HomeMy WebLinkAbout2024.04.08 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Monday, April 8, 2024
Pasco City Hall, Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City
Council Workshops are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
To listen to the meeting via phone, call (914) 614-3221 and use access code
347-125-017.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION
(a) Pasco High School Dance Team Recognition (7 minutes)
Mayor Serrano will read and present a letter of congratulations to the
Pasco High School Dance Team Members
3 - 15 (b) Resolution - Surplus of City Property Along Argent Road (Parcel
No. 113300252) (5 minutes)
16 - 45 (c) Resolution - Change Order No. 3 Approval for PWRF Phase 2
Improvements (4 minutes)
46 - 61 (d) Resolution - Change Order No. 5 for I-182/Broadmoor Blvd
Interchange Project (4 minutes)
62 - 78 (e) Resolution – Developer Reimbursement (Latecomer) Agr for
Page 1 of 90
Spencer Estates PH 4 (5 minutes)
79 - 88 (f) Legal Counsel Discussion (5 minutes)
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
8. ADJOURNMENT
9. ADDITIONAL NOTES
89 - 90 (a) Adopted Council Goals (Reference Only)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
Page 2 of 90
AGENDA REPORT
FOR: City Council March 20, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 4/8/24
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Resolution - Surplus of City Property Along Argent Road (Parcel No.
113300252) (5 minutes)
I. REFERENCE(S):
Presentation
Request for Proposal
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
TBD
IV. HISTORY AND FACTS BRIEF:
Historically, City of Pasco has built an inventory of City-owned parcels that
have been sold, as needed, for civic and development needs. The property in
question represents a valuable asset to the city, not just in financial terms but
also in its potential to contribute to the city's development objectives. The right
land use decision could support community goals such as commercial
development or public services enhancement. A request for proposal for
purchase and development provides a formal process for soliciting information
from prospective developers/owners and will enable the City to fairly compare
submissions to ultimately choose a developer and sell the site for the best use.
V. DISCUSSION:
Pasco Municipal Code (PMC) Section 2.120.010 authorizes the City Council to
declare property surplus to City needs and offer said property to be sold.
Council shall, according to Section 2.120.020, by resolution, authorize sale by
Page 3 of 90
either fixing a minimum price or authorizing sale through the determination of
minimum price through appraisal or market analysis.
Page 4 of 90
Argent Road Property
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Commercial Land – W. Argent Road
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Request for Proposal
RFP for Purchase and Development for the land
Allows for:
Soliciting interests from qualified developers.
Provides more transparency and clarity to process and
expectations.
Direct comparison of all interests available.
Select best value for the community.
Pa
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Policy Decision
Requesting approval to surplus the property to
move forward with RFP.
Pa
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Page 1 | 5
Request For Proposals (RFP)
Purchase and Development of 20th & Argent Corner
Lot
Issued: May 1, 2024
Responses Due: July 31, 2024
Version: 1.0
Executive Summary
Page 9 of 90
Page 2 | 5
The City of Pasco is seeking proposals from qualified developers &/or owner/users for the
development of the 2.45-acre parcel at the SE corner of 20th Avenue and Argent Road.
Interested parties should submit a proposal that identifies the following:
• Offer Price
• Proposed Use of Development
• Proposed Occupant/Tenant if Different From Owner
• Proposed Time Frames For Permitting and Construction
• Resume of Buyer’s Current Portfolio &/or Past Development
• Proposed Site Plan
• Proposed Building Specifications
• Renderings If Available
The City is looking for an experienced group to develop the site that addresses the City’s objectives
for the property – high quality development that works in concert with the growing volume of hotel
rooms in the area, student housing and daily community college traffic and high-volume regional
airport traffic.
This region of the city is experiencing steady growth and increasing demand for services to meet
the daytime and evening needs of the region. Located a short distance from the Interstate 182
interchange, this prime corner site is located at the entrance to the Tri-Cities Airport PSC.
Development of the site should include a nationally branded, full-service restaurant for travelers,
flight crews, college students and local traffic. The establishment should provide 7-day-a-week
operations with breakfast, lunch, and dinner service.
An equally recognizable full-service coffeehouse is desirable in this high traffic area. Additional
business types may include national franchise fast food, fitness, real estate, or professional services.
Property Features
The site consists of a 2.45-acre corner lot, as shown below. Both sites front Burden Blvd.
Address: TBD Argent Road, Pasco, WA
Parcel #: 113.300.252
Access: Shared Access off of Argent
Zoning: C-1 Retail Business District
Utilities: City Water, City Sewer, Natural Gas, Electricity
Page 10 of 90
Page 3 | 5
Property Aerials
Priorities & Objectives
As a highly visible and prominent site within the City and adjacent to other community assets, the
following priorities and objectives should be incorporated in your overall design concept for this
development:
• Specify End User(s) &/or Tenant(s)
• Expected Number of New Jobs Created
• Exterior Elevations/Renderings
• Planned Timing For Development
• Past Track Record For Similar Developments
Selection Criteria
The intent of this RFP is to provide the City with market-based input on the retail development
concepts for this site. The responses to this RFP will be used to form a recommendation to the City
Council regarding a strategy to move forward. Submissions should include:
1. Executive Summary and/or letter of interest with contact information.
2. Exemplified, relevant experience implementing similar concepts. Include examples of previous
projects that you have completed that directly align with the goals, objectives and vision of this
project. Specific examples may include, photos, plans and/or renderings.
3. Description of projects designed and built, proposed ownership and legal structure.
4. Overview of the development team’s experience and project roles along with specific
involvement in relevant projects.
5. Demonstration of financial resources and the capacity available to complete the proposed
project from start to finish.
Page 11 of 90
Page 4 | 5
A. Provide a detailed description of the proposed financing structure for the project with
examples from previous projects.
B. Identify any current or pending financial obligations that may impact the ability of the
respondent to complete the proposed development in a timely manner.
C. Provide two reference letters from financial institutions that have participated financially in
any of the respondent’s projects during the last five years. Reference letters should show
the amount of financial assistance and the name of the project.
D. Other pertinent documentation or evidence of the capacity and ability to provide
guarantees required during the development process.
6. Time frame including milestones for the project, such as acquiring the property, securing
financing, beginning and completing the project, and obtaining certificates of occupancy.
7. Three professional references including public agencies where applicable.
Questions regarding this RFP will be accepted until June 28, 2024, via email to Broker. All
submitted questions and answers will be emailed to the group of interested parties directly and
posted online as an Addendum to this RFP, each Friday of the submission period.
Phone inquiries and special meeting requests will not be accepted to allow for the public record to
be maintained.
RFP Process
Vendors are solely responsible for ensuring their submittal is received by the Broker for the City of
Pasco prior to the deadline.
Please provide an electronic (PDF) of your RFP submittal no later than 3 pm on July 31, 2024 to:
Rob Ellsworth | CCIM
SVN | Retter & Co.
rob@RobEllsworth.com
Any submittals received after 3:00 p.m. on July 31, 2024 will not be considered for evaluation.
The City will establish a committee to review the RFP submittals. Following the committee’s review
of the responses to the RFP each respondent shall receive a written notification of the next steps
determined in the process and whether they will be moving forward.
All respondents will be notified of the status of their submission not later than August 15, 2024.
This RFP may lead to one of the following outcomes:
• Direct negotiations for the site purchase or lease and development of the property;
• A request for additional information from one or more RFP respondents including interviews;
• Cancellation of all or a portion of this RFP without the selection of a development team.
Interested parties responding to the RFP understand that the information they provide may be
used in whole or in part by the City. Response to the RFP does not legally bind the respondent to the
City in any way, or the City to the respondent.
The City shall not be responsible for any costs or expenses that are incurred by respondents
participating in the RFP process.
Page 12 of 90
Page 5 | 5
The City of Pasco expressly reserves the following rights:
• To reject any and/or all irregularities in the qualifications submitted;
• To reject any or all qualifications for portions thereof;
• To base awards with due regard to quality of services, experience, compliance, with
specifications and other such factors that may be necessary in the circumstances;
• To make the award to any respondent or combination of respondents whose qualifications in the
opinion of the City, is in the best interest of the City.
All material submitted by the Respondents shall be used in whole or in part and be considered
property of the City of Pasco, and the City will not be required to return same to any Respondent.
The material submitted by Respondent will be treated in the same manner as the City’s own
records. After opening, all Responses become part of the public record unless exempt under
Washington State Public Records Act.
Respondents wishing to exempt appropriate portions of their Responses from disclosure as public
records are encouraged to discuss their concerns with the Broker by email at
Rob@RobEllsworth.com, before submitting a response.
Broker Contact
Rob Ellsworth
Senior Advisor
SVN | Retter & Co.
329 N. Kellogg St.
Kennewick, WA 99336
509.430.2378
Rob@RobEllsworth.com
Page 13 of 90
Resolution – Surplus City-Owned Property Parcel No. 113300252-1
RESOLUTION NO. ___
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
DECLARING CITY-OWNED REAL PROPERTY SURPLUS, SETTING THE
MINIMUM PRICE AND THE METHOD OF SALE FOR PARCEL NO.
