98; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00°08'56”
WEST A DISTANCE OF 574.47 FEET TO A POINT OF INTERSECTION WITH THE PROJECTED SOUTH LINE OF
SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE LEAVING SAID EAST LINE, SOUTH
Page 76 of 169
88°25'18” ALONG SAID SOUTH LINE AND THE EASTERLY PROJECTION THEREOF A DISTANCE OF 1339.01
FEET TO THE SOUTHWEST CORNER OF THE NORTH‐EAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 3; THENCE NORTH 00°54'59”EAST ALONG THE WEST LINE OF SAID NORTH‐EAST QUARTER
OF THE SOUTHWEST QUARTER A DISTANCE OF 1330.40 FEET TO THE POINT OF BEGINNING.”
114330047 “A PORTION OF SECTION 3, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN
COUNTY, WASHINGTON, ALSO BEING A PORTION OF 'PARCEL D' AS SHOWN ON FRANKLIN COUNTY
RECORD OF SURVEY FOR SEGREGATION RECORDED IN VOLUME 3 OF SURVEYS AT PAGE 649. UNDER
AUDITOR’S FILE NUMBER 1837780, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF SAID SECTION 3 AND SAID 'PARCEL D'; THENCE ALONG THE SOUTH LINE OF SAID SECTION 3
AND THE SOUTH LINE OF SAID 'PARCEL D', NORTH 88°10'57” EAST A DISTANCE OF 1331.49 FEET TO THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3
AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE, NORTH 00°54'59” EAST ALONG
THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 1352.30
FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE NORTH 88°25'18” EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND THE EASTERLY PROJECTION THEREOF A DISTANCE OF 1339.01 FEET TO A
POINT OF INTERSECTION WITH THE EAST LINE OF SAID ’PARCEL D'; THENCE SOUTH 00°08'5‘6" WEST
ALONG THE EAST LINE OF SAID 'PARCEL D’ A DISTANCE OF 525.54 FEET; THENCE CONTINUING ALONG
SAID EAST LINE, SOUTH 01°56’56” WEST A DISTANCE OF 821.71 FEET TO THE SOUTHEAST CORNER OF
SAID 'PARCEL D' AND THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE
SOUTH 88°10'57” WEST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION A
DISTANCE OF 1331.49 FEET TO THE POINT OF BEGINNING.”
114330048 “A PORTION OF SECTION 3, TOWNSHIP 9 NORTH, RANGE 29 EAST, ALSO BEING PARCEL D
AS SHOWN ON FRANKLIN COUNTY RECORD OF SURVEY UNDER AUDITOR’S FILE NUMBER 1899129,
DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 3,
TOWNSHIP 9, NORTH, RANGE 29 EAST, WM, FRANKLIN COUNTY WASHINGTON.”
“114250016 “The Southwest ¼ of Section 2, Township 9 North Range 29 East, exclusive of that portion
intersecting with Tri-Cities Airport Clear Zone #2, as depicted in Exhibit B”
Page 77 of 169
CITY LIMITS
CITY LIMITS
ROAD 68SANDIFUR P K W YROAD 68 NCLARK RD
BURNS RDTAYLORFLAT SRDZ
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114250016
114330031
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114330042114330041
114330043114330047
114330046114330045
114330048
Urban Growth Boundary
Urban Growth Boundary
Urban Growth Bounda r y
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Feet
"Exhibit B"
Item: Olberding & Farm 2005 Annexation
Applicants: Allen & Cheryl Olberding & Steve West/Farm 2005
File #: ANX 2021-003
ANX 2021-003 City Option 01
City Limits
UGA 2021
COP.SDE.Airport_Clear_Zone
Layer
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6Page 78 of 169
CITY LIMITS
CITY LIMITS
ROAD 68SANDIFUR P K W YROAD 68 NCLARK RD
BURNS RDTAYLORFLAT SRDZ
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1
Z
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Zone
3 Zone 3Zone 5Zone 5
114250016
114330031
114330044
114330042114330041
114330043114330047
114330046114330045
114330048
Urban Growth Boundary
Urban Growth Boundary
Urban Growth Bounda r y
Benton County WA, Pasco GIS, Maxar
0 1,000 2,000 3,000 4,000500
Feet
0 1,000 2,000 3,000 4,000500
Feet
Overview
Map
Item: Olberding & Farm 2005 Annexation
Applicants: Allen & Cheryl Olberding & Steve West/Farm 2005
File #: ANX 2021-003
ANX 2021-003 City Option 01
City Limits
UGA 2021
COP.SDE.Airport_Clear_Zone
Layer
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6Page 79 of 169
CITY LIMITS CITY LIMITS
ROAD 68CLARK RD
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2Zone 3Zone 3114250016
114330031
114330044
114330042114330041
114330043114330047
114330046114330045
114330048
Urban Growth Boundary
Urban Growth Boundary
U
rb
an
Growth Bou n d a r y
Benton County WA, Pasco GIS, Maxar
0 1,000 2,000 3,000 4,000500
Feet
0 1,000 2,000 3,000 4,000500
Feet
Vicinity
Map
Item: Olberding & Farm 2005 Annexation
Applicants: Allen & Cheryl Olberding & Steve West/Farm 2005
File #: ANX 2021-003
ANX 2021-003 City Option 01
City Limits
UGA 2021
COP.SDE.Airport_Clear_Zone
Layer
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6Page 80 of 169
RECEIVED
MAY 2 8 2021
COMMUNITY & ECONOMIC
NOTICE OF INTENTION TO COMMENCE ANNEXATIO �PMENT ------1
TO: The City Council of the City of Pasco
525 North Third Avenue
Pasco, Washington 99301
Council Members:
The undersigned, who are the owners of not less than ten percent in value, according to
the assessed valuation for general taxation of the property for which annexation is
sought, hereby advise the City Council of the City of Pasco that it is the desire of the
undersigned owners of the following area to commence annexation proceedings.
The property herein referred to is described on Exhibit "A" attached hereto and is
depicted on Exhibit "B" further attached hereto.
It is requested that the City Council of the City of Pasco set a date not later than sixty
days after the filing of this request for a meeting with the undersigned to determine:
(1)Whether the City Council will accept the proposed annexation; and,
(2)Whether the City Council will require the assumption of existing City
indebtedness by the area to be annexed; and,
(3)Whether the City Council will require simultaneous zoning.
This page is one of a group of pages containing identical text material and is intended by
the signers of this Notice of Intention to be presented and considered as one Notice of
Intention and may be filed with other pages containing additional signatures which
cumulatively may be considered as a single Notice of Intention.
Page 81 of 169
Legal Description -Olberding Project (Master File #ANX 2021-003)
Property located in the Southeast quarter of Section 3 Township 9 North, Range 29 East, Willamette Meridian,
Franklin County, Washington, comprising four tax parcels described as follows:
PARCEL A: 114-330-041
That parcel of land located in a portion of that certain parcel of land conveyed as Parcel C by deed recorded under
Auditor's File No. 1838729 records of Franklin County, Washington, located in a portion of Section 3, Township 9
North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows:
Beginning at the Northwest corner of the Southeast quarter of said Section 3; Thence South 01 °S5'20" West along the
West line of said deeded Parcel C, 772.18 feet; Thence South 01°09'09" West along the West line of said deed Parcel
C, 574.63 feet to the South line of the Northwest quarter of said Southeast quarter; Thence North 89 °26'04" East
along the South line of said Northwest quarter, 1323.71 feet to the Southeast corner thereof; Thence North 01 °55'38"
East along the East line of said Northwest quarter, 1346.19 feet to the North line of said deeded Parcel C; Thence
North 89 °02'15" West along the North line of said deeded Parcel C, 406.65 feet; Thence South 88°49'09" West along
the North line of said deeded Parcel C, 925.06 feet to the Point of Beginning.
PARCEL B: 114-330-042
That parcel of land located in a portion of that certain parcel of land conveyed as Parcel C by deed recorded under
Auditor's File No. 1838729 records of Franklin County, Washington, located in a portion of Section 3, Township 9
North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows:
Beginning at the Northeast corner of the Southeast quarter of said Section 3; Thence South 01 °55'56" West along the
East line of said Southeast quarter, 1336.10 feet to the Southeast corner of the Northeast quarter of said Southeast
quarter; Thence South 89°26'04" West along the South line of said Northeast quarter of said Southeast quarter,
1331.43 feet to the Southwest corner thereof; Thence North 01 °55'38" East along the West line of said Northeast
quarter of the Southeast quarter, 1346.19 feet to the North line of said deeded Parcel C; Thence South 89 °02'15" East
along the North line of said deeded Parcel C, 203.61 feet; Thence North 89 °40'16" East along the North line of said
deeded Parcel C, 1127.58 feet to the Point of Beginning.
Parcel C: 114-330-043
That parcel of land located in a portion of that certain parcel of land conveyed as Parcel C by deed recorded under
Auditor's File No. 1838729 records of Franklin County, Washington, located in a portion of Section 3, Town ship 9
North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows:
Beginning at the Southwest corner of the Southeast quarter of said Section 3; Thence North 89°11'53" Est along the
South line of said Southeast quarter 1331.56 feet to the Southeast corner of the Southwest quarter of said Southeast
quarter; Thence North 01 °55'38" East along the East line of said Southwest quarter of the Southeast quarter, 1341.60
feet to the Northeast corner thereof; Thence South 89 °26'04" West along the North line of said Southwest quarter of
the Southeast quarter of the Southeast quarter, 1323. 71 feet to the West line of said deeded Parcel C; Thence South
01°09'09" West along the West line of said deeded Parcel C, 525.68 feet; Thence South 02°57'09" West along the
West line of said deeded Parcel C, 821.93 feet to the Point of Beginning.
Page 1
Page 82 of 169
Exhibit "A"
Legal Description -Olberding Project (Master File #ANX 2021-003)
PARCEL D: 114-330-044
That parcel of land being the Southeast quarter of the Southeast quarter of Section 3, Township 9 North, Range 29
East, Willamette Meridian, Franklin County, Washington, described as follows:
Beginning at the Southeast corner of said Southeast quarter of Section 3; Thence North 01 °55'56" East along the East
line of said Southeast quarter of the Southeast quarter, 1336.10 feet to the Northeast corner thereof; Thence South
89"26'04" West along the North line of said Southeast quarter of the Southeast quarter, 1331.43 feet to the
Northwest corner thereof; Thence South 01 °55'38" West along the West line of said Southeast quarter of the
Southeast quarter, 1341.60 feet to the Southwest corner thereof; Thence North 89 °11'53" East along the South line
of said Southeast quarter of the Southeast quarter, 1331.56 feet to the Point of Beginning.
Page2
Page 83 of 169
Overview
Map
Item: Olberding Annexation
Applicant: RP Development
File#: ANX 2021-003
l-======,-11\/Yi Rd
Page 84 of 169
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the pe»alty of perjury, I de7iaJ� under oath, tha ) am authorized to sign deeds and
encumbrance,s on behalf of fi//G/U ;((i,:£-.. ,✓v b and I am further
authorized (c5 sign other documents including Notices of Intent and Petitions.
State of Washington
County of TuV\kDO
): ss.
)
Date
I certify that I know or have satisfactory evidence that .L..!..l......,..�_..,.__.......,......,_,-'-""".,__ is the person who appeared
before me, and said person acknowledged that (he/she) signed this i trument, on oath stated that
(he/she) was authorized to execute the instrument and acknowledged it as
the ·md.\\/\d\la.] of PC'Lsc.o, Wf\ tobe the free and voluntaryact
of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this tD day of 'fY\f-'-�---�=---..c...,A----------'' 2020
,,,,,,1111111,,,,, �'''c,"SEY J IA,,,,,,. � r. • • • .-.'"Jlf/< � #" . • �o,tm,t�,i; ·• >-. �
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NOTARY PUBLIC i nd for the State of Washington
Residing at: ct'.)CJ,_Y)Y\,OX�
My Commission Expires: 1-::l 9.:;b\ ! (1M) j /-""13/2,'--(
Page 85 of 169
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, I d dare und r oath, that I am authorized to sign deeds and
encumbrances on behalf of ¼ and I am further
authorized to sign other documents inc cling Notices of Intent and
State of Washington
County o(BeY\&J)Y) ): ss. )
/
I certify that I know or have satisfactory evidence that � · is the person who appeared before me, and said person acknowledged that (he/she) s ned this instr ment, on oath stated that (he/she) was au:orized to execute the instrument and acknowledged it as the 1oct1v1du�L of 1/(),<,c01L:VA tobe the free and voluntaryact of such party for the uses and purposes mentioned in the instrument.
NOTARY PUBLI n and for the State of Washington
Residing at: '1::xnnVLRK'Tu V\ .k:' ...My Commission Expires: \ \ 7/� l™ I '
Page 86 of 169
1.Please print your name in addition to signing.
Page 87 of 169
MEYER, FLUEGGE & TENNEY, P.S. DENNIS L. FLUEGGE
ROBERT C. TENNEY
MARK D. WATSON* JEROME R. AIKEN*
JOHN A. MAXWELL, JR.
