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