113300252, AND FURTHER, AUTHORIZE THE CITY MANAGER TO SELL
THE PROPERTY THROUGH REALTOR LISTING FOR A MINIMUM PRICE
DETERMINED THROUGH MARKET ANALYSIS.
WHEREAS, in accordance with Pasco Municipal Code (PMC) Chapter 2.120, prior to a
sale of real property the City Council shall declare the same to be surplus and the sale to be in the
best interest of the City, set the minimum price for the sale of the property, and determine the
method of sale; and
WHEREAS, pursuant to PMC 2.120.030 the City Council may resolve to affect the sale
by way of, among other methods, a listing agent, after request for qualifications (RFQ) for a
qualified licensed realtor, but in any event shall declare the method of sale of the surplus property;
and
WHEREAS, in accordance with PMC 2.120.020 the Council shall set the minimum price
for the sale or authorize a determination of the minimum price by way of appraisal or market
analysis; and
WHEREAS, the City Council hereby declares that it is in the best interest to surplus Parcel
No. 113300252, as it is no longer needed for municipal purposes, the method of sale shall be by
and through a listing agent selected through the RFQ process, and authorizes a determination of
the minimum price by market analysis; and
WHEREAS, the Pasco City Council finds it in the City’s best interest to authorize the
listing for sale of Parcel No. 113300252, subject to final approval of the City Council and in
accordance with the recommendations of the City’s Real Estate Broker; and
WHEREAS, the City Council listed the subject property with a qualified realtor under the
terms of the negotiated listing agreement (on file with City) which among other things includes
the terms of the listing, the minimum price of the subject property, realtor services to be performed
and expresses that the Council’s approval is a condition precedent to the sale being completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to market this property through a realtor listing for a
minimum price to be determined through market analysis; and to take all necessary steps required
to accomplish this transaction.
Page 14 of 90
Resolution – Surplus City-Owned Property Parcel No. 113300252-1
PASSED by the City Council of the City of Pasco, Washington, on this 1st day of April,
2024.
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 15 of 90
AGENDA REPORT
FOR: City Council April 2, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 4/8/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Resolution - Change Order No. 3 Approval for PWRF Phase 2
Improvements (4 minutes)
I. REFERENCE(S):
Resolution
Exhibit A – Change Order No. 3
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Engineer’s Construction Estimate $45,488,837.00
Awarded Construction Contract Amount $31,588,246.92
Previously Approved Change Order No. 1 $31,528.58
Previously Approved Change Order No. 2 $250,834.55
Change Order No. 3 $264,488.90
New Contract Total $32,135,098.95
The proposed change order can be accommodated within the project budget,
and is funded through a State Revolving Fund low interest loan awarded by
Washington State Department of Ecology.
IV. HISTORY AND FACTS BRIEF:
The Ecology funding agreement WQC-2024-Pasco-00091, which was
2024, authorized through adoption of Resolution No. 4425 on March 4,
includes a change order allowance to negotiate additional construction contract
changes necessary for successful completion of the project.
Page 16 of 90
Previously approved Change Order (CO) No. 1 provided for the construction
and installation of twenty-one (21) artificial owl burrows to comply with federal
funding and environmental mitigation requirements. CO No. 1 was fully
executed on March 13, 2024 under the authority delegated to the Public Works
Director.
Council adoption of Resolution No. 4433 on March 18, 2024 authorized the
City Manager to execute CO No. 2 with Tapani, Inc. on behalf of the City. CO
No. structural substitutions material and addressed 2 construction
system approved installation functional of for needed modifications fully
components as well as maintaining compliance with federal funding and
regulatory requirements.
V. DISCUSSION:
Change proposal requests (CPRs) were identified, reviewed, and packaged for
approval into proposed CO No. 3. These changes address piping and facility
infrastructure modifications needed to maintain fully functioning process water
customer connections and tie-ins. The key changes proposed include:
Piping segments, drain connections, and appurtenances (i.e., reducers,
redundant air vents, pipe anchor walls) are added to accommodate
complete and functioning installation of the connections between the
PWRF storage ponds and the Darigold force mains. These occurred
post design when Darigold’s confirmation of force main pipe sizes and
material selections became available.
A 12-inch flow meter vault has been requested by the City for the new
Darigold process water force main as it had been determined after
design that there are no other means to meter this flow. This includes
additional electrical power to the meter vaults for electrically actuated
components.
Structural modifications to the Irrigation Pump Station (IPS) are needed
to provide sufficient clearance for installation of the 48-inch slide gate
which will be used for the connection to the new storage ponds. The
existing single-leaf roof hatch is not large enough to allow for placement
of the 48-inch slide gate and frame assembly and will require removal
and full installation of a replacement double-leaf roof hatch.
These itemized changes will constitute a third change order to the project in the
amount of $264,488.90 with an increase of 10 working days added to the
original contract time.
Staff recommends approval of CO No. 3 in the amount of $264,488.90 for the
PWRF - Phase 2 Winter Storage Pond project.
Page 17 of 90
Resolution - CO No. 3 for PWRF Phase 2 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
3 WITH TAPANI, INC. FOR THE PROCESS WATER REUSE FACILITY
PHASE 2 WINTER STORAGE IMPROVEMENTS PROJECT.
WHEREAS, the City of Pasco (City) and Tapani, Inc. entered into a Construction Contract
on September 11, 2023, for construction of the Process Water Reuse Facility (PWRF) Phase 2
Winter Storage Pond Improvements; and
WHEREAS, previously approved Change Order No. 1 was under the authority provided
to the Public Works Director; and
WHEREAS, previously approved Change Order No. 2 was under the authority provided
to the City Manager via Council adoption of Resolution No. 4433 on March 18, 2024; and
WHEREAS, proposed Change Order No. 3 is issued to address enhancements of various
new piping components and infrastructure to support processor connection requirements, minor
drawing updates and clarifications, in addition to structural modifications to the existing Irrigation
Pump Station (IPS) needed to accommodate tie-ins to new winter storage ponds; and
WHEREAS, the $264,488.90 amount of Change Order No. 3 added to the cumulative sum
of previously approved Change Orders, is close to exceeding the City Manager’s authority, and
thus determined to obtain Council approval; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into Change
Order No. 3 with Tapani, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of Change
Order No. 3 between the City of Pasco and Tapani, Inc. as attached hereto and incorporated herein
as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington is hereby
authorized, empowered, and directed to execute said Change Order No. 3 on behalf of the City of
Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 18 of 90
Resolution - CO No. 3 for PWRF Phase 2 - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 19 of 90
3/19/2024
3/20/2024
Brandon Farmer
Digitally signed by Brandon Farmer
DN: C=US,
E=BrandonF@Tapani.com,
O=Tapani Inc., CN=Brandon Farmer
Date: 2024.03.20 11:17:20-07'00'3/20/2024
Page 20 of 90
Page 21 of 90
Date:1/31/2024
Project Name:PWRF P2
Contract #
Job #242001
CPR #6
Description: Minor Plan Changes
Hours Rate Hours Rate
Foreman 72 77.60$ 18 116.41$ HRS 7,682.87$
Pipelayer 72 67.35$ 18 101.03$ HRS 6,668.06$
Backhoe (45,000 Gw & Under) 72 75.74$ 18 113.61$ HRS 7,498.31$
Loader Operator (front-end & Overhead, 4 Yds. Incl. 8 Yds.) 72 76.09$ 18 114.14$ HRS 7,533.19$
General Laborer 72 66.68$ 18 100.01$ HRS 6,600.86$
Labor Sub Total 35,983.29$
Labor Overhead & Profit 15%5,397.49$
Sick Leave 0%-$
Labor Total 41,380.79$
Equipment # Equipment Description Units Rate Unit Total
5220174 Crew Truck 90 49.23$ HRS 4,430.70$
1130110 Caterpillar 336F Excavator 90 163.74$ HRS 14,736.60$
1530060 Caterpillar 938M Loader 90 78.16$ HRS 7,034.40$
Equipment Sub Total 26,201.70$
Equipment Overhead & Profit 15%3,930.26$
Equipment Total 30,131.96$
Unit Rate Quantity Unit Total
109,220.20$ 1 LSU 109,220.20$
(33,294.09)$ 1 LSU (33,294.09)$
12,925.00$ 1 LSU 12,925.00$
300.00$ 4 EA 1,200.00$
-$
Material Sub Total 90,051.11$
Material Overhead & Profit 15%13,507.67$
Material Total 103,558.78$
Unit Rate Quantity Unit Total
650.00$ 1 LSU 650.00$
Survey - MGS - Additional Survey 1,500.00$ 1 LSU 1,500.00$
7,093.80$ 1 LSU 7,093.80$
26,658.87$ 1 LSU 26,658.87$
Straight Line - Filing Fees (Estimated) 300.00$ 1 LSU 300.00$
900.00$ 4 EA 3,600.00$
Sub Contractors Sub Total 39,802.67$
Subcontractor Overhead & Profit 15%5,970.40$
Subcontractor Total 45,773.07$
Unit Rate Quantity Unit Total
525.00$ 1 Day 525.00$
-$
Other Sub Total 525.00$
Other Overhead & Profit 15%78.75$
Stipulations Other Total 603.75$
Sub Total 221,448.34$
Accepted by: General Liability Insurance 0.0000%-$
Bond 0.0% -$
Date:Total Amount 221,448.34$
10
This Change increases the time to complete the project by: Day(s)
This proposal is based on the usual cost elements such as labor, material, and normal markups and does not include all costs for additional changes in the sequence of work,
delays, disruptions, rescheduling, extended overhead, overtime (unless specified), acceleration, and/or impact costs; and the right is expressly reserved to make claim for any
and all (if any) of these related items prior to final completion of this contract. Please consider this language official "notice" as defined in subcontract and/or main contract.