PETER M. RITCHIE**
JAMES C. CARMODY
*Also admitted in Oregon
**Also admitted in Virginia
June 1, 2021
Jeff Adams
City of Pasco
Planning Department
525 North Third Avenue
Pasco, WA 99301
ATTORNEYS & COUNSELORS
230 SOUTH SECOND STREET, SUITE 101
P.O. BOX 22680
YAKIMA, WASHING TON 98907-2680
Re: Notice of Intent to Annex -Allen & Cheryl Olberding
Franklin County Assessor Parcel No. 114-330-031
Dear Mr. Adams:
SEAN M. WORLEY
JACOB A. LARA
KINDRA K. CRAWFORD
*DEREK L. GAUTHIER
ROBERT S. URLOCKER
OF COUNSEL
GARY E. LOFLAND
carmod y@mftlaw.com
I have enclosed the Notice of Intent to Annex on behalf of Allen & Cheryl Olberding. The original
Notice is attached as Attachment A. We would request that all correspondence with respect to the
annexation be directed to the undersigned. My email address is carmody@mftlaw.com.
Thank you for your consideration.
Very truly yours,
ME E LUEGGE & TENNEY, P.S.
�[E � re u \YI rem l1l] JUN O 2 2021 w
By6\,� t'.� �Telephone 509-575-8500 • Fax 509-575-4676 • www.mftlaw.com Page 88 of 169
Page 89 of 169
NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES
TO: The City Council of the City of Pasco
525 North Third A venue
Pasco, Washington 99301
Council Members:
The undersigned, who are the owners of not less than ten percent in value, according to the
assessed valuation for general taxation of the property for which annexation is sought,
hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners
of the following area to commence annexation proceedings.
The property herein referred to is described on Exhibit "A" attached hereto and is
depicted on Exhibit "B" further attached hereto.
It is requested that the City Council of the City of Pasco set a date not later than sixty days after
the filing of this request for a meeting with the undersigned to determine:
(1)Whether the City Council will accept the proposed annexation; and,
(2)Whether the City Council will require the assumption of existing City
indebtedness by the area to be annexed; and,
(3)Whether the City Council will require simultaneous zoning.
This page is one of a group of pages containing identical text material and is intended by the
signers of this Notice oflntention to be presented and considered as one Notice oflntention and
may be filed with other pages containing additional signatures which cumulatively may be
considered as a single Notice of Intention.
Page 90 of 169
MAYRA VALDOVINOS-GARCIA Notary Public
State of Washington
Commission# 188668 My Expires Nov 29, 2024
Page 91 of 169
State of Washington )
) ss.
County of Y.akitna )
�\t(l
I certify that I know or have satisfactory evidence that Cheryl Olberding is the person who
personally appeared before me and that said person acknowledged that they signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument.
Dated this /l J"i---" day of June, 2021.
MAYRA VALDOVINOS-GARCIANotary Public State of WashingtonCommission # 188668My Comm. Exptres Nov 29, 2024
Page 92 of 169
EXHIBIT A
LEGAL DESCRIPTION
Franklin County Assessor Parcel No. 114-330-031
Parcel B, Short Plat 2020-31, according to the plat thereof recorded in Volume 2
of Short Plats, Page 387, records of Franklin County, Washington.
THIS LEGAL DESCRIPTION IS BASED UPON WHAT IS COMMONLY
KNOWN OF RECORD.
Page 93 of 169
Overview
Map
MELODY
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APPLICANT: OLBERDING
OWNER: OLBERDI NG
CITY LIMITS
/
Page 94 of 169
Page 95 of 169
1.Please print your name in addition to signing.
Address Date
Page 96 of 169
MEYER, FLUEGGE & TENNEY, P.S. DENNIS L. FLUEGGE
ROBERT C. TENNEY
MARK D. WATSON*
JEROME R. AIKEN*
JOHN A. MAXWELL, JR.
PETER M. RITCHIE**
JAMES C. CARMODY
*Also admitted in Oregon
**Also admitted in Virginia
June 1, 2021
Jeff Adams
City of Pasco
Planning Department
525 North Third A venue
Pasco, WA 99301
ATTORNEYS & COUNSELORS
230 SOUTH SECOND STREET, SUITE IOI
P.O. BOX 22680 YAKIMA, WASHINGTON 98907-2680
Re: Intent to Annex-Farm 2005, LLC
Franklin County Assessor Parcel No. 114-250-016
Dear Mr. Adams:
SEAN M. WORLEY
JACOB A. LARA
KINDRA K. CRAWFORD
*DEREK L. GAUTHIER
ROBERT S.URLOCKER
OF COUNSEL
GARY E. LOFLAND
carmody@mftlaw.com
I have enclosed the Notice of Intent to Annex on behalf of Farm 2005, LLC. The original Notice is
attached as Attachment A. We would request that all correspondence with respect to the annexation be
directed to the undersigned. My email address is carmody@mftlaw.com.
Thank you for your consideration.
E & TENNEY, P.S.
Enclosures
1� lE ms [E a w [E � lill JUN O 2 2021 w
By\�& , -,:';;.)�
Telephone 509-575-8500 • Fax 509-575-4676 • www.mftlaw.com Page 97 of 169
Page 98 of 169
NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES
TO: The City Council of the City of Pasco
525 North Third Avenue
Pasco, Washington 99301
Council Members:
The undersigned, who are the owners of not less than ten percent in value, according to the
assessed valuation for general taxation of the property for which annexation is sought,
hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners
of the following area to commence annexation proceedings.
The property herein referred to is described on Exhibit "A" attached hereto and 1s
depicted on Exhibit "B" further attached hereto.
It is requested that the City Council of the City of Pasco set a date not later than sixty days after
the filing of this request for a meeting with the undersigned to determine:
( 1)Whether the City Council will accept the proposed annexation; and,
(2)Whether the City Council will require the assumption of existing City
indebtedness by the area to be annexed; and,
(3)Whether the City Council will require simultaneous zoning.
This page is one of a group of pages containing identical text material and is intended by the
signers of this Notice oflntention to be presented and considered as one Notice oflntention and
may be filed with other pages containing additional signatures which cumulatively may be
considered as a single Notice of Intention.
Page 99 of 169
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of Farm 2005, LLC and I am further authorized to sign other doc uments
incl ing Notices of Intent and Petition.
FA
By: Date �,
STATE OF WASHINGTON )
) ss.
County of ¥ftlttma "Bur�/'I
I certify that I know or have satisfactory evidence that Steve West is the person who appeared before
me, and signed this instrument, on oath stated that they were authorized to execute the instrument and acknowl
edged it as a Member of Farm 2005, LLC, a Washington limited liability company, to be the free and voluntary
act of such limited liability company for the uses and purposes mentioned in this instrument.
Dated: June _/_, 2021.
NANCY HIRAI
NOTARY PUBLIC #49019
STATE OF WASHINGTON
COMM1SSION EXPIRES JULY 22, 2024
� 5-»"rt?--.J
PrimedN�
NOTAR UBLIC
Residing at: ,fM�L Ul'I
My Commission Expires: 4/4 �-F /7
Page 100 of 169
EXHIBIT A
LEGAL DESCRIPTION
THIS LEGAL DESCRIPTION IS BASED UPON LAST DEED OF RECORD
Page 101 of 169
CLARK RD
JANET RD
IVYRD
MELODYLN
Page 102 of 169
114330049
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/ 114330042
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LBERDING, ALLEN
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FARM 2005 LLC Page 103 of 169
1.Please print your name in addition to signing.
Page 104 of 169
AGENDA REPORT
FOR: City Council July 1, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 7/19/21
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolution - Professional Services Agreement with RH2 Engineering for
Process Water Reuse Facility (PWRF) Pretreatment Improvements -
Phase 1: Potable Water & Electrical Improvements
I. REFERENCE(S):
Resolution
PSA
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, authorizing execution of the
Professional Manager City the Services (PSA) Agreement with by RH2
Engineering for the Process Water Reuse Facility (PWRF) Improvements
Project – Phase 1: Potable Water & Electrical Improvements project.
III. FISCAL IMPACT:
Professional Services Agreement: $394,205
Funded by a low-interest pre-construction loan from the WA Public Works Board.
IV. HISTORY AND FACTS BRIEF:
PWRF the for process selection consultant a performed Pasco of City
Pretreatment Improvements project in late 2019. The scope of the Pretreatment
improvements recommended in the PRWF Facility Plan includes the following:
• Extension of site utilities, piping infrastructure, and fire protection
• Additional winter storage capacity
• Influent screening and primary treatment upgrades
• Modifying 35 MG pond to include equalization and aeration system
RH2 Engineering (RH2) was determined to be the most qualified consultant for
this engineering work and was selected for this project.
Page 105 of 169
In early 2020, the City contracted with RH2 for a Value Engineering (VE) analysis
of three process alternatives for PWRF to address the needs of the facility and
its ratepayers in the near and long term. The results of this analysis suggest
higher level of treatment will be required to meet the project objective.
While the City continues to work with the facility stakeholders on defining the
ultimate technologies to be applied for pretreatment of the industrial wastewater,
backbone improvements were identified as an immediate need. Stakeholders
agreed to move forward with design and construction in a phased approach.
Due to the need to implement core facility improvements, the City requested that
RH2 design a 16-inch water main extension and associated appurtenances from
the East Foster Wells Road/Capital Avenue intersection to the PWRF. This will
provide a potable supply and fire protection for the Facility.
Upgraded power supplies to the PWRF are also needed based on future
improvements . This will include undergrounding the existing primary distribution
powerline serving the facility. These improvements are anticipated to be
constructed concurrently with the water main construction.
These two efforts (Potable Water and Electrical Improvements) constitute the
Phase 1 of Pretreatment Improvements at PWRF.
Pre-construction funds were awarded through the Public Works Board (PWB) in
2019. In 2020 City of Pasco also received an award of $500K from the Franklin
County Economic Development fund (.09) for this project. It also seems likely
the City will receive an additional $1M in Franklin County .09 funds for
construction of this project.
A separate agreement with RH2 will be forthcoming soon for the design of
additional Winter Storage ponds at the PWRF. This will be P hase 2 of the
Pretreatment Improvements.
V. DISCUSSION:
Staff recommends approval of the Professional Services agreement with RH2
Engineering for the PWRF Pretreatment Improvements – Phase 1: Potable
Water & Electrical Improvements Project in the amount of $394,205.00.
Page 106 of 169
Resolution – PSA with RH2 Engineering
PWRF Pretreatment Improvement Project – Phase 1 - 1
RESOLUTION NO. _________
A RESOLUTION AUTHORIZING EXECUTION OF THE
PROFESSIONAL SERVICES AGREEMENT (PSA) BY THE CITY MANAGER
WITH RH2 ENGINEERING FOR THE PROCESS WATER REUSE FACILITY
(PWRF) PRETREATMENT IMPROVEMENTS PROJECT – PHASE 1:
POTABLE WATER & ELECTRICAL IMPROVEMENTS.
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the City of Pasco has published an announcement of its Request for
Qualifications (RFQ) related to PWRF Pretreatment Improvements project in 2019 for
Architectural and Engineering services as required by RCW 39.80.030; and
WHEREAS, after a staff panel for the City of Pasco reviewed and scored responses from
three (3) firms and subsequently interviewed all firms, it determined the most highly qualified firm
to be RH2 Engineering pursuant to RCW 39.80.040; and
WHEREAS, the City of Pasco, pursuant to RCW 39.80.050(1), has negotiated a fair and
reasonable PSA with RH2 Engineering based on the estimated value of the services including their
scope, complexity, and professional nature; and
WHEREAS, the City of Pasco hereby finds that RH2 Engineering is the most highly
qualified firm to perform the necessary Architectural and Engineering services related to the
PWRF Pretreatment Improvements – Phase 1: Potable Water & Electrical Improvements Project,
and the negotiated contract is both fair and reasonable, for an amount not to exceed $394,205.00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager for the City of Pasco is hereby authorized to execute the
Professional Services Agreement with RH2 Engineering, a copy of which is attached hereto, and
incorporated herein by reference as Exhibit A, and to make minor substantive changes as
necessary to execute the Agreement; and
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
Page 107 of 169
Resolution – PSA with RH2 Engineering
PWRF Pretreatment Improvement Project – Phase 1 - 2
PASSED by the City Council of the City of Pasco, Washington, this ___ day of July 2021.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 108 of 169
Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-038
Process Water Reuse Facility (PWRF) Improvements – Water & Electrical Improvements Page 1 of 10
PROFESSIONAL SERVICES AGREEMENT
Process Water Reuse Facility (PWRF) Improvements – Water & Electrical Improvements
Agreement No. 21-038
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as “City”, and RH2 Engineering, Inc., hereinafter
referred to as “Consultant,” on the _______ day of _________________, 2021.
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including: technical and professional expertise,
when required, to perform the services and/or tasks as set forth in this Agreement upon which the
City is relying.