Force Account/ Change Order Worksheet
Description
Please see the attached CPR document for a full detail of what is covered in this scope.
Material Description
Pipe - HD Fowler
Pipe - HD Fowler (Meter Vault DI Material Credit)
Precast - Inland
Bollard - No Quote (Tapani Fabricated)
LABOR
EQUIPMENT
Overtime
Class
MATERIAL
OTHER
Straight Time
Fusion Machine + Datalogger + De-beader Rental
Name/Description Unit Total
Straight Lline - Core Manholes
SUBCONTRACTORS
Subcontractor Description
Survey - MGS - Update CAD Files
Structural - Tapani Structures (Includes Meter Box Coating from CIC)
Electrical - Silverline
Corporate Office
PO Box 1900
Battle Ground, WA 98604
360.687.1148
Page 22 of 90
Bid No: Q539440 Page 1 of 2
Quote #:Q539440
Bid Date:1/12/2024
Line Qty UoM Description Unit Price Extended Price
CARV CHANGES
2 4 EA 4" X 12" BRASS NIPPLE 177.97 711.88
3 4 EA 4" BRASS TEE 196.55 786.20
4 24 EA 4" X 4" BRASS NIPPLE SCH40 66.67 1,600.08
5 8 EA 4" BRASS ELBOW 90 DEGREE 144.15 1,153.20
6 8 EA 4" BRASS BALL VALVE THREADED NO-LEAD 359.89 2,879.12
7 4 EA
4" COMBINATION/UNIVERSAL SEWAGE AIR RELEASE Valve, Crispin Model
US40-US, 4" NPT Inlet & Outlet, 3/16" AVO, Cast Iron Body, Stainless Steel
Trim, Buna-N Seating, Steel Bolting, Lined and Coated with 8 +/-4 mils DFT of
Two Part Liquid Epoxy, 20-150 PSI Working Pressure
2,650.00 10,600.00
8 80 FT 12" SCH 40 IPS SOLVENT WELD PVC PIPE 20' LENGTH 22.47 1,797.60
9 12 EA 12" SCH 40 PVC 90 ELBOW SXS 867.61 10,411.32
1 SHEET C305,C307,C309,C310 CHANGES
CARV CHANGES Subtotal 29,939.40
HDPE REDUCERS
10 C316 CHANGES
11 2 EA 12" X 10" REDUCER HDPE DR11 X DR13.5 122.03 244.06
HDPE REDUCERS Subtotal 244.06
FLOW METER VAULT CHANGES
12 C318, C325 CHANGES
13 3 EA 12" X 3' LONG SS SPOOLS DOMESTIC 10,000.00 30,000.00
14 3 EA
12" DJ400-12 DISMANTLING JOINT CLASS D FLANGE, EPOXY COAT, STD B&N,
AIS DOMESTIC
4,000.00 12,000.00
15 1 SEE ATTACHED EMAIL FOR QUNAITYS OF MATERIAL DELETED
FLOW METER VAULT CHANGES Subtotal 42,000.00
FLOW METER VAULT ADDED
16 C319,C324 CHANGES
17 1 EA 12" X 3' LONG SS SPOOLS DOMESTIC 10,000.00 10,000.00
18 1 EA
12" DJ400-12 DISMANTLING JOINT CLASS D FLANGE, EPOXY COAT, STD B&N,
AIS DOMESTIC
4,000.00 4,000.00
19 1 EA
12" 800 SERIES FLANGED PLUG VALVE WITH AUMA ELECTRIC ACTUATOR
(480VAC/3-PH/60HZ) FOR OPEN/CLOSE SERVICE, MODEL #KG12845, AIS
COMPLIANT
11,500.00 11,500.00
Estimator:Aidan Keser
Job Name:PWRF CHANGE REQUEST 6
Location:PASCO, WA
Customer:TAPANI UNDERGROUND INC
See additional Pages for deduct
and restock fee.
Page 23 of 90
Bid No: Q539440 Page 2 of 2
20 1 EA STARTUP AND TRAINING 4,000.00 4,000.00
21 2 EA 12" SDR 11 FLANGE ADAPTER IPS HDPE MOLDED BUTT FUSION 113.69 227.38
22 2 EA 12" SK-35-P CF-3M (T-316-L) CASTING BACKING FLANGE 2,093.98 4,187.96
23 6 EA
12" CORTEN BOLT & NUT KIT FLOUROPOLYMER COATED, HDPE FLG X DI FLG
12 EA 7/8" X 5-1/2", DOMESTIC
120.00 720.00
24 6 EA 12" 1/8" FULL FACE GASKET, NEOPRENE, 150#10.48 62.88
25 2 EA
12" ADJ SADDLE SUPPORT ZINC PLATED SIZE FOR DIP #S92 STANDON 200.00 400.00
26 2 EA 2" X 24" SCH 40 GALVANIZED NIPPLE DOMESTIC A53 ERW 90.97 181.94
27 1 EA 1" X CLOSE SCH 40 GALVANIZED NIPPLE DOMESTIC A53 ERW 4.61 4.61
28 1 EA
1" DIELECTRIC UNION BRASS X GALV STEEL LEAD FREE 9876 WATTS 79.85 79.85
29 1 EA 1" X 1/4" SCH 40 GALVANIZED BUSHING DOMESTIC 11.57 11.57
30 3 EA 1/4" X 3" SCH 40 BRASS NIPPLE IMPORT 2.06 6.18
31 1 EA 1/4" BRASS BALL VALVE THREADED 9.05 9.05
32 1 EA 1/4" BRASS TEE IMPORT 4.11 4.11
33 13 EA LINK-SEAL LS-475-S EPDM & 316SS FASTENERS 25.57 332.41
FLOW METER VAULT ADDED Subtotal 35,727.94
CHANGES
34 C342,C348,C349,C358 CHANGES
35 4 EA 8" X 2" HDPE DR7 TEE 450.00 1,800.00
36 8 EA 2" SDR 11 FLANGE ADAPTER IPS HDPE MOLDED BUTT FUSION 9.68 77.44
37 8 EA 2" SS BACKING RING 316 142.00 1,136.00
38 1 EA
2" MILLIKEN PLUG VALVE, 125# FLANGED, DI Body, Epoxy Seat, Buna Plug,
316 SS Bearings, PTFE Grit Seals, 8 Mils Epoxy Coating, Lever Operated.
611AE1L
350.00 350.00
39 200 FT 2" SDR 11 IPS HDPE PIPE 100' COIL 3.50 700.00
CHANGES Subtotal 4,063.44
CHANGES
40 C346,C347 CHANGES
41 2 EA
8" 45 ELBOW IPS HDPE MOLDED BUTT FUSION, 335 PSI DESIGN PRESSURE 200.00 400.00
42 1 EA 8" X 2" HDPE DR7 TEE
43 2 EA 2" SDR 11 FLANGE ADAPTER IPS HDPE MOLDED BUTT FUSION 9.68 19.36
44 2 EA 2" SS BACKING RING 316 142.00 284.00
45 1 EA
2" MILLIKEN PLUG VALVE, 125# FLANGED, DI Body, Epoxy Seat, Buna Plug,
316 SS Bearings, PTFE Grit Seals, 8 Mils Epoxy Coating, Lever Operated.
611AE1L
350.00 350.00
46 100 FT 2" SDR 11 IPS HDPE PIPE 100' COIL 1.92 192.00
47 1 PLEASE SEE EMAIL FOR DELETED ITEMS
CHANGES Subtotal 1,245.36
Approximate Grand Total 113,220.20
-4,000.00
$109,220.20
Confirmed with Fowler on 2/5/2024 that we can take this off if all the plug valves can go
through startup and testing at the same time and Tapani said they can. Remove $4,000 Item.
Page 24 of 90
Additional 15% restock fee for these two
items per additional email 2 pages down.
-$13,635.90 / 1.15 = -$11,857.30
-$8,643.96 / 1.15 = -$7,516.49
Last Item No Fee = -$13,920.30
Total = -$33,294.09
Page 25 of 90
Page 26 of 90
To: Tapani INC. ATTN: Brandon Farmer
PROJECT LOCATION: Pasco, WA. Date: 1/31/2024
BID ITEM#Total L.F. EACH
BY: Seth Holan 1/31/24
$12,925.00 TOTAL:
Clarifications/Pricing: Pricing is based on plans labeled City of Pasco - PWRF Phase 2: Winter
Storage. Pricing is based on contractor and INW Precast coming to a mutual aggreable delivery
and build schedule. Product to be delivered to "lay-down" area, off-load by contractor. Truck
time will be charged @ $165.00 an hour per truck after 1st intial hour on-site. Clear access is
required for delivery without any interuptions from other trades or work. Please see WSDOT
Spec. 1-09.3.OPT1.FR1 for fuel surcharge calculation that will be implemented by INW Precast.