WHEREAS, the City has, consistent with RCW 39.80, published an announcement related
to its need for Architectural and Engineering services, evaluated Consultant’s current performance
data, and has determined that Consultant is the most highly qualified firm to perform the
Architectural and Engineering services related to the Process Water Reuse Facility (PWRF)
Improvements project; and
WHEREAS, the City’s Public Works Director finds that the Agreement with Consultant
is both fair and reasonable in light of the duties to be performed, the Consultant’s performance
data, and the nature and complexity of the project.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1.Scope of Services. The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, as identified and designated as Consultant’s Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in A, attached hereto and incorporated herein (the “Project”).
2.Term. This Project shall begin on the execution date listed above and promptly be
completed by 12/31/2024.
3.Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services. Such payment shall be full compensation for work performed or
Exhibit A
Page 109 of 169
Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-038
Process Water Reuse Facility (PWRF) Improvements – Water & Electrical Improvements Page 2 of 10
services rendered, and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
3.4 The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement, as follows.
☒ Hourly (Multiple Rate): Such rates as identified on B, plus actual expenses
incurred as provided under this Agreement, but not to exceed a total of
$394,205.00 without the prior written authorization by the City.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant’s activities. The City may,
at its discretion, conduct an audit at its expense, using its own or outside auditors,
of the Consultant’s activities which relate, directly or indirectly, to this Agreement.
Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses, registration
documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
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Agreement, and shall maintain such accounting procedures and practices as may be
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review, or
audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material relevant
to this Agreement for three (3) years after its expiration. Consultant agrees that the
City, or its designee, shall have full access and right to examine any of said
materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and documents
made, collected, or prepared by the Consultant for performing the services subject
to this Agreement, as well as any final product, collectively referred to as “work
product,” shall be deemed as the exclusive property of the City, including copyright
as secured thereon. Consultant may not use them except in connection with the
performance of the services under this Agreement or with the prior written consent
of the City. Any prior copyrighted materials owned by the Consultant and utilized
in the performance of the services under this Agreement, or embedded in with the
materials, products and services provided thereunder, shall remain the property of
the Consultant subject to a license granted to the City for their continued use of the
products and services provided under this Agreement. Any work product used by
the Consultant in the performance of these services which it deems as
“confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated
as such.
5.2 In the event of Consultant’s default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall become
the property of the City, and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of services
provided shall be prepared at no additional cost, if the Agreement is terminated
through default by the Consultant. If the Agreement is terminated through
convenience by the City, the City agrees to pay Consultant for the preparation of
the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
“Public Records Act.” All preliminary drafts or notes prepared or gathered by the
Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
6.2 If the Consultant becomes a custodian of public records of the City and request for
such records is received by the City, the Consultant shall respond to the request by
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the City for such records within five (5) business days by either providing the
records, or by identifying in writing the additional time necessary to provide the
records with a description of the reasons why additional time is needed. Such
additional time shall not exceed twenty (20) business days unless extraordinary
good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the pending
release and to reasonably cooperate with any legal action which may be initiated
by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant. No
agent, employee, officer or representative of the Consultant shall be deemed to be
an employee, agent, officer, or representative of the City for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the
City provides for its employees. The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City’s general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any employee,
agent or servant from employment on this Project who, in the City’s sole discretion,
may be detrimental to the City’s interest.
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8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or resulting from the
acts, errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City.
8.2 However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant, and the City, its officers, officials,
employees, and volunteers, the Consultant’s liability, including the duty and cost
to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is
further specifically and expressly understood that the indemnification provided
herein constitutes the Consultant’s waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant’s delayed or failed performance of Section 6 above.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, its
agents, representatives, employees, or subcontractors. The Consultant’s maintenance of
insurance as required by the Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance, or otherwise limit the City’s
recourse to any remedy available at law or in equity.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and
coverage described below:
9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office (ISO) form CA 00 01.
9.1.2 Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under
the Consultant’s Commercial General Liability insurance policy with
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respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant’s profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no less
than:
☒ $2,000,000 each occurrence; and
☒ $2,000,000 general aggregate;
9.2.3 Professional Liability insurance shall be written with limits no less than:
☒ $2,000,000 per claim; and
☒ $2,000,000 policy aggregate limit;
9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional
Liability, and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any
insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including, but not
necessarily limited to, the additional insured endorsement, evidencing the insurance
requirements of the Agreement before commencement of the work.
9.6 Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation within two (2) business days of their receipt of such
notice.
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9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher
insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the
Consultant are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Consultant.
9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the
City may, after giving five (5) business days notice to the Consultant to correct the
breach, immediately terminate the Agreement or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of
the City, offset against funds due the Consultant from the City.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental
or physical handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The Consultant shall ensure that applicants
are employed, and that employees are treated during employment in the performance of
this Agreement without discrimination because of their race, creed, color, national origin,
sex, marital status, age or the presence of any sensory, mental or physical handicap.
Consultant shall take such action with respect to this Agreement as may be required to
ensure full compliance with local, State and Federal laws prohibiting discrimination in
employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance under
this Agreement or any portions of this Agreement without the prior written consent
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of the City, which consent must be sought at least thirty (30) days prior to the date
of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local, State
and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement, must
have prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written notice
in advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions of
this Agreement and fails to correct such noncompliance within five (5) business
days of written notice thereof, the City may terminate this Agreement for cause.
Termination shall be effected by serving a notice of termination on the Consultant
setting forth the manner in which the Consultant is in default. The Consultant will
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators; or
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: Brittany Whitfield, P.E., or his/her designee
Senior Engineer
525 North 3rd
PO Box 293
Pasco WA 99301
WhitfieldB@pasco-wa.gov (e-mail address)
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14.3.2 For the Consultant: Paul Cross, P.E., or his/her designee
Principal
114 Columbia Point Drive, Suite C
Richland, WA 99352
pcross@rh2.com (e-mail address)
15. Dispute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the dispute
cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right
of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17. Integration. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules or attachments. Any modification of this Agreement or change
order affecting this Agreement shall be in writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY OF PASCO, WASHINGTON CONSULTANT
Dave Zabell – City Manager Paul Cross, P.E. - Principal
ATTEST:
Debra C. Barham, City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC, City Attorney
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1
Scope of Work
City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project
Phase 1: Potable Water & Electrical Improvements
July 2021
Background
The City of Pasco (City) has requested that RH2 Engineering, Inc., (RH2) design a 16-inch water main
extension and associated appurtenances from near East Foster Wells Road and Capital to the Process
Water Reuse Facility (PWRF) for potable supplies and fire protection . The work will include details to
underground the primary distribution powerline owned and operated by Public Utility District No. 1
of Franklin County (FPUD) in the easement north from East Foster Wells Road concurrently with the
water main construction.
Tasks to complete this project are outlined in this Scope of Work.
Task 1 – Project Management Services
Objective: Manage RH2’s project team and maintain frequent client communications. Maintain
project schedules and prepare monthly invoices and budget status summaries.
Approach:
Provide direction, coordination, and oversight to the RH2 project team. Organize, manage, and
coordinate technical disciplines as described herein, and implement quality assurance and
quality control (QA/QC) reviews to execute this Scope of Work in close coordination with City
staff.
Document and retain information generated during the execution of the project.
Prepare monthly invoices and budget status summaries.
Create, maintain, and update a project design schedule. Monitor, modify, and update the
project schedule throughout the design phase to determine potential impacts of proposed
changes. Adjust the schedule to reflect the current status of the project and revisions made to
this Scope of Work.
RH2 Deliverables:
•Monthly invoices and budget status summaries in electronic PDF.
•Project schedule updates in electronic PDF.
EXHIBIT A
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City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
2
Task 2 – Subsurface Investigation and Preliminary Water Design
Objective: Obtain existing site information from available as-built drawings provided by the City.
Obtain subsurface data relevant to this project. Analyze water main size and develop cost estimates
for the water main replacement construction.
Approach:
Confirm the proposed connection points to the City’s water system for the project based on
as-built information.
Review available construction records, asphalt coring logs, as-built information, and potholes.
Coordinate with City staff and a subconsultant to RH2 to perform a geotechnical investigation,
coring, and potholing along the proposed alignment to assess soils and groundwater conditions.
This subtask assumes up to thirty (30) potholing and coring locations; potholes will be
approximately 10 feet deep, and cores will be approximately 5 feet deep.
Perform a visual observation of the site to confirm the interfering utility data obtained from the
City to the degree possible by surface observation. Collect additional site data relating to the
interfering utilities.
Provide up to ten (10) hours of RH2 staff time to perform desktop investigations to assist with
determining permitting requirements for any utility relocations required for the project.
Provide an analysis of proposed water main size (16 inches versus 12 inches), including hydraulic
modeling. Approximately eight (8) hours of RH2 staff time are anticipated for modeling.
Prepare a technical memorandum summarizing the coring and potholing results and
recommendations and water main size recommendation.
Attend one (1) meeting with City staff to review findings, receive staff comments, and confirm
the extents of the improvements. Prepare meeting agenda and minutes.
Assumptions:
•RH2 will rely upon the accuracy and completeness of information, data, and materials
generated or produced by the City, FPUD, or others in relation to this Scope of Work.
•It is assumed that the water main replacement construction will be done in the right-of-way
(ROW) or within a defined easement with existing utilities on both sides; therefore, there is no
need to research or provide services for easement acquisitions.
•It is assumed that no utilities with cathodic protection are present in the vicinity of the
proposed alignment.
•Meetings are assumed to take place at the City’s public works and engineering offices but may
take place virtually depending on health and safety protocols in effect at the time of the
meeting. The City and RH2 will mutually agree on the meeting format.
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City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
3
Provided by the City:
•Construction and as-built records, as available, for the water main alignment.
•Previous geotechnical investigation reports and construction photos in the area.
•Attendance at one (1) meeting to review findings, confirm extents of improvements, and
provide comments.
RH2 Deliverables:
•Technical memorandum summarizing the geotechnical recommendations and pipeline
material selection in electronic PDF format.
•Water main size analysis, including hydraulic modeling.
•Attendance at one (1) meeting to review findings, confirm extents of improvements, and
discuss City staff comments. Meeting agenda and minutes in electronic PDF format.
Task 3 – Supplemental Survey Information
Objective: Coordinate with a local professional land surveyor as a subconsultant to RH2 to provide
the vertical and horizontal control and supplemental topographical mapping necessary for design of
the water main and powerline extensions.
Approach:
Coordinate with the City to obtain the CAD file from the Columbia force main project that used
the same topography and boundary files.
Format survey data for use in this project. Create base map for project design using RH2
standards.
Coordinate with a surveyor to obtain additional subsurface utility information to supplement
the survey data from the Columbia force main project. Coordinate with City staff to provide
utility potholing to determine utility depths. Incorporate findings into the plans.
Assumptions:
•Survey provided from the Columbia force main project includes topography for full ROW width
and boundary files for the extent of the project. A complete design survey will not be necessary
for this project. Instead, supplemental survey data along the proposed project alignment will
be obtained by the survey subconsultant.
Provided by the City:
•Markings of existing utilities.
RH2 Deliverables:
•Base map for design documents.
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City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
4
Task 4 – Preliminary Power Design
Objective: Coordinate with FPUD to determine the size and number of conduits, the spacing and type
of utility vaults, and the clearances needed from other underground utilities necessary to
underground the FPUD overhead powerline.
Approach:
Coordinate with FPUD to obtain GIS shape files for the existing power distribution lines and
service taps.
Review the existing and future loads provided by the overhead line from East Foster Wells Road
to the PWRF.
Coordinate with FPUD to confirm the FPUD standards for this project, including trench details,
conduit number and sizes, vaults and vault installation standards for primary and secondary
conductors, and easement details related to interferences with other underground utilities.
Provide an analysis of the power requirements for the proposed PWRF upgrade scenarios,
including the treatment options reviewed in the PWRF Value Engineering Study (RH2, March
2020) and Value Planning Project (CSI, 2021). Approximately eight (8) hours of RH2 staff time
are anticipated for modeling.
Assist FPUD with identifying the future loads and spare conduits necessary to feed future power
needs at the PWRF.
Attend one (1) virtual meeting with City staff to review assumptions and findings, receive staff
comments, and confirm the extents of the improvements.
Assumptions:
•It is assumed that all electrical service taps remain as existing ground-level pad-mounted
transformers with existing underground service.
•The design will utilize FPUD standard details and FPUD general contractual conditions and
forms to the extent applicable.
Provided by the City/FPUD:
•Construction and as-built records, as available, for both the primary and secondary power
alignments.
•Attendance at one (1) meeting to review findings, confirm extents of improvements, and
provide comments.
RH2 Deliverables:
•Technical memorandum summarizing the construction recommendations and electrical
material selections in electronic PDF format.
•Future power supply analysis.
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City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
5
•Attendance at one (1) meeting to review findings, confirm extents of improvements, and
discuss City staff comments.
Task 5 – Plans, Specifications, Estimate
Objective: Prepare 30-percent, 60-percent, agency review, and bid-ready submittal packages with
construction drawings, specifications (post 60-percent only), and cost estimates for the proposed
improvements.
Approach:
Incorporate topographic survey, along with City utility locates, City input, pothole data, and
available record data, to prepare base drawing.
Prepare cover sheet, general notes, and legends; three (3) sheets total.