Proper sub-grade preparation is critical to the performance of the precast structures. Sales Tax
not included. Inland Northwest Precast is a NPCA approved Plant.
Escalation: Pricing good through 2024 construction season at which time there will be a 5%
escalation charge added to "each" price for each subsequent year structures are needed.
(509) 226-5050
**VETERAN OWNED**
SUBJECT TO ADDITIONAL CHARGES. PRICE SUBJECT TO CHANGE ACCORDINGLY IF THERE ARE REVISIONS
ITEM DESCRIPTION TOTAL
*ABOVE QUOTE IS GOOD FOR 30 DAYS. SALES TAX NOT INCLUDED. ALL QUOTES ARE FOB JOB SITE.
OFF-LOAD BY CONTRACTOR. PRICES ABOVE ARE TRUCKLOAD QUANTITIES ONLY. PARTIAL LOADS ARE
5' x 11' x 7'8" Tall Meter Vault as depicted on sheet C-
366, detail 2. Includes 33" x 66" H-20 rated
Aluminum Hatch. 1 $12,925.00 $12,925.00
**SMALL BUSINESS**Inland Northwest Precast
5516 North Starr Rd PO Box 610
Newman Lake, WA 99025
PROJECT: City of Pasco - PWRF Phase 2 - Winter Storage -
Additional Vault
Page 27 of 90
809 S Auburn St. Kennewick, Washington 99336
(509) 491-1071
January 12, 2024
RE: CPR 06 PWRF Phase 2
Review changes, updated cad files, base drawing, add new points to files. $650.00
Sincerely,
Kevin Bethje P.L.S.
Tapani also plugged in an additional $1500 ROM to survey the
additional scope as needed.
Page 28 of 90
Silverline Electric LLC
4121 W Clearwater Ave
Kennewick, WA 99336
Estimate 23191656
Estimate Date 1/16/2024
Billing Address
Tapani Inc.
1904 Southeast 6th Place # PO Box 1900
Battle Ground, WA 98604 USA
Job Address
PWRF - Process Water Reuse Facility
957 East Foster Wells Road
Pasco, WA 99301 USA
Description of work
Electrical and controls wiring for changes listed in CPR-06
Task #Description Quantity Your Price Total
E- 102 Rough In Labor 16.00 $136.85 $2,189.60
E-100 Material handling / Project Management 5.00 $133.98 $669.90
E-120 Rough in material 1.00 $402.50 $402.50
E-125 Added analog output card to PLC 1.00 $3,831.80 $3,831.80
Sub-Total $7,093.80
Tax $0.00
Total Due $7,093.80
Deposit/Downpayment $0.00
Thank you for choosing Silverline Electric!
I have the authority to order the above work and do so order as outlined above. It is agreed that the seller will retain title to any
equipment or material furnished until final and complete payment is made, and if settlement is not made as agreed, the seller shall
have the right to remove same and the seller will be held harmless for any damages resulting from the removal thereof. In the event of
non-payment of any amounts due, the undersigned agrees to pay reasonable interest on all delinquent monies owed and in the event
of collection agrees to pay all costs of collection including attorney fees. The Service Provider is not responsible for any cosmetic,
equipment or structural damage resulting from the repair or diagnosis of the problem.
Page 29 of 90
Date:1/25/2024
Project Name:PWRF P2 Winter Storage
Contract #242001.01
Job #242001.01
C.O. #6
Description: Short Description
Hours Rate Hours Rate
General Carpenter (Foreman)8" HDPE - Concrete Anchor Wall 45 78.55$ 117.83$ HRS 3,534.94$
General Carpenter 8" HDPE - Concrete Anchor Wall 45 77.32$ 115.99$ HRS 3,479.58$
Labor Sub Total 7,014.52$
Labor Overhead & Profit 0%-$
Labor Total 7,014.52$
Equipment #Equipment Description Units Rate Unit Total
5220174 Crew Truck 45 49.23$ HRS 2,215.35$
Equipment Sub Total 2,215.35$
Equipment Overhead & Profit 0%-$
Equipment Total 2,215.35$
Unit Rate Quantity Unit Total
7,605.00$ 1 7,605.00$
-$
-$
-$
-$
Material Sub Total 7,605.00$
Material Overhead & Profit 0%-$
Material Total 7,605.00$
Unit Rate Quantity Unit Total
9,824.00$ 1 9,824.00$
-$
-$
-$
Sub Contractors Sub Total 9,824.00$
Subcontractor Overhead & Profit 0%-$
Subcontractor Total 9,824.00$
Unit Rate Quantity Unit Total
-$
-$
-$
-$
Other Sub Total -$
Other Overhead & Profit 15%-$
Stipulations Other Total -$
Sub Total 26,658.87$
Accepted by:-$
-$
Date:Total Amount 26,658.87$
This Change increases the time to complete the project by: Day(s)
This proposal is based on the usual cost elements such as labor, material, and normal markups and does not include all costs for additional changes
in the sequence of work, delays, disruptions, rescheduling, extended overhead, overtime (unless specified), acceleration, and/or impact costs; and
the right is expressly reserved to make claim for any and all (if any) of these related items prior to final completion of this contract. Please consider
this language official "notice" as defined in subcontract and/or main contract.
OTHER
Description
N/A
MATERIAL
Material Description
Misc. Formwork, Rebar, Concrete
SUBCONTRACTORS
Subcontractor Description
CIC - Vault Meter Box Coating
Total
EQUIPMENT
Class Name/Description
Straight Time Overtime
Unit
Force Account/ Change Order Worksheet
Plan Change - RH2 requestd (1) additional concrete anchor wall for 8" HDPE sewer washdown line. Along with (2) additonal concrete
anchor walls located on 12" HDPE FM line & coating of one Vault Meter Box.
LABOR
Corporate Office
PO Box 1900
Battle Ground, WA 98604
360.687.1148
See next sheet for CIC quote.Page 30 of 90
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Page 38 of 90
Change Order No. 3 Approval -
PWRF Phase 2 Improvements
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PWRF Phase 2 Project Overview
Approximately 40% complete as of March 2024.
Earthwork activities mostly complete with over 1
million cubic yards of spoils removed from Phase 2
site.
Milestone for Darigold 106 MG lagoon completion
scheduled August 2024.
103MG and 120MG lagoons anticipated completion
by February 2025.
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Construction Costs
CostContract
$31,588,247Construction Contract w/Tapani
$31,529Change Order No. 1 (PW Director)
$250,835Change Order No. 2 (Res. No.
4433)
$264,489Change Order No. 3 (Proposed)*
$32,135,096Total Project Cost
*No impact to total project budget and fully funded through Ecology Construction Loan
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PWRF
Improvements
Phase 3
PWRF Phase 2 Project Update
Future 103MG,106MG,120MG Lagoons
Existing 35MG Lagoon
Existing 8MG Lagoon
Existing 123MG Lagoon
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PWRF
Improvements
Phase 3
PWRF Phase 2 Project Update
8-inch COW Water Force
Main Installation
120MG Lagoon Outlet
Wall Concrete Placement
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Proposed Change Order N0. 3
oVarious design changes to allow for complete operation of
system connections to Darigold COW water infrastructure.
Size and material information not available during design
phase and is being addressed during construction. (Add of
$221k)
oStructural modifications to the existing Irrigation Pump
Station (IPS) required to provide sufficient clearance for
approved new 48-inch slide gate frame installation. (Add of
$23k)
oTotal changes including proposed Change Order No. 3
represents 1.73% of the original contract.
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AGENDA REPORT
FOR: City Council April 2, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 4/8/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Resolution - Change Order No. 5 for I-182/Broadmoor Blvd Interchange
Project (4 minutes)
I. REFERENCE(S):
Resolution
Exhibit A – Change Order No. 5
Power Point Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Awarded Construction Contract Amount $6,691,534.74
Change Oder No. 1 – No. 4 - $273,958.09
Change Order No. 5 - $99,691.70
New Contract Total - $7,065,184.53
IV. HISTORY AND FACTS BRIEF:
The existing freeway interchange (I/C) at Broadmoor Blvd. (Rd. 100) and I-182
serves as the area's primary access point for a large segment of the City's
population in the westerly portion of the City of Pasco (City). As development
has have I/C existing the on past decade, the over occurred demands
increased proportionately. The cumulative effects of increased commercial
development to the south of the interstate; office and commercial uses along
Sandifur and Blvd.; residential development east of Broadmoor/Rd. 100;
development of Burns Rd. between Rd. 68 and Broadmoor Blvd. have all
served to fully utilize the existing I/C. During afternoon peaks hours, it is not
uncommon for traffic to back up down the eastbound I-182 off ramp and into
the interstate's mainline.
Page 46 of 90
The the both in were I/C identified to improvements for need the
Comprehensive Land Use Plan, and the Transportation System Master Plan,
and City’s Transportation Year Six the these included reasons for in
Improvement Plan.