Prepare 30-percent water main and power plan and profile sheets and details; twenty-five (25)
sheets.
Prepare 30-percent construction cost estimate.
Perform hydraulic calculations and prepare technical memorandum to document design
assumptions, basis, and methodology.
Prepare 60-percent technical specifications based on RH2’s modified Washington State
Department of Transportation (WSDOT) format.
Incorporate review comments and prepare 60-percent civil and electrical sheets and details,
including water main plans and profiles, detail sheets for electrical trench work and equipment
installation in accordance with FPUD standards, horizontal control, demolition, restoration, and
traffic control plans and details; fifty (50) sheets total.
Prepare 60-percent construction cost estimate.
Provide in-house QA/QC review of 60-percent plans, specifications, and estimate.
Incorporate review comments and prepare agency review technical specifications based on
RH2’s modified WSDOT format.
Incorporate review comments and prepare agency review plans.
Prepare agency review construction cost estimate.
Incorporate agency review comments and prepare bid-ready plans and specifications for
bidding.
Attend up to three (3) meetings with the City to discuss the plans, specifications, and estimate
at milestone submittals (30-percent, 60-percent, and agency review). Prepare meeting agenda
and minutes for each meeting.
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City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
6
Assumptions:
•It is assumed cathodic protection will not be needed for the proposed design.
•It is assumed that the new water main will be placed in the center of the traveled lane and
roadway restoration details will be necessary.
•It is assumed that easement negotiations or acquisitions will be performed by the City, if
needed.
•It is assumed that all electrical service taps remain as existing ground-level pad-mounted
transformers with existing underground service.
•No temporary services for water will be required.
•The design will utilize City standard details and City general contractual conditions and forms
to the extent applicable.
•The design does not include additional provisions for other utilities. If additional utilities are
added to this Scope of Work, an amendment will need to be mutually determined between
the City and RH2.
•No flagging or traffic control will be required to obtain the required survey data.
•Upon reviewing information, materials, or data provided by others in relation to this project,
RH2 will coordinate with the City to identify missing or incomplete information deemed
necessary to complete the work. Any work outside of this Scope of Work will be negotiated as
part of an amended scope of work.
•Meetings are assumed to take place at the City’s public works and engineering offices but may
take place virtually depending on health and safety protocols in effect at the time of the
meeting. The City and RH2 will mutually agree on the meeting format prior to each meeting.
Provided by City:
•Attendance at a site visit with RH2 staff to confirm details of preliminary alignment and road
restoration requirements.
•Attendance at meetings for 30-percent, 60-percent, and agency review design completion.
RH2 Deliverables:
•Six (6) sets of half-size plans for City review: two (2) for 30-percent design completion; two
(2) for 60-percent design completion; and two (2) for agency review design completion.
•Meeting agendas and minutes for each design review meeting in electronic PDF.
•Traffic Control Plan in electronic PDF.
Page 124 of 169
City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
7
Task 6 – Permitting Assistance
Objective: Assist the City with the preparation of necessary documents and permit submittals to
meet local and state requirements with regard to the State Environmental Policy Act (SEPA), Franklin
County’s (County) ROW permit and encroachment process, and required City permit processes.
Approach:
Prepare a draft SEPA Checklist for City staff review . Based on City staff comments, finalize the
SEPA Checklist and provide to City Planning staff for completion of a SEPA Determination and
subsequent publication.
Compile and submit construction drawings and specifications for FPUD review and project
approval.
Attend up to two (2) meetings with the City to discuss permitting tasks and progress. Prepare
meeting agenda and minutes for each meeting.
Prepare and submit a County ROW Permit application to the City for review and final submittal.
Prepare cultural and historic resources documentation for compliance with Section 106 of the
National Historic Preservation Act (NHPA), which is required for the project to receive Public
Works Board monies. Coordinate with a cultural resources consultant as a subconsultant to RH2
to perform applicable evaluations and on-site cultural survey work for the project site. RH2 will
prepare the EZ-1 forms as needed to define the project’s Area of Potential Effect (APE) and
coordinate review with the Washington State Department of Health (DOH) on its initial
determination, and the Washington State Department of Archaeology and Historic Preservation
(DAHP) and affected Indian Tribes. A subconsultant will prepare an Inadvertent Discovery Plan
(IDP) and a Cultural Resources Survey to assess potential project impacts, which also will be
provided to DAHP, the Tribes, and other regulatory agencies for consultation under Section 106
of the NHPA.
Assumptions:
•The project will receive Public Works Board monies, requiring compliance with a number of
state and federal statutes under the National Environmental Policy Act, including
cultural/historic reviews.
•If human remains are found within the project area, all cultural field investigations will cease
immediately, proper authorities will be notified, and field investigations will not resume until
applicable state laws are addressed.
•Initial determinations by DAHP may be delayed until the submittal of 60-percent design plans
can be included.
•No digging can occur after the Public Works Board application is submitted, including site
investigations or well drilling, until receiving approval from both Section 106 and SEPA.
•The IDP will follow DOH’s standard template for inclusion in the construction documents.
Page 125 of 169
City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
8
•The City will assist RH2 with supplying information required for the SEPA Checklist to the
extent that information is accessible to the City.
•No engineering report or plan review will be required for DOH review and approval.
•The City will submit all final permit applications directly.
•The City will pay all permit and review fees directly.
•No federal funds are involved in the project. No federal permitting, federal biological
assessments or evaluations, or U.S. Army Corps of Engineers permitting or coordination will
be involved.
•Archaeological monitoring, more detailed scientific assessment, or other requirements
imposed as part of the permit approval process will require an additional authorization and a
modification to this Scope of Work.
•Permitting-related work will be conducted on a time and expense basis with the goal that the
required permitting can be accomplished within the proposed permitting budget included in
the attached Fee Estimate.
•RH2 cannot warrant or guarantee any agency’s approval or response time.
•Meetings are assumed to take place at the City’s public works and engineering offices but may
take place virtually depending on health and safety protocols in effect at the time of the
meeting. The City and RH2 will mutually agree on the meeting format prior to each meeting.
Provided by City:
•Submittal of permit applications and payment of permit application fees.
•Easement negotiations, if necessary.
•Review and comment on draft permit applications prior to submittal.
•Determination and publication elements of permit applications.
RH2 Deliverables:
•Draft and final SEPA Checklist in electronic PDF format.
•One (1) completed County ROW permit in electronic PDF format.
•One (1) completed City ROW Permit in electronic PDF format.
•Attendance at up to two (2) meetings with agency and City staff. Meeting agendas and
minutes for each meeting in electronic PDF format.
Page 126 of 169
City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
9
Task 7 – Bid-Ready Plans, Specifications, and Construction Contract Documents
Objective: Prepare construction plans and specifications for bidding.
Approach:
Perform a detailed in-house QA/QC engineering review of the construction design plans and
specifications for quality and conformance to project requirements and City standards.
Submit 99-percent plans, specifications, and construction contract documents to the City for
final review or for City’s signature.
Revise plans, specifications, and construction contract documents per the in-house review and
City input, if any. It is assumed the revisions to the 99-percent documents, if any, will be minor.
Finalize the engineer’s estimate of probable construction cost based on the bid-ready design
plans.
Prepare bid-ready plans, specifications, and construction contract documents for bidding.
Provided by City:
•Review comments and information to prepare bid-ready plans, specifications, and
construction contract documents.
RH2 Deliverables:
•99-percent plans, specifications, and construction contract documents for City review and
signature, if needed, in electronic PDF.
•Five (5) hardcopy sets of bid-ready documents: two (2) sets for City use and bidding purposes;
and three (3) sets for RH2 files and staff use during bidding. Plan s will be shown at 1-inch
equals 20 feet on 11-inch by 17-inch sheets. It is assumed that plan sets will consist of fifty
(50) sheets maximum.
•Bid-ready construction contract documents and plan set in electronic PDF format. Plans will
be shown at 1-inch equals 20 feet on 22-inch by 34-inch sheets.
Task 8 – Services During Bidding
Objective: Provide engineering assistance throughout the bidding phase to prepare required
documentation and respond to contractor questions.
Approach:
Prepare bid documents in electronic PDF. Provide PDF to the City and submit bid package to
online plan center (i.e., QuestCDN).
Prepare advertisement for bids, contact potential bidders, and coordinate the timing and
placement of the bid advertisement with the City. The City will submit the advertisement to the
appropriate publications, and directly pay for the advertisements.
Page 127 of 169
City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
10
Respond to contractor and supplier questions during bidding, review product prequalification
requirements, and document responses to the file.
Prepare up to three (3) addenda when determined necessary to clarify, revise, or change
construction plans, technical specifications, or project conditions during the bidding process.
Attend one (1) site visit with prospective bidders and the City.
Review bids and assist the City with the evaluation of the qualifications and references for the
apparent low bidder. The City will administer the bid opening and prepare the bid tabulation to
verify total bid prices. The City will prepare and issue the project award recommendation letter.
Assumptions:
•Because services during bidding can vary in nature, RH2 will perform Task 8 services as
requested up to the amount included in the attached Fee Estimate. If needed, additional work
will be mutually determined by the City and RH2.
Provided by City:
•City to submit and pay for the advertisement to the appropriate publications.
RH2 Deliverables:
One (1) advertisement for bid in electronic PDF format.
Written responses to vendor and bidder questions during the advertisement phase, submitted
to the City in electronic PDF or via email.
Up to three (3) addenda in electronic PDF format.
Reference check of lowest bidder.
Task 9 – Services During Construction (Limited)
Objective: Provide services during project construction to support the City. As the engineer of record,
perform at least one (1) site visit for observation of construction progress. While not on site, work
with the City and its designated utility and special inspector to respond to technical questions and
issues. It is anticipated the City will take the lead in inspection and construction contract
administration and will handle day-to-day responsibilities.
Approach:
Assist the City for a maximum of one hundred twenty (120) hours to perform on-site
observation and respond to contractor’s requests for information (RFIs) or change orders.
Assumptions:
•It is assumed that the City will provide most services during construction. If the City determines
it needs technical support from RH2, a maximum of one hundred twenty (120) hours to respond
to contractor questions, observe construction activities, observe special inspections, or assist
with change orders will be provided in this Scope of Work and Fee Estimate. Effort for these
Page 128 of 169
City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
11
services in excess of one hundred twenty (120) hours are outside of this Scope of Work and will
be negotiated as part of an amended Scope of Work. RH2 is not responsible for site safety or
for directing the contractor in their work.
RH2 Deliverables:
•Applicable field observation reports and documentation in electronic PDF format.
Page 129 of 169
City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project Exhibit A
Phase 1: Potable Water & Electrical Improvements Scope of Work
12
Project Schedule
RH2 will commence with design and permitting work upon notice to proceed from the City.
It is anticipated that this contract will be approved by July 2021, that bidding will occur in January
2022, and that construction will commence before the end of March 2022. The schedule is
contingent on finalizing the preferred alignment within three (3) months of notice to proceed.
Page 130 of 169
EXHIBIT B
Fee Estimate
City of Pasco
Process Water Reuse Facility Pretreatment Improvements Project
Phase 1: Potable Water & Electrical Improvements
Jul-21
Description Total
Hours Total Labor Total Subconsultant Total Expense Total Cost
Classification
Task 1 Project Management Services 36 6,364$ -$ 324$ 6,688$
Task 2 Subsurface Investigation and Preliminary Water Design 107 19,339$ 17,250$ 1,627$ 38,216$
Task 3 Supplemental Survey Information 34 5,154$ 11,500$ 761$ 17,415$
Task 4 Preliminary Power Design 53 8,624$ -$ 1,233$ 9,857$
Task 5 Plans, Specifications, Estimate 1297 201,900$ -$ 29,174$ 231,074$
Task 6 Permitting Assistance 79 13,186$ 13,800$ 574$ 27,560$
Task 7 Bid-Ready Plans, Specifications and Construction Contract Documents 58 9,873$ -$ 1,182$ 11,055$
Task 8 Services During Bidding 49 8,404$ -$ 690$ 9,094$
Task 9 Services During Construction (Limited)120 19,872$ -$ 2,284$ 22,156$
PROJECT TOTAL 1833 292,716$ 42,550$ 37,851$ 373,117$
Page 131 of 169
RATE LIST RATE UNIT
Professional I $144 $/hr
Professional II $157 $/hr
Professional III $169 $/hr
Professional IV $187 $/hr
Professional V $198 $/hr
Professional VI $214 $/hr
Professional VII $226 $/hr
Professional VIII $235 $/hr
Professional IX $235 $/hr
Control Specialist I $130 $/hr
Control Specialist II $141 $/hr
Control Specialist III $154 $/hr
Control Specialist IV $169 $/hr
Control Specialist V $179 $/hr
Control Specialist VI $191 $/hr
Control Specialist VII $204 $/hr
Control Specialist VIII $214 $/hr
Technician I $108 $/hr
Technician II $119 $/hr
Technician III $136 $/hr
Technician IV $145 $/hr
Technician V $160 $/hr
Technician VI $175 $/hr
Technician VII $189 $/hr
Technician VIII $198 $/hr
Administrative I $72 $/hr
Administrative II $84 $/hr
Administrative III $99 $/hr
Administrative IV $118 $/hr
Administrative V $139 $/hr
CAD/GIS System $27.50 $/hr
CAD Plots - Half Size $2.50 price per plot
CAD Plots - Full Size $10.00 price per plot
CAD Plots - Large $25.00 price per plot
Copies (bw) 8.5" X 11"$0.09 price per copy
Copies (bw) 8.5" X 14"$0.14 price per copy
Copies (bw) 11" X 17"$0.20 price per copy
Copies (color) 8.5" X 11"$0.90 price per copy
Copies (color) 8.5" X 14"$1.20 price per copy
Copies (color) 11" X 17"$2.00 price per copy
Technology Charge 2.50%% of Direct Labor
Mileage $0.560
price per mile
(or Current IRS Rate)
Subconsultants 15%Cost +
Outside Services at cost
RH2 ENGINEERING, INC.