Several identified collaboration in were with the to improvements I/C
Washington State Department of Transportation (WSDOT), Federal Highway
Administration (FHA), the City, and the local development community, and on
June 30 ,2023, Council adopted Resolution 4363 which awarded the
construction contract to Nelson Construction Corp., for the I-182 & Broadmoor
Blvd. the include improvements I/C The Project. Interchange contract’s
construction of an additional eastbound deceleration lane on I-182, a new
looped off ramp for northbound Broadmoor Blvd traffic, and a roundabout to
replace the existing signal at the eastbound on/off ramps and Broadmoor Blvd
intersection.
Since the project’s initiation several change orders have been identified,
reviewed, and approved under the authority delegated to the Public Works
Director. Previously approved Change Orders (CO) No. 1 – No. 4 include the
addition of beam guardrail and terminals; temporary concrete barrier and
impact attenuators; relocation of fiber optic lines and vaults; and the anchoring
of concrete barrier along I-182 corridor.
The cost of CO No. 5 in the amount of $99,961.70 exceeds the Public Works
Director addition the addresses CO approval authority. delegated This
miscellaneous items to the contract’s Cement Concrete Pavement pay item.
Per WSDOT’s standard details, cement concrete pavement is to include dowel
bar baskets, steel rebar, and other miscellaneous items as part of the pay item.
Unfortunately, these items were never specified as being incidental to the
contract and the individual items never listed in the bid document’s schedule of
values.
V. DISCUSSION:
Staff will be providing a brief report on this item and provide recommendations.
Page 47 of 90
Resolution – I-182 – Broadmoor Bvld Interchange CO 5- 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
5 WITH NELSON CONSTRUCTION CORP. FOR THE I-182 & BROADMOOR
BLVD. INTERCHANGE PROJECT.
WHEREAS, the City of Pasco (City) and Nelson Construction Corp. entered into a
Construction Contract on June 30, 2023, for construction of the I-182 & Broadmoor Blvd.
Interchange Project; and
WHEREAS, I-182 & Broadmoor Blvd. Interchange Project addressed the need for a
deceleration lane on Eastbound I-182 offramp, a new loop ramp connecting to Northbound
Broadmoor Boulevard, a roundabout at the Eastbound terminal of Broadmoor Boulevard, active
transportation improvements, and other work; and
WHEREAS, previously approved Change Orders No. 1 – No. 4 were under the authority
provided to the Public Works Director; and
WHEREAS, proposed Change Order No. 5 addresses items that were intended to be
incidental to the contract’s Cement Concrete Pavement pay item, however items were not included
in the contract’s Special Provisions, nor were the items listed on the BID PROPOSAL’S
SCHEDULE OF PRICES; and
WHEREAS, the $99,691.70 amount of Change Order No. 5 added to the cumulative sum
of the previously approved Change Orders, exceeds the City Manager’s authority, and thus
determined to obtain Council Approval; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City to enter into Change Order No.
5 with Nelson Construction Corp.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of Change
Order No. 5 between the City of Pasco and Nelson Construction Corp. as attached hereto and
incorporated in Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Change Order No. 5 on behalf of the City of
Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 48 of 90
Resolution – I-182 – Broadmoor Bvld Interchange CO 5- 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 49 of 90
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Change Order No. 5 Approval –
Cement Concrete Pavement Steel
Reinforcing
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I-182 & Broadmoor Blvd.
Interchange Overview
Approximately 30% complete as of March 2024.
Loop Ramp Excavation is complete with Cement Concrete Pavement along I-
182 scheduled to be installed in April 2024.
Project is currently scheduled for completion November 2024.
Summary of Project Construction Costs
o Construction Contract Award w/Nelson Construction, Corp. (June 2023) = $6,691,534.74
o Change Order No. 1 – No.4 (Public Works Director Approval) = $273,958.09
o Proposed Change Order No. 5 (Council Approval) = $99,691.70
o New Total (All Changes) = $7,065,184.53
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PWRF
Improvements
Phase 3
I-182 & Broadmoor Blvd.
Interchange Project
HMA Asphalt
Pavement
installation
along the I-182
corridor
completed in
March 2024.
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PWRF
Improvements
Phase 3
I-182 & Broadmoor Blvd.
Interchange Project
Steel reinforcing used
in Cement Concrete
Paving
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Proposed Change Order N0. 5
The following steel reinforcement items were not listed as part of the
contract’s Cement Concrete Pavement unit bid item.
oDowel Bar Baskets
oTie Bar Baskets
oTie Bars
oLongitudinal Joint Sealer
All these items are required for the Cement Concrete Pavement scheduled to be
installed along the I-182 corridor.
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AGENDA REPORT
FOR: City Council April 3, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 4/8/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Resolution – Developer Reimbursement (Latecomer) Agr for Spencer
Estates PH 4 (5 minutes)
I. REFERENCE(S):
Draft Resolution
Proposed Development Reimbursement Agreement
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Latecomer agreements, also referred to as reimbursement agreements, allow a
property owner who has installed street or utility improvements to recover a
portion of the costs of those improvements from other property owners who
later develop property in the vicinity and use the improvements. Chapter 14.25
of for rules and the outlines process Code Municipal Pasco the (PMC)
evaluating a latecomers/development reimbursement.
Eligible water, sewer, and transportation, related to include costs those
must stormwater facilities benefiting the developed property. Developers
submit written requests detailing costs, with reimbursement determined by the
city based on specified criteria. Approved reimbursement requests lead to
written agreements between the developer and the City of Pasco (City). These
agreements are recorded with the county auditor to notify future property
owners of potential reimbursement obligations.
Page 62 of 90
The City's role in the latecomer agreement process involves authorizing,
overseeing, and approving agreements with developers to facilitate
the Additionally, costs. city infrastructure for reimbursement improvement
records these agreements to ensure compliance with applicable PMC and
state regulations, and provide notice to (future) property owners regarding
potential reimbursement obligations.
V. DISCUSSION:
The Developer Reimbursement Agreement, between the City and Big Sky
Developers LLC, facilitates reimbursement for the construction of a 16” ductile
iron water main extension along Burns Road. Authorized by RCW Chapter
35.91 and City the enables agreement Chapter 14.25, PMC and this
developers to recoup costs from future beneficiaries of the infrastructure
improvements.
The construction entails a 16” ductile iron water main in the Burns Road right-
of-way, commencing at the existing blow-off in Burns Road along the western
edge of the Spencer Estates Phase 3, extending roughly 1,500 feet westward,
and concluding at the intersection of Burns Road and Shoreline Road. The
project also encompasses the installation of four new fire hydrants along the
northern side of Burns Road. These infrastructure enhancements stem from
the Spencer Estates Phase 4 project, with cost allocation based on an 8”
ductile iron water main in Burns Road right-of-way.
The City mailed notices of the preliminary assessment and reimbursement to
the property owners within the preliminary reimbursement area on November
29, 2023 and did not received in writing a request for a hearing.
Page 63 of 90
Resolution – Water DRA - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY
EXTENSION AGREEMENT WITH BIG SKY DEVELOPERS, LLC FOR THE
CONSTRUCTION OF WATER UTILITY IMPROVEMENTS FOR SPENCER
ESTATES, PHASE 4.
WHEREAS, RCW 35.91 and Chapter 14.25 of the Pasco Municipal Code (PMC) provides
a statutory framework for developers to enter latecomer reimbursement agreements when the
developer, as a condition of development, pays the costs of necessary infrastructure improvements;
and
WHEREAS, Big Sky Developers, LLC has submitted a complete and accurate application
for a utility latecomer agreement; and
WHEREAS, Section 14.25.030(4) of the PMC requires the Public Works Director, within
28 days of receipt of a latecomer’ s application to provide notice to the developer whether the
application is complete or needs to be supplemented or amended within 30 days of such notice
unless extended within the Public Works Director discretion; and
WHEREAS, the City shall provide notice of its intent to participate in any latecomer
agreement to the public; and
WHEREAS, the City shall also provide notice of its preliminary assessment
reimbursement area (those to repay the latecomer debt) to provide the property owners within the
preliminary assessment area the opportunity to request the matter be submitted to a public hearing,
within 20 days of date of mailing of the notice, before Council action; and
WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to
the property owners within the preliminary reimbursement area on November 29, 2023, and did
not receive in writing a request for a hearing before City Council; and
WHEREAS, utility system improvements include infrastructure projects related to City
water, sewer and storm sewer which are required to be constructed as a prerequisite of continued
development; and.
WHEREAS, utility system latecomer agreements requested by developers shall be entered
into by the City of Pasco pursuant to Section 14.25.030(3) of the PMC once the prerequisites of
section 14.25 of the PMC have been met; and
WHEREAS, utility latecomer agreements shall meet the development criteria as detailed
in Section 14.25.030(3)(b) of the PMC; and
Page 64 of 90
Resolution – Water DRA - 2
WHEREAS, Big Sky Developers, LLC agrees to payment of project costs, including legal
and administrative costs, as set forth in the Latecomer’ s Agreement, attached as Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to sign and execute the Developer Reimbursement
Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved, that the City Manager is authorized to make minor substantive
changes to the Developer Reimbursement Agreement. as needed.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law, on this ____ day of __________________, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 65 of 90
«Property_Owner_Name»_«AGREEMNTW»
Reimbursement Agreement pg. 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd Avenue
Pasco, WA 99301
Developers Tax Parcel No.: 126-150-142 AGRMT2023-020 w
Additional Parcels and Full Legal Descriptions attached hereto as Exhibit B
CITY OF PASCO
DEVELOPER REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of___________, 2024,
by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter
referred to as “City”, and BIG SKY DEVELOPERS LLC, their successors and assigns, hereinafter
referred to as “Developer”; and
WHEREAS, RCW Chapter 35.91 and PMC 14.25 authorize contracts between a
municipality and the owners of real estate within the municipality’s corporate limits or within ten
(10) miles of the municipality’s corporate limits, who construct utility facilities to serve their own
properties and other properties, whereby such owners and municipalities may be reimbursed by
the owners of other real property who did not contribute to the original cost of the construction of
the facilities, but who later desire to connect their properties to said facilities.