2021 SCHEDULE OF RATES AND CHARGES
Rates listed are adjusted annually. Page 132 of 169
AGENDA REPORT
FOR: City Council July 14, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 7/19/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Danilyuk Short Plat Sewer Service Requirement Appeal (APPL 2021-001)
Continued from June 21, 2021 Council Meeting
I. REFERENCE(S):
Exhibit A: Short Plat Application (SPLAT 2021-001)
Exhibit B: Proposed Short Plat
Exhibit C: Staff Memo
Exhibit D: Appeal (APPL 2021-001)
Exhibit E: Utility Service Waiver (USW 2021-002)
Exhibit F: USW Denial Letter
Exhibit G: Gerth Memo Road 96 Plat SEPA
Exhibit H: Memo Danilyuk 2021-05-27
Exhibit I: Land Capacity Analysis - Danilyuk
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONTINUE THE APPEAL HEARING
MOTION: I move to deny the sewer waiver appeal based on the application's
failure to meet the standard requirements found in the Pasco Municipal Code
Chapter 16.15.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Planning Department staff received a short plat application (SPLAT 2021 -001;
Exhibit A) from applicant Tony Danilyuk in late January 2021 to subdivide a 2.2 -
acre parcel into three lots (Exhibit B, Proposed Short Plat).
Page 133 of 169
After City staff reviewed the proposal, it was determined that a requirement for
short plat approval must include the installation of sewer service utilities (Exhibit
C, Staff Memo). Staff referred to provisions in the Pasco Municipal Code (PMC)
Section 16.15.010, “Water and Sewer Service Required” to make this decision,
as well as the recently adopted Land Use Comprehensive Plan.
Applicant filed an Appeal (APPL 2021-001; Exhibit D) on February 16, 2021, but
was required to exhaust all available remedies first by applying for a Utility
Service Waiver (USW) request for the sewer service requirement with the City
Manager. This occurred on March 19, 2021 (Exhibit E).
The USW was denied on May 20, 2021 (Exhibit F) for the reasons outlined
below; briefly non-conformance with the adopted Land Use Comprehensive Plan
and the fact it was determined that the property failed to meet waiver criteria as
specified in PMC Section 16.15.060.
With available remedies exhausted the Appeal is being brought to Council for
consideration.
The former landowner and current adjoining property owner sent a memo to Staff
including some background information and encouraging the City Council to
deny the waiver (Exhibit G).
Council considered the appeal at the June 21 Council Meeting and continued
the item until the July 19, 2021 meeting.
V. DISCUSSION:
Per PMC Section 16.15.050(2), the prerequisite requirements for a development
permit stated in PMC Section 16.15.010 may be waived by Administrative
Approval of the City Manager or designee for waiver of sewer utility connections
provided the property for which the waiver is requested meets the following
conditions:
(a) Must be of adequate size, soil type, slope and other conditions to meet
the Benton-Franklin Health District requirements for on-site septic systems
and replacement drain fields and must receive final approval from the District
for the on-site system;
(b) Must be greater than 200 feet from an existing municipal sewer service
line or must be dependent on the provision of future sewer infrastructure to
receive sewer service – such as additional line or treatment facility capacity,
lift stations or similar components;
Page 134 of 169
(c) Subject to those conditions contained in subsections (1)(a) through
(1)(c) of this section; and
(d) The decision on the granting or denying of a sewer utility connection
may be appealed to City Council within 10 calendar days from the date of
the decision. The appeal must be in writing.
According, to the PMC Section 16.15.060 any determination to gr ant, deny, or
grant with conditions an application for a waiver described in the PMC Section
16.15.050 shall be based upon the following criteria:
(1) Special circumstances applicable to the property in question or to the
intended use that do not generally apply to other properties or classes of
use in the same vicinity or zoning classification;
“Special circumstances” in this scenario would need to be some
characteristic of the property which makes construction of sewer
tantamount to denial of all economically viable use of the property. In
such cases, it could be said that requiring the sewer to be built would
deny enjoyment of a substantial property right. Applicant has not alleged
that such circumstances exist.
As noted in Exhibit F, the property associated with the waiver does not
have special circumstances that would differentiate it from other nearby
properties.
A distinction should also be made between waiver of sewer utility
connections for a Single-Family Dwelling Unit (SFDU) building permit
on an existing lot and a waiver from installing required infrastructure for
a subdivision application (particularly within the City limits) where
several dwelling units are contemplated.
(2) A waiver is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other property in the same
vicinity and zoning classification, which because of special circumstances is
denied to the property in question;
Also noted in Exhibit F, nearby properties that currently do not use
municipal sewer were developed generally between the years of 1960
and 2000 and, at the time of development, were not located within City
limits. A waiver to not align with the goals and policies of the
Comprehensive Plan and the City of Pasco Development Standards as
it relates to the Urban Growth Area is not necessary for the subject
property. In the subject case, the property owner could construct the
sewer under a latecomer’s agreement. Applicant has not been denied a
Page 135 of 169
substantial property right, nor has applicant alleged that he has been
denied a substantial property right.
Again, the distinction between a waiver of sewer utility connections for
a SFDU building permit and a a waiver from subdivision utility
installation comes into play.
(3) The granting of the waiver will not be detrimental to the public welfare or
injurious to any person, property or improvements thereon in such vicinity
and zoning classification in which the subject property is located;
One of the primary purposes of the Growth Management Act is to
ensure that all development in the City UGA occurs commensurate with
urban level infrastructure, including city water and sanitary sewer.
Septic systems do not promote urban infill or urban level densities. Also
septic systems can fail over time and cause pollution to groundwater,
which could impact other properties in the vicinity.
(4) The granting of a waiver will not conflict with the general intent of this
chapter;
The PMC Section 16.15.010 requires that all developments must connect to City
water and sewer as a prerequisite to development. The limited exception to this
rule is for properties with “unusual circumstances” which would deprive the
owner of reasonable economic use of property if the sewer requirement is strictly
enforced. This exception provision is intended to protect the City from a
regulatory takings challenge in the event the city sewer requirement deprived the
landowner of a substantial property right. In this context, reasonable economic
use would mean use of the parcel to support a residence, not necessarily
subdivision of the property into multiple parcels for development. This is also
consistent with the Growth Management Act’s requirement that all properties
within the UGA be developed with urban level infrastructure.
Once more, a distinction must be drawn between one's right to a SFDU building
permit waiver and a circumvention of subdivision development requirements.
Applicant’s reliance on the PMC Sections 13.70.060 and 13.70.070 is misplaced,
as these sections require that all homeowners must connect to sewer unless the
exemption criteria in the PMC Chapter 16.15 are met. Because the exemption
criteria have not been met, denial of the request for an exemption is proper.
As recommended at the June 21 meeting, staff ran a preliminary land capacity
analysis which selected all residential zoned vacant lan d within 1/2 mile of the
site and determined the number of dwellings which could be accommodated.
These parcels were sorted by Comprehensive Land Use Map designation (Low-
Page 136 of 169
Density Residential; Medium-Density Residential); The analysis then subtracted
45% to account for rights-of-way and market factors.
Based on the analysis, a conservative estimate indicates a future growth of
around 30 low-density dwelling units within 1/2 mile of the site; an additional 68
or so high-density dwelling units may also be anticipated within the same 1/2-
mile radius. This land use capacity analysis did not take into account large
developed lots with infill development potential.
Conclusion from Staff:
• The granting of a utility service waiver would be inconsistent with the
intentions and goals of the Comprehensive Plan.
• The proposal is not in compliance with the standards and requirements of
development within the City of Pasco.
• The subject property lacks the necessary special circumstances to justify
waiving the requirements for the utility connection.
Staff recommends denial of the utility service waiver appeal.
Page 137 of 169
Community & Economic Development Department
PO Box 293, 525 N 3'd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
SHORT PLAT APPLICATION
Fee:$825
Master File# _____ _ Date Submitted: ot f 01 /2-oJ.J I I Complete Application: _____ _
Applicant Info Owner Info (if different than applicant) Name: Name: TON'r DAJJJt.YtJ/(fl.Nf\.iOL�'I l>�J\\i'-'I k..K Address:
Phone:
Email:
n2.1 Id RoAO 3,-Z: ISl"I �-{�..,�tJS b�
� C9 7 'iJ)� � 8ef R,,t-\LltN�1 \JA 't'l�S'f
(sov 53/-73/,'f
ro�� DAIJ20@ YAJ;ib:,. CDM.
Address:
Phone:
Email:
Project address: __ U_'N_lt�!6=J�t:-�..u.-t£D ___ �R�o=A�D-_'1�'�-----
Project parcel number: _ _.:l_,_/..,..8_-_J_o"""'/_-_o--=5_.7 ________ _
Current zoning:f<.5 -2 0
Number of lots proposed: -----=3 ___________ _
Source of domestic water: __ C_I 71:___._ __________ _
Method of sewage disposa I: ---'--SE,-=-p'-'r,'-'/..,.(._ _________ _
Fee for Short Plat Environmental Checklist Radius Notification
□Short Plat(Electronic copyand .dwg)
Updated September 2020
□Title Report
$700.00 $ 75.00 $ 50.00
$825.00
□Fee of $825
-
□SEPA Checklist
Page 138 of 169
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property.
Da, I
Date
Updated September 2020 Page 139 of 169
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
_ .SHORT PLAT APPLICATION
Fee:$825
PURPOSE: The purpose of a short plat is to provide an administrative method of land subdivision allowing the creation
of nine (9) or fewer lots meeting the zoning and subdivision requirements established in Titles 25 and 26. The intent of
the short plat process is to promote orderly and efficient community growth within the requirements of RCW 58.17.035.
REQUIREMENTS:
1.Title report current within thirty (30) days
2.Application fee of $825 ($700 application fee+ $75 SEPA fee+ $50 radius notification fee)
3.A completed Environmental Che.cklist (SEPA) form
4.Electronic or paper Short Plat map showing the entire contiguous tract owned by the applicant subdivider
(18 x 24 inches) which shows:
a.Names of any adjacent subdivision;
b.A vicinity map;
c.Lines marking the boundaries of proposed lots, square footages of the proposed lots and number of
each lot;
d.Approximate locations of existing roads, cul-de-sacs, alleys and ways or easements for such roads,
and rights-of-way within and adjacent to the tract;
e.Location, dimensions and usage designations for all proposed and existing easements of record;
f.Proposed source of water supply and method of sewage disposal for each lot;
g.The legal description and parcel number of the said tract;
h.The name and address of the owner or owners of the said tract;
i.Land Surveyor Certificate;
j.Signatures of all recorded property owners agreeing to the division of property;
k.A utility easement and improvement statement on the face of the short plat in a manner prescribed
by the appropriate utility provider;
I.A signature block including the following:
i.City Engineer
ii.Community and Economic Development Director
iii.County Auditor
iv. Franklin County Public Utility District or other utility district
v.Irrigation District (when applicable)
m.Horizontal datum information:
i.The horizontal datum used will be the North American Datum 1983/ HARN, Washington
State Plane Coordinate System, South Zone and will be expressed in U.S. Survey Feet.
5.Digital copy of plat (.dwg file) either by disk or emailed to the Planning Department.
PROCESS: An application for short plat approval shall be approved, approved with conditions, returned to the applicant
for modifications or denied within thirty (30) days of its receipt by the Community and Economic Development Director
or designee unless the applicant agrees, in writing, to an extension of this period. The Community and Economic
Development Director or designee shall not be considered to be in receipt of an application for short plat approval
unless and until such time as the application meets the requirements of PMC 21.40.030 through 21.40.60 as determined
by the Community and Economic Development Director or designee.
Updated September 2020
Page 140 of 169
Upon receiving a complete application for short plat approval, the Community and Economic Development Director or
designee shall transmit a copy of the short plat, together with copies of any accompanying documents as the
Community and Economic Development Director or designee deems appropriate, to the following:
a_} City Engineer, who shall review the proposed short plat with regard to its conformance to the general purposes
of adopted traffic and utility plans, adequate provisions for storm drainage, streets, alleys, other public ways,
parks and playgrounds, schools and school grounds, sidewalks and other planning features that assure safe
walking conditions for students, water and sanitary sewer, and conformance to any applicable improvement
standards and specifications;
b)Fire Chief, who shall review the proposed short plat with regard to adequate provisions for emergency access;
c)All property owners within 300 feet of the proposed short plat;
d)Any other City department, utility provider, school district or other public or private entity as the Community
and Economic Development Director or designee deems appropriate.
In transmitting the proposed short plat to the parties referenced above, the Community and Economic Development
Director or designee shall solicit their comments and recommendations. Any comments received within the 10 day
notice period shall be incorporated into the formal findings which will form the basis of the Community and Economic
Development Director or designee's decision on the short plat.
ADMINISTRATIVE DETERMINATIONS: The Community and Economic Development Director or designee shall, after
conferring with appropriate officials, determine whether:
1.Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage
ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops,
schools and school grounds, sidewalks and other planning features that assure safe walking conditions for
students;
2.The proposed short plat contributes to the orderly development and land use patterns in the area;
3.The proposed short plat conforms to the policies, maps and narrative text of the Comprehensive Plan;
4.The proposed short plat conforms to the general purposes of applicable policies or regulations adopted by the
City Council;
5.The proposed short plat conforms to the general purposes of Title 21;
6.The public use and interest will be served by permitting the proposed division of the land.
If the Community and Economic Development Director or designee determines that the foregoing requirements are
met, he/she shall approve the short plat, and shall transmit the approved drawing to the applicant. Once approved the
short plat will be returned to the applicant for recording with the County Auditor.
RESUBDIVISION PROCEDURE: Land divided through the short plat process into four or more lots may not be re-short
platted for a period of five years. Any further land division must occur through the preliminary and final platting process.
Lands which have been subdivided under the preliminary and final plat process may be further subdivided using the
short plat or binding site plan process.
WATER RIGHTS: (Residential only) Per PMC 26.04.115, any existing water rights shall be transferred to the City as a
condition of approval. If no water rights are available then the property owner shall pay to the City, in lieu thereof, a
water rights acquisition fee as established in the City Fee Summary Ordinance located in PMC 3.07 (see below):
Calculation of Water Rights
Base water rights $517.50 per lot
Irrigation ·water rights (City 0.5 x area (acres) x 3.5 x $1,725 irrigation or no irrigation provider)
Updated September 2020
Page 141 of 169
LOCAL IMPROVEMENT DISTRICTS: As a condition of approval of a short plat, the owner has waived the right to protest
the formation of a Local Improvement Districtfor sewer/water/road/sidewalk improvements to the full extent as
permitted by RCW 35.43.182.
ZONING INFO: Short Plat restrictions based on zoning districts:
Zone Minimum lot size
(sq. ft.)
RS-20 20,000
RS-12 12,000
RS-1 10,000
R-1 7,200
R-2 5,000
R-3 4,500
R-4 4,000
Minimum street frontage
(ft.)
90
90
90
-60*
SO*
SO*
SO*
*If lot size is 10,000 square feet or mor e,
a minimum frontage of 90 feet is
required.
CONSTRUCTION OF IMPROVEMENTS REQUIRED: The City Engineer shall determine whether:
1.Public rights-of-way must be improved and utilities installed to the minimum requirements of this code and
City Standards;
2.Required infrastructure improvements must be substantially completed as approved by the City Engineer.
Minor improvements consisting only of sidewalks and landscaping where applicable, or similar
improvements, may be secured by a plat bond;
3.In lieu of completion of these minor improvements, prior to recording of the short plat, a plat bond issued
by a licensed corporate surety or two individual sureties or other approved surety must be provided, to the
full amount of the cost of such work, as estimated by the City Engineer, including construction inspection
costs, but in no case less than $2,000.00;
4.All or a portion of security will be released upon acceptance of the improvements by the City Engineer, or
upon substitution of another guarantee or approved bond or security;
5.If, after two years, all improvements are not so improved, the City will cause the improvements to be
provided in accord with the approved plans, and the costs thereof must be paid by the bonding company, or
out of the savings account assignment or other security;
6.In lieu of the plat bond, a cash bond, a certified check, an irrevocable letter of credit, or other surety
approved by the City Attorney, equal to the cost of improvement multiplied by 125 percent may be posted.
In addition, the City may require security up to two years against any defect in workmanship or materials in
the installation of the improvements.
Adequate and proper right-of-way improvements shall include curb, gutter, sidewalk, illumination, traffic control
devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation.
APPEALS: Appeals of an administrative decision relating to a short plat may be made to a Hearing Examiner pursuant to
Chapter 25.195 PMC. Such an appeal must be made in writing and filed together with the appeal fees listed in
PMC 3.35.110 with the Community and Economic Development Director or designee within 10 working days from the
date on which the decision was rendered; if not, the decision of the Community and Economic Development Director or
designee is final and no further appeal may be made. The written appeal shall include a detailed explanation stating the
reason for the appeal. The decision of the Hearing Examiner shall be the final action.
Updated September 2020
Page 142 of 169
Page 143 of 169
RSIPage 144 of 169
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
M E M O R A N D U M
DATE: February 2, 2021
TO: Anatoliy Danilyuk
FROM: Andrew Hattori, Temporary Planner I
SUBJECT: Danilyuk Road 96 Plat
The following notes/requirements have been submitted by City staff regarding this project. Findings of
Fact are forthcoming.
Engineering Division – Tyler Johnson:
1) All improvements shall be in accordance to the Pasco Municipal Code. The Pasco Municipal Code
adopts the most recent versions of the City of Pasco Standard Specifications, the Washington State
Department of Transportation Standard Specifications for Road, Bridges, and Municipal Construction,
the International Building Code, and the International Fire Code. If there are any conflicting regulations
in any of these documents, the more stringent regulation shall apply.
2) The face of the plat shall include this statement: AS A CONDITION OF APPROVAL OF THIS SHORT PLAT
THE OWNER WAIVES THE RIGHT TO PROTEST THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT
FOR SEWER/WATER/ROAD/SIDEWALK IMPROVEMENTS TO THE FULL EXTENT AS PERMITTED BY RCW
35.43.182.
3) Only City maintained utilities are allowed in the public right-of-way. Any existing non-City owned
utilities located in the right-of-way must be relocated to a utility easement outside of the right-of-way
at the developer’s expense. Overhead utilities shall be placed underground.
4) It shall be the responsibility of the property owner/developer to contact all utility owners to determine
their system improvement requirements. Prior to subdivision construction plan submittal and/or
review the property owner/developer shall provide to the City of Pasco a written letter of
support/approval of the proposed development from all outside utilities, public and private.
5) Any existing water rights shall be transferred to the City as a condition of approval. If no water rights
are available then the property owner shall pay to the City, in lieu thereof, a water rights acquisition
fee as established in the City Fee Summary Ordinance located in PMC 3.07. PMC 26.04.115. A water
rights estimate will be provided after the revised plat is submitted.
6) Frontage improvements and any necessary utility extensions are required prior the City Engineer
signing the plat per PMC 21.40.085. Minor improvements not completed must be secured with a bond
prior to recording the plat.
7) Sewer will be required to be extended to serve this flag lot.
8) All City utilities that are required to serve the lots must front each property being served.
Page 145 of 169
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Planning Division – Andrew Hattori & Jacob Gonzalez
1) Addresses will be assigned after revised plat is submitted.
2) Per PMC 21.20.060:
- Applicant must demonstrate that construction of public street prevents minimum density of
underlying zone or where geometric, topographic or physical features would make it impractical to
extend or build a publically dedicated street (PMC 21.20.060(2)(a)(b)
- (e) Emergency Access. When the furthest point of a proposed structure is greater than 150 feet in
distance from the public right-of-way, as measured along an accessible route, an approved fire vehicle
turnaround is required as defined by the International Fire Code;
- All other provisions of PMC 21.20.060 must be met.
Fire Division
1) A Fire Apparatus access road or turnaround is required meeting IFC and PMC requirements. A
hammerhead is not allowed. Access roads in excess of one hundred fifty feet (150') require a Fire
Apparatus turnaround.
Franklin County Irrigation District – John Burns
1) This parcel is currently with Franklin County Irrigation Districts service area , currently served and
assessed by FCID. The owner/developer shall cause to be installed piping and service access points to
each of the new lots formed by the proposed plat. The closest FCID mainline is along the west side of
Rd 96, this will be the tie-in point for the delivery system. Prior to installation the
owner/developer shall provide an engineering drawing showing the proposed location of the supply
line from Rd 96 along with a proposed size to meet the total irrigation water allotment of 8
GPM/year/acre or appropriate proportion thereof to FCID for review and approval. The service
connection point shall be one-inch in size for each of the new lots Prior to any construction of said
facilities. The installation of said lines and services shall conform with the most recent FCID
Standards and Specifications. Any question regarding FCID comments shall be directed to the FCID
Office (509) 547-3831. Covid-19 requirements are being enforced at the FCID office. An
appointment is required prior to any in person contact with FCID staff. Inspections and plan review
fees may be incurred.
Page 146 of 169
I '
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
HEARING EXAMINER REVIEW APPLICATION
Fee:$750
Master File# ------Date Submitted: _____ _
The undersigned hereby applies for review by the Hearing Examiner.
Applicant Info Owner Info
(i f different than applicant)
Name: 101.l"(' DA/JI L Yul( Name: T�Y DAAJIL rvx: le wrAl.'\'" .SY�YUJc'.
Address: 132.i, SrEIIEJ.JS OR
R1a1LA1JO, �A qc,35'{
Phone: (soq) 531-73'lf
Email: TO�'rDAIJ2o e YAHOo-Cc.M
Project address: 0/Jt>EVEL9?ED Ro.AD 96
Project parcel number: 118 .... Jo/ -057
Current zoning: 12.S .;,zo StJ/sbl�BAJJ
Present land use: Cf/• -V>J0cvE?PP£D l&ob
Address:
Phone:
Email:
Give a detailed description ofthe proposed use that requires a variance: P2ofo5,ED vsr � O,.o. 91'-t
s£PJ7C JS J<£Qo..CS/Zt) (Alo� WJ7/I SCJRPl.£/tll.£t»?{L t/r1t.ITr SE//YK£ wAll/£..e) UJ
�CQv,flur,.r -
1,.1£u o,c {,)AJJU!ts�B/.L SrAa-o �1;2; FRoM. R1c1< wJ.J,rE 1,-; MDNs f-'Dft.
SEPA2oz1-001 DAmo EEB, 2, 2oz,
Special circumstances applicable to the property: NO NEJ(.,}181J/l./,Jc,-P!<o/?EIZl?: AL�t.r l?tJJD 96
1$ CoR.Rp.Jn.y CCHJlfOZD ro cirt SCN.d!., TIIIS P£tJFEO?-Slkwt.D ivor Bl;
R£qu,R£o ro Bv1J..D 1100 0-r£Fr oc P(IFt..1� S£1tv�P. Pr-fl...
Updated May 2020
Page 147 of 169
•
How does the strict interpretation of the zoning ordinance deprive the applicant of rights and privileges
enjoyed by other properties in the vicinity under an identical zoning classification? _________ _
/IIE $TR/er IPTE/?PIUr/1-Tl&J D£Pgrv&!. APPl.!CA/JT Or Rlr,,t/r Tf) S€P}?� Sb;�
£N.Joy£1) Bt All. iJ£l/rl/8D/l/� f'RoW1ln.£S ();J RoAD 9, AND FtJf.CES HUM
2 \\ Staff decision which is being appealed: Af 11141,.nr:,� DET.CRMt�Aho;.J , Co,,.,�entuJ ro Cl)r
II S.E.�/Z1$g£,Qv1g.c1> l$StJEp FPR PRo�Xc:.r No. SEP/J20Z/-ex:>I eJN
F£J3. 2 < 20Z/.
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the
applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City
to obtain a current list of property owners of all properties within 300 feet of the applicant's property.
Fee for Hearing Examiner
Radius Notification
State of Washington
ss.
County of Franklin
$700.00 $ 50.00
$750.00
On this )2 a day of fEBgoAJZY , 2oZ./ , before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned an sworn, personally appeared
MArollr:: PA1J/b'tuK . . being duly sworn on his/her oath that he/she has prepared and read
the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has
signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned.
�''''"'"'"'�lffll� J J_j SUBSCRIBE�'f«9N�� before me this _2_day of �F.L....ZC&.-B�•--__,
� .��;,.�i�.2��-··�%
� ♦-Jl.�f]) . ,� •• � : .. ���OTARi, � � �- . -... . -:. • ... -: Es ·. PUBLIC • EE
� ·-� �-· � %��-·�.,.�.-· #
��� •••••• '/1,,.� ;,,,,,. Qr: WP.$ ,,,..._ i,,,,,,,. .. "''''''
Updated May 2020
ary Public in and for the State of Was hi
Residing at RJCf/LAND , 'tJAj
My Commission expires_�A_tJG�•....,2=---,2�, -=Z-"-o-"-z __ 3'------
Page 148 of 169
•• ..
How does the strict i�rpretation of the zoning ordinance deprive the applicant of rights and privileges
enjoyed by other properties in the vicinity under an identical zoning classification? _________ _
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the
applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City
to obtain a current list of property owners of all properties within 300 feet of the applicant's property.