NOW, THEREFORE, the parties hereby mutually agree as follows:
1. Developer has constructed the following described extension of City’s facilities:
A 16” ductile iron water main in the Burns Road ROW beginning at the
existing blow-off in Burns Road along the western edge of the Spencer
Estates Phase 3. Extending approximately 1,500’ west, terminating at the
intersection of Burns Road and Shoreline Road. The project includes the
installation of four (4) new fire hydrants along the northern side of Burns
Road.
2. The improvements have been constructed in accordance with plans and
specifications approved by City prior to construction and Developer has supplied
City with reproducible as-built drawings regarding the facilities.
Page 66 of 90
«Property_Owner_Name»_«AGREEMNTW»
Reimbursement Agreement pg. 2
3. In addition to serving properties owned by Developer at the outset of construction,
the facilities constructed will also serve the following described parcels of real
property, and any subdivisions of such parcels, that did not contribute to the cost of
the facilities construction, hereinafter referred to in aggregate as the "Assessment
Area", which is determined at the sole discretion of the City, and which are
identified and legally described in Exhibit B.
4. As the facilities have been construction in accordance with City Codes and
Standards, applicant obtained all permits required by the City’s Codes and
Standards. The work is physically complete and inspected by the City as required
by the Public Works Director, or his designee. Developer agrees to convey such
facilities to City for the consideration and benefits of City. Upon completion
issuance of Warranty Letter the City will thereafter own and operate said facilities
subject to all of the laws and regulations, fees and assessments of City.
5. City and Developer agree that Developer’s contributions to the total project costs is
shown in Exhibit A, which is allowed by statute to include costs for the design,
construction engineering, inspection, construction, administrative, legal and other
costs attributable to the project.
6. City and Developer agree that the City’s contributions to the total project costs is
or will be valued at $$$$, which includes costs for the design, construction
engineering, inspection, construction, administrative, legal and other costs
attributable to the project.
7. City and Developer agree that the Total Assessment that is attributed to the
Assessment Area is shown in Exhibit A. City and Developer agree that Developer
is entitled to a potential total reimbursement, less any collection charges deducted
by the City, of a maximum of total assessment as shown in Exhibit A.
8. The facilities subject to this Agreement are included within the City's
comprehensive utility plan, and no additional comprehensive plan approval for the
utility system improvements was required.
9. Execution of this Agreement is conditioned upon:
Inspection and approval of the utility system improvements by the City;
A. Full compliance with the Developer’s obligations under this Agreement and
with the City’s rules and regulations with respect to the project described in
Section 1.
Page 67 of 90
«Property_Owner_Name»_«AGREEMNTW»
Reimbursement Agreement pg. 3
B. The Developer shall pay all of the City’s costs associated with processing this
latecomer agreement including, but not limited to, engineering costs as set forth
in Chapter 3.35 PMC, and the actual legal, recording, and administration costs.
C. City verification and approval of all contracts and costs related to the utility
system improvements; and
D. Within one hundred and twenty (120) days of the completion of the utility
system improvements, Developer must submit the total actual cost of the utility
system improvements to the City.
10. Developer agreements associated with street system improvements shall be valid
for a period not to exceed 15 years from the effective date of the agreement; and
developer agreements associated with utility system improvements shall be valid
for a period not to exceed 20 years from the effective date of the agreement.
While a developer agreement is valid, any person, firm or corporation now or
hereafter owning benefitted properties described below, or segregated parcels
thereof, desiring to connect to the described facilities, shall first pay their pro-rata
share of the total cost of the facilities (“Total Assessment”). For this project, the
Total Assessment is shown in Exhibit A. The individual Assessment associated
with each parcel of benefited property described in this Agreement shall be charged
to the property owner as shown in Exhibit A.
11. No person, firm or corporation shall be granted a permit or be authorized by City
to connect to or use the referenced facilities during the period of time prescribed in
Paragraph 10 above without first paying to City, in addition to any and all other
costs, assessments and charges made and assessed for such tap or use, the amount
required by the provisions of this contract.
12. The City shall deduct from all assessment reimbursement payments it collects; an
amount (collection charge) as designated in Pasco Municipal Code (“PMC”)
3.35.180 to cover its administrative collection costs. After deduction of the
collection charge, each reimbursement assessment payment will be disbursed to the
Developer according to the terms of this Agreement. Any amounts so collected
during the time period in Paragraph 10 above by City and due to Developer, shall
be remitted to Developer or assigns within sixty (60) days of the receipt thereof, in
accordance with this Agreement.
13. Developer agrees to indemnify, defend and hold the City harmless from any action,
claim or proceeding brought or maintained by any property owner challenging the
validity or enforceability of this Agreement. In turn, the City agrees to cooperate
Page 68 of 90
«Property_Owner_Name»_«AGREEMNTW»
Reimbursement Agreement pg. 4
with the Developer in the course of any such claim, proceeding or action to provide
reasonable and lawful access to City records and witnesses.
14. Any funds collected by City and payable to Developer in accordance with the terms
of this contract shall be remitted to Developer at the following address:
Address: BIG SKY DEVELOPERS LLC
12406 EAGLE REACH CT
PASCO, WA 99301-9001
Phone: (509) 521-4834
15. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer shall
provide to the City in writing every two (2) years from the date this Agreement was
executed, information regarding the current contact name, address, and telephone
number of the person, company or partnership that originally entered into the
Agreement. If the Developer fails to comply with the notification requirements
within sixty (60) days of the specified time, then City may collect any
reimbursement funds owed to the Developer under this Agreement, and such funds
shall be deposited into the capital expenditure account of the City’s utility fund.
16. If prior to the expiration of one (1) year after the date of conveyance of the facilities
by Developer to City (issuance of Warranty Letter), any work is found to be
defective, Developer shall promptly and without cost to City, either correct such
defective work or, if it has been rejected by City, remove and replace it with non-
defective work. If Developer does not promptly comply with the terms of such
instructions, City may have the defective work corrected or the rejected work
removed and replaced and all direct and indirect costs of such removal and
replacement, including compensation for professional services, shall be withheld
from the reimbursement assessment payments that are due to Developer.
17. Developer agrees that once the City has collected all amounts under this Agreement,
up to a maximum as shown in Exhibit A of this Agreement and remitted such
amount (less any collection charges) to Developer, that City shall remit to
Developer no further payments under this contract.
18. Developer hereunder is an independent contractor and is not an agent or employee
of City.
19. The contract must be recorded in the appropriate county auditor's office within 30
days of its final execution.
20. In the event of a dispute between the parties regarding the interpretation, breach or
enforcement of this Agreement, the parties shall first meet in a good faith effort to
Page 69 of 90
«Property_Owner_Name»_«AGREEMNTW»
Reimbursement Agreement pg. 5
resolve the dispute by themselves or with the assistance of a mediator. The
remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, as
amended, the Mandatory Rules of Arbitration (MAR), with all parties waiving the
right of a jury trial upon de novo review, with the substantially prevailing party
being awarded its reasonable attorney fees and costs against the other.
Page 70 of 90
«Property_Owner_Name»_«AGREEMNTW»
Reimbursement Agreement pg. 6
APPENDIX A
Spencer Estates Ph. 4
Spencer Estates Ph. 4 Latecomer's Agreement
Improvement 8" Water - Burns Road Proj. # AGRMT2023-020 w
Build Length (LF) (Calc.
Method) Additional Length (LF)
Total Estimated Cost of
Improvement $144,170.06 City Adm. Costs $ -
Benefitting Parcels
Parcel #, Owner Frontage (ft) Total Benefit
Distr. %
Total Benefit
Distr. $
126150142,
Big Sky Developers, LLC
(Developer)
1187.00 40.0% $ 57,736.12
126150096,
Chubby Cherries, LLC 295.00 10.0% $ 14,348.91
126160136,
Chubby Cherries, LLC 882.00 29.8% $ 42,900.81
126160128,
Chubby Cherries, LLC 275.00 9.3% $ 13,376.10
126160129,
SG Land Management, LLC 325.00 11.0% $ 15,808.12
TOTAL 2964.00 100.0% $ 144,170.06
Page 71 of 90
«Property_Owner_Name»_«AGREEMNTW»
Reimbursement Agreement pg. 7
APENDIX B
PARCEL: 126-150-142 DEVELOPER
LOT 2, SHORT PLAT.2018-32, ACCORDING TO THE SURVEY. RECORDED UNDER AUDITOR’S FILE
NO. 1886838, RECORDS FOR FRANKLIN COUNTY, WASHINGTON.
PARCEL: 126-160-128
SHORT PLAT 2021-08 LOT 1
PARCEL: 126-160-129
LOT 2, SHORT PLAT.2021-08, ACCORDING TO THE SURVEY THERE OF RECORDED UNDER
AUDITOR’S FILE NO. 1941262, FRANKLIN COUNTY, WASHINGTON.
PARCEL: 126-160-136
THAT PORTION OF GOVERNMENT LOT 1, SECTION 12, TOWNSHIP 9 NORTH, RANGE 28 EAST,
W.M., FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12;
THENCE NORTH 89°08'04” WEST ALONG THE NORTH LINE OF SAID SECTION 12, 1458.20
FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 11°25’03” WEST 274.64 FEET;
THENCE NORTH 89°08'04" WEST 925.65 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL
CONVEYED TO THE UNITED STATES BY DEED RECORDED UNDER AUDITOR'S FILE NO. 161482;
THENCE NORTH 11°25'03” EAST ALONG SAID EAST LINE, 274.64 FEET;
THENCE SOUTH 89°08'04" EAST 925.65 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT
COUNTY ROADS
(SHOWN AS TRACT 1 (12-9-28) OF RECORD SURVEY RECORDED UNDER AUDITOR’S FILE NO.
514210)
Page 72 of 90
«Property_Owner_Name»_«AGREEMNTW»
Reimbursement Agreement pg. 8
PARCEL: 126-150-095
THAT PORTION OF GOVERNMENT LOT 4 IN SECTION 1, TOWNSHIP 9 NORTH, RANGE 28, EAST,
W.M. FRNKLIN COUNTY, WASHNGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1;
THENCE SOUTH 89°56’10” WEST ALONG THE SOUTH LINE OF SAID SECTION 1, 2385.61 FEET TO
THE EAST LINE OF THAT CERTAIN PARCEL CONVEYED TO THE UNITED STATES BY DEED
RECORDED UNDER AUDITOR'S FILE NO. 161482 BEING MARKED WITH AN ARMY CORPS OF
ENGINEERS BRASS DISK; THENCE ALONG SAID EAST LINE, NORTH 20°35'09" EAST A DISTANCE
OF 222.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST
LINE, NORTH 20°35’09" EAST A DISTANCE OF
418.06 FEET; THENCE SOUTH 69°24’51" EAST A DISTANCE OF 393.00 FEET; THENCE SOUTH
20°3S’09" WEST A DISTANCE OF 384.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 20°39'O0 A DISTANCE OF 72.08 FEET; THENCE SOUTH
00°03'50" EAST A DISTANCE OF 1.40 FEET TO THE NORTHERLY MARGIN OF BURNS ROAD;
THENCE SOUTH 89°56’10" WEST ALONG SAID NORTHERLY MARGIN A DISTANCE OF 104.98
FEET; THENCE LEAVING SAID SOUTHERLY MARGIN, NORTH 00°03'50" WEST A DISTANCE OF
108.23 FEET; THENCE NORTH 75°01'05" WEST A DISTANCE OF 271.23 FEET TO THE POINT OF
BEGINNING AND THE END OF THIS DESCRIPTION
PARCEL: 126-150-096
Description: THAT PORTION OF GOVERNMENT LOT 4 IN SECTION 1, TOWNSHIP 9 NORTH,
RANGE 28 EAST, W.M., FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
SM 2023-006 BLA PER RS-1968525 PARCEL 126150174 WAS 2.67 AC, PARCEL 126150094 WAS
2.16 AC AFTER BLA THE NEW PARCELS ARE 126150095 3.83 AC AND 126150096 1.0 AC FOR
2023 TAX YEAR
Page 73 of 90
«Property_Owner_Name»_«AGREEMNTW»
Reimbursement Agreement pg. 9
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
year first above written.
CITY OF PASCO: DEVELOPER:
By: ________________________ By: ___________________________
Adam Lincoln, City Manager Dave Greeno, Managing Member
ATTEST:
____________________________
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
________________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 74 of 90
«Property_Owner_Name»_«AGREEMNTW»
Reimbursement Agreement pg. 10
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me ADAM LINCOLN, Interim City Manager of
the City of Pasco, Washington, described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of ______________, 2024.
________________________________________
Notary Public in and for the State of Washington
Print Name: _____________________________
Residing at _______________________________
My Commission Expires: ___________________
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me DAVE GREENO, to be known to be the
individual described in and who executed the within and foregoing instrument and acknowledged
that he signed the same as his free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this ___ day of _____________, 2024.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Print Name: _________________________________
Residing at: __________________________________
My Commission Expires: _______________________
Page 75 of 90
Developer Reimbursement (Latecomer) Agr –
Spencer Estates PH 4
•Latecomer agreements, or reimbursement agreements, allow property
owners to recover costs for street or utility improvements from later
developers. Chapter 14.25.
•Eligible costs include transportation, water, sewer, and stormwater
facilities benefiting the developed property.
•The City of Pasco oversees and approves these agreements, recording
them with the county auditor and notification of future property owners
of potential reimbursement obligations.
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Developer Reimbursement (Latecomer) Agr –
Spencer Estates PH 4
•Developer Reimbursement Agreement with Big
Sky Developers LLC facilitates cost recovery for
16” water main extension along Burns Road, per
RCW Chapter 35.91 and PMC Chapter 14.25.
•Construction includes 1,500-ft 16” water main
and four fire hydrants along Burns Road.
•City notified property owners of preliminary
assessment and reimbursement on November 29,
2023; no hearing requests received.
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AGENDA REPORT
FOR: City Council April 3, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 4/8/24
FROM: Adam Lincoln, City Manager
City Manager
SUBJECT: Legal Counsel Discussion (5 minutes)
I. REFERENCE(S):
Resolution No. 4255
Presentation Slides
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
TBD
IV. HISTORY AND FACTS BRIEF:
legal obtaining for provisions make 35A.13.090 that provides RCW City
counsel for the City, either through a “reasonable contractual arrangement” for
such professional services or appointment of a full or part-time “City Attorney”.
The City has provided for its City Attorney and legal services by contract with
Kerr Ferguson Law, PLLC (KFL) since 2007.
In September 2022, City Council approved Resolution No. 4255 amending
agreement for legal services with KFL until September 2024.
V. DISCUSSION:
Staff seeks to continue conversation and for clarity from City Council on
direction for legal counsel with expiration of agreement approaching.
Page 79 of 90
RESOLUTION NO. 4255
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE AMENDED AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PASCO, WASHINGTON, AND KERR FERGUSON
LAW, PLLC.
WHEREAS, pursuant to RCW 35A.13.090, the City shall make provisions for obtaining
legal counsel for the City, either by appointment of a City Attorney on a full-time or part time
basis, or by any reasonable contractual arrangement for such professional services; and
WHEREAS, the City has by reasonable contractual arrangement, made such provision for
its City Attorney to provide for such professional services; and
WHEREAS, the City and Kerr Ferguson Law, PLLC, have negotiated a mutually
agreeable personal services contract, which modifies the current agreement for personal services
between the parties that has existed in its current form since 2007.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to sign and execute the Amended Agreement for Legal
Services between the City of Pasco, Washington, and Kerr Ferguson Law, PLLC, a copy of which
is attached hereto and incorporated herein by reference as Exhibit A; and is hereby authorized to
make minor substantive changes to said Agreement as needed and take all necessary steps required
to accomplish this transaction; and
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this 19th day of September,
2022.
Blanche Barajas
Mayor
ATTEST:
Debra barham, CMC
City Clerk
Resolution — Agreement for Legal Services - 1
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC
City Attorneys
Page 80 of 90
CITY OF PASCO, WASHINGTON
AMENDED AGREEMENT FOR LEGAL SERVICES
The CITY OF PASCO, WASHINGTON, a Municipal Corporation, herein referred to
as "Client", does hereby retain KERR FERGUSON LAW, PLLC, Attorneys at Law, located at
1950 Keene Road, Bldg. F100, Richland, Washington, herein referred to as "Attorney" for
the purposes of providing contracted legal services and litigation legal services for actions
commenced in the Washington State Courts or Federal Courts, as authorized by RCW
35A.13.090, and in consideration of the covenants provided herein, agree as follows:
1. Authorization of Attorney. Client does hereby retain and authorize the
Attorney to act as an attorney and counselor as provided in RCW 2.44.010 which includes
the authority to act on behalf of the Client and to: (a) bind the Client in any of the
proceedings in an action or special proceeding by the attorney's agreement duly made; (b)
to receive money, claimed by the Client in an action or special proceeding during the
pendency thereof, or after judgment upon the payment thereof, and not otherwise, to
discharge the same or acknowledge satisfaction of the judgment; and (c) to negotiate,
represent and execute on behalf of the Client, correspondence, agreements, pleadings,
negotiations and transactions.
2. Term. The term of this agreement shall be for twenty-four (24) months from
the date of execution and shall automatically renew for additional twenty-four (24) month
terms unless notice is given in writing by either party sixty (60) days prior to expiration.