Fee for Hearing Examiner
Radius Notification
State of Washington
ss.
County of Franklin
$700.00
$ 50.00
$750.00
On this /2. JI.. day of FE8. , zczt , before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned an sworn, personally appeared
V lfA Ur 5'\'"3 ruJ< being duly sworn on his/her oath that he/she has prepared and read
the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has
signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. ''''"'"'"'''1: . f! SUBSCRIBED ��io"���efore me this R_day of �F_E�B�·-----Zoz/
� !()0 •;ll,�NT �-.� � � �-�-.o."t 28 il �-· � � --i�..,. ' ���·-. �: • � olARY � • � -. �" . -= : �·.. : =
: • PUB\.\C • :: 'S •• ,.!\.: � "'-� ....� . �. ;:: ��·•. . . .. · � � �>,........ �� .,,,,;cOFw� ,,,,.., "'''''"""i"''�
Updated May 2020
otary Public in and for the State of W snington
Residing at Rrc!lt.AJJD I -...;A•
My Commission expires ).u(y. 2 'i; ZOZ.3
Page 149 of 169
,, .
I ii ... Cityi?/'II Pasco Community & Economic Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO PLJ...IJIJIN� DEPT.
Fee:$750
HEARING EXAMINER REVIEW APPLICATION ArrJJ: Ria< wHJT£.
PURPOSE: The purpose of PMC Chapter 25.195 is to establish a system of applying land use regulatory
controls which will best satisfy the following basic needs:
A.To assure procedural due process and appearance of fairness in certain land use regulatory hearings;
and
B.To provide an efficient and effective land use regulatory system, which integrates the public hearing
and decision-making process for certain land use matters by adopting a hearing examiner system as
provided by RCW 35.63.130 in accordance with Chapter 2.19 ofthe PMC.
LAND USE DECISION AUTHORITY: The hearing examiner shall receive and examine available information,
conduct public hearings, and prepare a record thereof, and enter findings of fact, conclusions and a decision as
provided for herein. The hearing examiner shall hear and decide the following land use decisions:
A.Variances. Any variance granted shall be subject to conditions that will assure that the adjustment
thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations
upon other properties in the vicinity and zoning which the subject property is situated. The following
circumstances are found to apply:
1.Because of special circumstances applicable to the subject property, including size, shape,
topography, location of surroundings, the strict application of the zoning ordinance is found to
deprive subject property of rights and privileges enjoyed by other properties in the vicinity and
under identical zone classification.
2.That the granting of the variance will-not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject property is
situated.
3.The special circumstances applicable to the subject property were not created through the
action(s) of the applicant or any predecessor in interest.
B.Review -Administrative Action. Appeals may be heard by the examiner, where it is alleged by the
applicant that there is error in any order, requirement, permit, decision or determination made by the
City Planner in the administration or enforcement of Title 25. Where the street or lot layout actually on
the ground, or as recorded, are different from the street and lot lines as shown on the zoning map, the
examiner, after notice to the owners of the property, and after public hearings, shall interpret the map
in such a way as to carry out the intent and purposes of Title 25. In case of any questions asto the
location of any boundary line between JOning districts, a request for interpretation of the zoning map
may be made to the examiner, and a determination shall be made by the examiner.
C.Waiver of Violations. Recognizing the fact that a building may be erected in good faith with every
intent to comply with the provisions of Title 25 in respect to the location of the building upon the lot
and the size and location of required yards, and that it may later be determined that such building does
not comply in every detail with such requirements, although not violating the spirit or intent of the
zoning ordinance, the examiner may issue a waiver of violation subject to such conditions as will
safeguard the public health, safety, convenience and general welfare.
Updated May 2020
Page 150 of 169
D.Extension of Use on Border of District. The examiner may hear and approve the extension of a use or
building into a more restricted zone classification immediately adjacent thereto, but not more than
thirty (30) feet beyond the dividing line of the two (2) zone classifications, and under such conditions as
will safeguard development in the more restricted district.
E.Administrative Exceptions. An administrative exception not to exceed one (1) foot of any dimensional
standard pertinent to front yard, side yard, rear yard, flanking street, and building line may be granted
by administrative action of the examiner without public hearing and without posting or public notices.
LAND USE APPLICATION: Applicati9ns for permits or approvals within the jurisdiction of the hearing examiner
shall be presented to the City Planner. The City Planner shall accept such applications only if applicable filing
requ irements are met. The City Planner shall be responsible for assigning a date for and assuring due notice of
public hearing for each application; which date and notice shall be in accordance with the statute or ordinance
governing the application.
REPORT OF COMMUNITY DEV. DEPT. FOR LAND USE APPLICATION: For any land use issue coming before the
examiner, the Department of Community Development shall coordinate and assemble the reviews of other
City Departments, governmental agencies, and other interested parties and shall prepare a report
summarizing the factors involved and the department's finding and recommendations. At least seven (7)
calendar days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof
shall be mailed to the applicant and made available for public inspection.
Updated May 2020
Page 151 of 169
Page 152 of 169
Page 153 of 169
Page 154 of 169
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
UTILITY SERVICE WAIVER
FINDINGS OF FACT
May 20, 2021
MASTER FILE #: USW 2021-002
APPLICANT: Tony Danilyuk
1324 Stevens Dr
Richland, WA 99352
PROPOSAL: Utility Service Waiver: Danilyuk Road 96 Short Plat
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: SHORT PLAT 2017-17 LOT 2
General Location: Parcel #118-101-057
Property Size: 2.13 acres
2. ACCESS: The property has access from Road 96.
3. UTILITIES: Municipal water is available in Road 96 and sewer is available at the intersection of Road 96 and
Balflour Drive.
4. LAND USE AND ZONING: The property is undeveloped and currently vacant. The property is zoned R-S-20
(Suburban)
STAFF FINDINGS OF FACT
Pasco Municipal Code require staff to develop Findings of Fact as to how this proposed utility service waiver will protect
and enhance the health, safety, and general welfare of the community. The following is a listing of "Findings of Fact”:
Parks/Open Space/Schools: Liberty Park is approximately 1,700 ft. from the subject property which offers space for
recreational activities. Park impact fees will be collected at the time of permitting of each single-family dwelling to be used
for park development. Chiawana High School is approximately 4,200 ft. from the subject property.
Safe Travel & Walking Conditions: Pavement sections for improvements of said private street are subject to approval by
the City of Pasco Public Works and Fire Departments. Other right-of-way improvements, where and when properly
required by the City, will be installed and constructed to current City standards and to the standards of the American’s
with Disabilities Act (ADA).
Proper Access & Travel: The associated plat will be developed to City standards to assure proper access is maintained to
each lot. Connections to the community will be provided by the existing Road 96. The associated short plat site will not be
immediately served by Ben Franklin Transit.
Page 155 of 169
Adequate Provision of Municipal Services: All lots within the associated plat will be provided with municipal water and
other services except sewer. The utility service waiver proposes to waive the requirement of sewer and instead install
septic tanks to serve the properties.
Comprehensive Plan Policies & Maps: The Comprehensive Plan indicates Goals and Policies of the Utilities Element that
cover all public water and sanitary sewer, among other utilities. Goal LU-2 encourages the maintenance of established
neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Goal UT-1-A encourages
that public water and sewer services are available concurrently with development in the urban growth area.
Urban Growth Area: The planned short plat is located within the Pasco Urban Growth Area and City limits.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before approving or denying of the utility service waiver, staff must develop Findings of Fact from which to draw its
conclusion therefrom as to whether or not:
(1) Special circumstances applicable to the property in question or to the intended use that do not generally apply to
other properties or classes of use in the same vicinity or zoning classification;
The property associated with the waiver does not have special circumstances that would differentiate it from other nearby
properties.
(2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other
property in the same vicinity and zoning classification, which because of special circumstances is denied to the
property in question;
Nearby properties that currently do not use municipal sewer were developed generally between the years of 1960 and
2000 and, at the time of development, were not located within City limits. A waiver to not align with the goals and policies
of the Comprehensive Plan and the City of Pasco Development Standards as it relates to the Urban Growth Area is not
necessary for the subject property.
(3) The granting of the waiver will not be detrimental to the public welfare or injurious to any person, property or
improvements thereon in such vicinity and zoning classification in which the subject property is located;
While not immediately detrimental to the properties within the vicinity, allowing a waiver for a service that is indicated as
a policy for concurrent development within the Urban Growth Area would be of detriment in the future.
(4) The granting of a waiver will not conflict with the general intent of Chapter 16.15 in the Pasco Municipal Code;
The intent of Chapter 16.15 is to provide a means for a property to be reviewed for a possible waiver for utility connection
based on special circumstances applicable to the property. To qualify for administrative review the property must be of
adequate size, soil type, slope, and other conditions to meet the Benton-Franklin Health District requirements for on-site
septic systems and replacement drain fields and must receive final approval from the District for the on-site system. It
must also be greater than 200 feet from an existing municipal sewer service line or must be dependent on the provision
of future sewer infrastructure to receive sewer service.
The subject property meets the requirements for the administrative review but does not meet the intent for applicable
special circumstances.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
The granting of the utility service waiver does not promote the intentions and goals of the Comprehensive Plan. The
proposal does not comply with the standards and requirements of development within the City of Pasco. The subject
property does not have the necessary special circumstances to justify waiving the requirements for the utility
connection. The utility service waiver has therefore been denied.
Page 156 of 169
1
From: ***(REDACTED)***
Sent: Sunday, June 6, 2021 5:52 PM
To: Kristin Webb <webbk@pasco‐wa.gov>
Subject: 118101057 Sewer Appeal
I am writing in regard to the appeal by Tony Danilyuk for Lot 118101057. I believe the appeal should
be denied for the following reasons:
1) As the former owner of the said Lot, I had spoken to the City (Darcy, and a gentleman by the
name of Rick, I believe) on several occasions about what could/could not be done with it. During
those conversations, it was stated more than once that the parcel could not be subdivided into more
than two lots without connecting to the sewer. My realtor had also spoken with the City before
listing the parcel, and was given the same information.
2) Tony Danilyuk and Vitaliy Synyuk were made aware of the sewer requirement before
purchasing the parcel. They were also given a 10 day feasibility period with which to do
further research or make any additional inquiries. They chose to sign the papers after only
two days.
3)If the parcel was able to be subdivided into three lots without the sewer connection
requirement, it could/would have been sold for fair market value as such.
4) All of the surrounding homes that are currently on septic have been here before this
area became part of the City, some for decades.
5) In conclusion, if the City does choose to approve this appeal, it will be setting a precedent that
rules and requirements do not have to be adhered to by other landowners, contractors,
and developers going forward.
Thank you for your time and consideration in this matter,
Virginia L. Gerth
*Please confirm that you received this email before the hearing. There was no email address for the
Community Development Department so I want to be assured they will receive this as I am not able
to make the hearing. Thank you.
Page 157 of 169
May 27, 2021
Pasco City Council
RE: USW 2021-002 Utility Waiver decision Appeal
Dear Councilmembers,
RECEIVED
MAY 2 8 2021
COMMUNITY & ECONOMIC
D!:VE LOPM ENT
We are writing you to request an appeal to the denial decision for our utility waiver application made by
the Community and Economic Development Department for Master file# USW 2021-002 as we believe
that it is unconstitutional and contrary to the requirements of PMC 16.15.050.
We recently purchased a 2.13 acre undeveloped property, (Franklin County parcel no. 118-101-057) in
the hopes of subdividing it into three smaller lots through the Short Plat administrative process. The
property is located along Road 96 approximately 1100 feet south of the intersection of Road 96 and
Balflour Dr. and the nearest public sewer connection point. We applied for the utility waiver through the
administrative review as we believed we satisfied the conditions stated in PMC 16.15.050(2) to allow for
the administrative approval of said waiver.
To reiterate, PMC 16.15.050-Waiver Authorized, is as follows:
The prerequisite requirements for a development permit stated in PMC 116.15.01 g may be waived by:
(1 A roval of the Ci Council b ma ·orit vote at any regular meeting or administrative
approval as contained in subsection 2 of this section, upon such forms as they shall deem
necessary to enable them to make specific findings of fact as to why a waiver should be granted.
All such waivers must be applied for in writing on a form or forms to be supplied by the City of
Pasco and all denials of such waiver shall also be in writing and state specific findings upon
which the denial is based. The grant of a waiver may be reasonably conditioned and any such
conditions shall be in writing, signed by the owner of the land, recorded and run with the land.
Such conditions may include but shall not be limited to the following:
(a)A specific period of exception;
(b)Required participation in future public sewer and/or water service extension by L. I. D. or other
means;
(c)The signing by the owner of the property of a hold harmless and/or indemnity agreement in
favor of the City of Pasco.