Either party may terminate this agreement for any reason upon one -hundred and eighty
180) days advance written notice.
3. Hourly Rates. It is agreed by and between the Client and the Attorney that
the fee paid by Client shall be applied against the legal services actually performed for the
Client by the Attorney, which services shall be charged at the following hourly rates:
Base Municipal Legal Services
Attorneys: $185.00
Paralegal/Legal Assistant: $ 90.00
Other attorneys within or associated with Kerr Ferguson Law, PLLC, having different
rates, may be utilized upon prior approval by the City.
4. Interim Billings. Interim billings will be submitted to the Client monthly. All
interim billings shall be due and payable upon receipt unless otherwise stated. A FINANCE
CHARGE of one percent per month (1 % - 12% ANNUAL PERCENTAGE RATE) will be
charged on the outstanding balance upon failure to pay a billing in full within thirty (30) days
after date of billing. Failure to pay interim billings promptly will permit the Attorney, after
notice to the Client, to terminate its representations of the Client and turn the matter overfor
Amended Agreement for Legal Services - 1
Page 81 of 90
collection. It is understood that if any billing is turned over for collection, interest will be
charged at the rate of twelve percent (12%) per annum together with attorney's fees and
costs incident to the collection of said billing. It is understood that the hourly time charges
include but are not limited to: Court appearances; telephone conferences; office
conferences; legal research; depositions; review of file materials and documents sent or
received; preparation for trials, hearings and conferences; drafting or pleadings of
instruments; and office memoranda and correspondence.
5. Out -of -Pocket Disbursements. The Client agrees to assume and pay for all
out-of-pocket disbursements incurred in connection with this matter. These shall include
filing fees, witness fees, travel, sheriffs and constable's fees, expenses of depositions,
investigative expenses, and other incidental expenses.
6. Fee Dispute Resolution. In the event of a dispute between the Attorney and
the Client regarding fees for legal services, the Attorney and the Client shall promptly meet
in a good faith attempt to resolve the dispute. In the event the fee dispute is not resolved by
agreement, arbitration shall be the exclusive means for resolution of the fee dispute. FEE
ARBITRATION IS BINDING. The provisions of Chapter 7.04A of the Revised Code of
Washington shall apply. BY AGREEING TO FEE ARBITRATION, BOTH PARTIES WAIVE
THE RIGHT TO BRING OR DEFEND AN ACTION IN COURT.
7. Miscellaneous. Attorney makes no warranties regarding the successful
termination of the cause of action. All expressions relative thereto are a matter of attorney's
opinion only.
In some cases, the Court awards attorney's fees to one party and orders the other
party to pay the amount awarded; this being solely at the discretion of the court and cannot
be relied on with certainty. Also, in some cases, if there is a settlement agreed to by both
parties thereby avoiding a contested trial, the settlement contract may provide that one of
the parties will contribute an agreed amount towards the other party's legal expenses. In
the initial stages of a case, it is impossible to predict whether either of the above situations
will materialize and, therefore, no representation is made in this that any contribution by the
other party will be obtained toward the Client's legal expenses. In the event, however, that
one of such contributions is obtained for the benefit of the Client, the amount in question will
be credited against the Attorney's final bill to the Client if paid by the other party. However,
if the other party has not paid the same, Client will still be responsible for said amount until
paid by the other party. All fees and costs must be paid in full prior to the conclusion of the
case.
Communications between the Client and the Attorney are confidential and subject to
the Attorneys -Client privilege. Open communication and full cooperation are necessaryfor
the Attorney to provide effective legal services.
Amended Agreement for Legal Services - 2
Page 82 of 90
This Agreement constitutes the entire agreement between the parties, and no prior
oral or written agreement shall be valid, and any modifications of this Agreement must be in
writing signed by all parties.
This Agreement shall be binding on the parties, and their heirs, successors and
assigns.
For the purpose of this Agreement, time is of the essence.
Any waiver of, or failure to take action with respect to any breach of any term,
covenant, or condition herein contained shall not be deemed to be a waiver of such term,
covenant, or condition, or subsequent breach of the same, or any other term, covenant, or
condition therein contained.
If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in
full force without being impaired or invalidated in any way.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington.
Each party signing this Agreement acknowledges that they participated in the drafting
of this Agreement and, as such, this Agreement shall not be presumptively
interpreted/construed in favor of nor against any particular party, but rather this Agreement
shall be given an objectively fair and reasonable interpretation and construction in light of
and in accordance with its express terms and provisions.
8. Recordkeeping. Attorney shall promptly furnish such information related to
the Agreement as requested by Client. In accordance with RPC 1.16(d), upon termination
or request by client, client shall be entitled to receive papers and property to which client is
entitled contained within any requested case file(s).
9. Property and Confidential Information. Attorney shall not, without the prior
written consent of Client, disclose to third parties any information received in connection
with the services unless:
A. The information is known to Attorney prior to receiving the same
directly or indirectly in connection with the services;
B. The information is in the public domain at the time of disclosure by
Attorney; or
C. The information is received by Attorney from a third party who does not
have an obligation to keep the same confidential.
Amended Agreement for Legal Services - 3
Page 83 of 90
10. Relationship Between Client and Attorney. Attorney shall be at all times an
independent contractor and not an agent or representative of Client with regard to
performance of this Agreement, unless specifically authorized by the Client. The Attorney
shall serve as City Attorney, which is intended to create attorney-client relationship.
11. Restrictions on Assignment, Subcontracting, Delegation.
A. Attorney may need additional help, but may not (by contract, operation
of law, or otherwise) delegate or subcontract or assign performance of the work to
any other person or entity without the prior written consent of Client. Any such
delegation or subcontracting without Client's prior written consent shall be voidable
by the Client.
B. No delegation or subcontracting of performance, with or without City's
prior written consent, shall relieve Attorney of responsibility to perform the services in
accordance with this Agreement. Attorney shall be fully responsible for the
performance, acts and omissions of Attorney's employees, Attorney's subcontractors
and any other person who performs or furnishes any services on behalf of the
Attorney.
12. Performance and Execution. Attorney shall perform the services in a timely
manner and in accordance with the standards of the profession. Attorney shall be properly
licensed, equipped, organized, and financed to perform the work in accordance with this
Agreement:
A. Attorney must know and keep up to date with all Federal, State and
local laws and ordinances applying to Pasco, and must keep codification current.
B. Attorney must attend Council meetings as requested by City Council
Mondays, 7:00 p.m.), and special meetings with only 24 hours notice, etc., as
reasonably available.
C. Attorney must record and be responsible for follow-through of
assignments at Council meetings, other meetings, or by phone/FAX/email, etc.
Attorney must meet material submission deadlines of Thursday prior to Monday
meetings, without reminders and without lengthy or multiple charges for reviewing
agenda, asking again about assignments, briefing other associates assigned, etc.
D. Attorney must be quickly available by phone; with reasonably fast
response to emails, faxes, etc., including, for emergency situations only, after-hours
and on weekends and holidays.
E. Attorney must review most contracts and other materials within a day or
two, or as otherwise arranged by the City.
Amended Agreement for Legal Services - 4
Page 84 of 90
F. Attorney must serve as a whole, both City Manager/Council on a daily
administrative/executive basis and legislative basis. As needed on an administrative
basis, clearance for staff contacting or receiving requests or doing any work, shall go
through the City Manager, Department Directors, or his/her designees for avoidance
of duplication and budget monitoring. On a legislative basis, Attorney will provide
legal services for specific items at the request of a majority vote of entire Council.
However, nothing in this section shall prohibit the City Manager or individual
Councilmembers from contacting the City Attorney directly to obtain legal advice
related to their executive or legislative roles.
G. Works closely with and assures clarity and follow-through with
Attorney's Paralegal/Legal Assistant and City Clerk on any and all legal paperwork
details as needed. Properly coordinates and briefs any other associates with
minimal duplication of fees for work already done prior to turnovers.
H. Attorney must clear any calls or visits from citizens through City
Manager or his/her designee for budgetary and duplication purposes before acting or
before any charges can be accrued, except as otherwise required by the Rules of
Professional Responsibility. Attorney may not represent citizens against the Client
on matters previously handled while with Client.
I. Assists City Manager or his/her designee, and Council as requested, in
land use, planning, economic growth, and speedy administrative response to
business and land development.
J. Assists, advises, and trains staff on daily basis as necessary and
requested. Assists staff on code enforcement, abatement, water delivery,
wastewater, flood plain, annexation, easements, alleyways, and any other municipal
legal matters.
IN WITNESS WHEREOF, the parties have executed this Agreement at Pasco,
Washington, the day and year last written below.
DATED:
CITY OF PASCO, WASHINGTON
Dave Zabell
City Manager
Amended Agreement for Legal Services - 5
KERR FERGUSON LAW, PLLC
Eric W. Ferguson
City Attorney
Page 85 of 90
Pasco City Council Meeting
April 8, 2024
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For discussion
•Seeking Council discussion
•Current legal services agreement expires September 2024
•60-day notice requirement or will automatically renew for additional 24-months
•Options
•Renew/amend
•Research costs/impacts of in-house legal counsel
•Solicit for legal services
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April 8, 2024
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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 including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
Page 89 of 90
CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
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