(2)Administrative approval of the City Manager or designee for waiver of sewer utility
connections provided the property for which the waiver is requested meets the following
conditions:
(a)Must be of adequate size, soil type, slope and other conditions to meet the Benton-Franklin
Health District requirements for on-site septic systems and replacement drain fields and must
receive final approval from the District for the on-site system;
(b)Must be greater than 200 feet from an existing municipal sewer service line or must be
dependent on the provision of future sewer infrastructure to receive sewer service -such as
additional line or treatment facility capacity, lift stations or similar components;
(c)Subject to those conditions contained in subsections� through� of this section; and
Page 1 of 3
Page 158 of 169
May 27, 2021
(d)The decision on the granting or denying of a sewer utility connection may be appealed to City
Council within 10 calendar days from the date of the decision. The appeal must be in wn'ting.
We believed we satisfied the conditions of (2)(a) through (2)(d), as follows:
(a)A short plat application for on-site sewage system with public water system was
submitted with the Benton Franklin Health District and was approved Nov. 30, 2020 for
using onsite sewage retention in conjunction with hooking on to city water for our desired
3-lot layout.
(b)The frontage of our property is located approximately 1100 feet away from the nearest
public sewer connection.
(c)Understand conditions of subsections (1)(a) through (1)(c) and are prepared to participate
in L.I.D.s, if required, to extend public sewer for the use and enjoyment of all over
neighboring properties benefitted and enjoying the use of said sewer extension by sharing
that cost amongst all of us.
(d)What we are doing now, in writing to you to appeal the denial of our utility waiver
application.
We do not feel that it is fair for the City to force us to extend public sewer a quarter mile to serve our 3 lot
subdivision while crossing 8 other properties (and even more potential subdivisions) to serve our property
while we feel we satisfy the code to apply for a utility waiver at this time.
We understand and completely agree to participate in sharing that cost with those neighbors when the
time presents itself but do not believe we should bear the full cost to build public improvements where our
needs and enjoyment can be, like our neighbors, satisfied by other means (ie. Use of APPROVED on-site
sewage retention systems)
Below are applicable polices from Pasco's Comprehensive Plan.
•LU-4-B Policy: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
•H-4-C Policy: Increase housing supply and diversity through appropriate and
flexible development standards
The single issue appears to be Pasco's continued insistence on extending sewer more than 1100 feet
which is cost prohibitive for a 3 lot short plat. The City of Pasco has failed to show what authority it has in
making a requirement for off-site improvements in its own development code. The City of Pasco appears
to have violated its own development standards by requiring extension and connection to services
beyond the thresholds established in PMC 13. 70.060. And finally the use of "Special Circumstances"
without a clear definition as applied by the City of Pasco appears to be arbitrary and capricious i_n its
application to this project.
Pasco Municipal Code Section 13.70.060
The owners of all new construction houses, buildings or properties used for human occupancy,
employment, recreation, or other purpose, situated within the City, are required at their expense
to connect to the proper public sewer in accordance with the provisions of this chapter; provided,
that the public sewer is within 200 feet of the property line and in accordance with Chapters
16.15 and 16.20 PMC. [Ord. 3702 § 2, 2004; Code 1970 § 13A.52.050.]
We believe that this denial I requirement for sewer extensions is similar to BENCHMARK LAND
COMPANY v. CITY OF BATTLE GROUND, in that the City of Pasco has failed to show an impact and a
solution proportional to the impact when requiring an off-site improvement while simultaneously ignoring
the septic approvals already granted this proposal by the Health Department.
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May 27, 2021
The City of Pasco Comprehensive Sewer Plan does not appear to list the proposed project area in table
ES-1. We can find no plan, or improvement proposals covering the former unincorporated areas that our
property lies within. We do not believe that Pasco has adequately planned for or invested in sewer
infrastructure in our area and seems to be relying exclusively on the property owners. We should not be
made to bear disproportionate costs to mitigate existing deficiencies whne Pasco continue to annex other
areas of the UGA.
We appreciate your time in hearing our concerns and frustration with the Community and Economic
Development Department and hope that you grant the appeal and utility waiver through your authority
granted in PMC 16.15.050(1).
Thank you for your time,
Page 3 of 3
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Date: July 9, 2021
Task: Land Capacity & Future Development Analysis
Staff: Jacob B. Gonzalez, Senior Planner
Description: Develop an assessment of projected residential capacity for the purpose of sewer (lift‐station) analysis
surrounding the property at Road 96, for Short‐Plat 2021‐001 / Appeal 2021‐001.
Task Steps
1. Select all residential parcels within 0.5 miles of site Parcel No 118101057
Figure 1 ‐ Residential Parcels within Buffer Area
Table 1 ‐ Residential Demographics within Buffer Area
Total Parcels Population Households Dwellings
Area
(Acres)
Density
(DU – Gross)
993 2,845 970 994 462.69 2.14
2. Select all vacant, residential parcels within 0.5 miles of site Parcel No 118101057
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Figure 2 ‐ Vacant Residential Parcels within Buffer Area
Table 2 ‐ Vacant Residential Parcels within Buffer Area
Total Parcels Population Households Dwellings Area (Acres)
Density
(DU – Gross)
21 0 0 0 22.5 0
3. Determine Residential Building Capacity for Vacant Lands
To estimate potential building capacity, we need to identify the area of vacant lands by Comprehensive Plan Land Use
and City Zoning.
Table 3 ‐ Development Capacity of Vacant Lots
Comprehensive
Plan Land Use
# of Parcels Area (Acres)
Permitted Density
Range
Development
Capacity*
Medium Density
Residential
8 8.8 (5.28) 6 – 20 du/acre 68.64 DUs
Low Density
Residential
13 14.5 (8.7) 2 – 5 du/acre 30.45 DUs
*Development Capacity is determined by using the average of the permitted density range multiplied by the total area
after accommodating a 45% reduction for right‐of‐way, environmental and market factor.
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4. Capacity Results
The results from the analysis indicate that the vacant lands have capacity for upwards of 162 dwellings. After a review
check of the vacant lands, it should be noted that the lots within the Medium Density Residential Land Use are currently
zoned for Office uses and are also located in an area with substantial access issues. Staff does not recommend including
these lands for residential development considerations.
Table 4 below summarizes the development capacity for the area, per staff recommendations and analysis.
Current
Population
Current
Dwellings
Current Density
Forecasted
Population
Forecasted
Dwellings
Forecasted Density
2,845 994 2.14 3,000* 1,024 2.21
*Forecasted population was determined by using the existing household size (2.93) for occupied households within the
buffer area.
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QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure by:
• Using Community Development Block Grant (CDBG) and other public and private capital to
revitalize older neighborhoods and safe routes to essential services.
• Continuing efforts toward designing, siting, programming needs, and site selection for a
community center and pursuing acquisition of land for future community park.
• Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional
soccer and sports fields.
• Coordinating with the Pasco Public Facilities District to develop a public education campaign,
financial analysis and prepare a ballot measure concerning the development of a regional aquatic
facility for consideration by the people.
• Completing construction of a new animal control facility.
• Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of
municipal services, programs, and long-term maintenance and viability of public facilities.
• Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to
enhance engagement efforts and organizational cultural competency.
• Updating design standards for the development of new neighborhoods and re-development to
promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics,
sustainability, and community gathering spaces.
• Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs
assessment, level of service, and centers evaluation.
• Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies
that emphasize affordable housing.
FINANCIAL SUSTAINABILITY
Enhance the long-term financial viability, value, and service levels of services and programs, including:
• Regular evaluation of services and programs to confirm importance to community, adequacy, and
cost-benefit.
• Continuation of cost of service and recovery targets in evaluating City services.
• Ongoing evaluation of costs, processes and performance associated with delivery of City services
including customer feedback and satisfaction, staffing, facilities, and partnership opportunities.
• Instilling and promoting an organizational culture of customer service across all business lines.
• Updating policies relating to urbanization of the unincorporated islands to assure consistency with
long-range planning, community safety, and fiscal sustainability.
City Council Goals 2020-2021
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COMMUNITY SAFETY
Preserve past improvements and promote future gains by:
• Developing a Comprehensive Police Strategic Master Plan through a transparent process to evaluate
future service levels of the department to assure sustainability, public safety, and crime control over
the next 5-10 years.
• Collaborating with regional and community partners to evaluate and implement strategies to
reduce the incidence of homelessness.
• Leveraging and expanding partnerships to maintain and enhance behavioral health services to
community members in crisis being assisted by police and fire.
• Continuing efforts to improve police and community relations.
• Working to achieve and maintain target fire response times through operational improvements and
long-range strategic planning of facilities and staffing.
• Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community
rating.
• Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with
evaluating policies and methods to address needs and inequities.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly-functional multi-modal transportation network through:
• Commencement and completion of construction of the Lewis Street Overpass project.
• Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor to improve operation
and safety.
• Data-driven pro-active neighborhood traffic calming efforts.
• Continued collaboration with Ben Franklin Transit to enhance mobility and access.
• Completion of a Transportation System Master Plan and utilization of its recommendations to
develop policies, regulations, programs, and projects that provide for greater connectivity, strategic
investment, mobility, multi-modal systems, accessibility, efficiency and safety.
ECONOMIC VITALITY
Promote and encourage economic vitality by supporting:
• Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID
restart, and City initiatives such as Downtown Master Plan process and sign code modifications.
• The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape
and gateway upgrades.
• The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts,
adoption of Urban Growth Area expansion alternative, implementation of adopted long-range
planning efforts with appropriate analysis and adoption of planning actions including: zoning code
changes, phased sign code update, and development regulations and standards.
• Increased efforts to promote the community as a desirable place for commercial and industrial
development by promoting small business outreach and assistance, predictability in project review,
and excellent customer service.
• Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate
development of the remaining state-owned properties at Road 68/I-182.
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• Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning
plan and provide for public infrastructure.
• Active partnerships in the planning and development of strategies to promote tourism and
deployment of assets to spur economic activity.
• In concert with community partners, development of a comprehensive economic development
plan.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion and image through:
• Continued efforts of community surveying through traditional methods and the application of new
technologies.
• Providing opportunities for community engagement through boards, commissions, volunteer
opportunities, social media, forums, and other outlets.
• Enhanced inter-agency and constituent coordination developed during the pandemic.
• Continued efforts of the community identity/image enhancement campaign to include promotion
of community and organizational successes.
• Enhanced participation and support of cultural events occurring within the community.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity
through art and culture programs.
For more information, visit www.pasco-wa.gov/councilgoals
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CALIDAD DE VIDA
Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y
reinversiones adecuadas en la infraestructura de la comunidad al:
• Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el
Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las
rutas seguras a los servicios esenciales.
• Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y
la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para
un futuro parque comunitario.
• Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los
esfuerzos de proporcionar más campos de fútbol y de otros deportes.
• Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para
desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta
sobre el desarrollo de una instalación acuática regional para que sea considerada por el público.
• Terminar la construcción de una nueva instalación para el control de animales.
• Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega
de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de
instalaciones públicas.
• Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y
Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad
cultural organizacional.
• Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para
promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal,
evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de
la comunidad.
• Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las
Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las
necesidades, el nivel de servicio, y la evaluación del centro.
• Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de
Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas.
SUSTENTABILIDAD FINANCIERA
Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas,
incluyendo:
• La evaluación regular de los servicios y de los programas para confirmar la importancia de la
comunidad, la capitalización adecuada, y el costo-beneficio.
Metas del Concilio de la
Ciudad del 2020-2021
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• La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la
Ciudad.
• La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los
servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las
instalaciones, y las oportunidades colaborativas.
• Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de
negocio.
• Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar
consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal.
SEGURIDAD COMUNITARIA
Preservar las mejorías anteriores y promover las ganancias futuras al:
• Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico
Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de
servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes
durante los siguientes 5-10 años.
• Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para
reducir los casos de personas sin techo.
• Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a
los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y
por los bomberos.
• Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad.
• Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías
operacionales y la planificación estratégica de instalaciones y personal a largo plazo.
• Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del
Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington).
• Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del
pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las
injusticias.
RED DE TRANSPORTE COMUNITARIO
Promover una red de transporte extremadamente funcional y multimodal a través de:
• El comienzo y el término de la construcción del proyecto Lewis Street Overpass.
• El énfasis continuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y
la seguridad.
• Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades.
• La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso.
• El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la
utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que
proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
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VITALIDAD ECONOMICA
Promover y motivar la vitalidad económica al apoyar:
• Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de
Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el
proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de
anuncios.
• La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos
continuos para discutir paisajes urbanos y actualizaciones de entradas.
• El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización
Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de
Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del
Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los
análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos
de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los
estándares.
• Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial
e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la
revisión de proyectos, y un excelente servicio al cliente.
• Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de
Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I-
182.
• La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un
plan de zonas costeras y proporcionar una infraestructura pública.
• Las colaboraciones activas en la planificación y el desarrollo de estrategias para promover el turismo
y la utilización de recursos para estimular actividad económica.
• Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo
económico.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de:
• Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la
aplicación de nuevas tecnologías.
• Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas,
comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios.
• Una mejor coordinación entre las agencias y los constituyentes desarrollada durante la pandémica.
• Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que
promuevan a la comunidad y a los éxitos organizacionales.
• Una mejor participación y apoyo de los eventos culturales llevados a cabo dentro de la comunidad.
• El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y
celebrar la diversidad a través de programas de arte y cultura.
Para más información, visite www.pasco-wa.gov/councilgoals
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