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HomeMy WebLinkAboutResolution No. 2026-08 - Negotiate and Execute Amend. No. 1 to PSA with Wenaha GroupRESOLUTION NO.2026-08 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD, DIRECTING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES CONTRACT WITH WENAHA GROUP. WHEREAS, the Pasco Public Facilities District ("PPFD") was duly formed pursuant to chapter 35.57 of the Revised Code of Washington by City of Pasco Ordinance No. 3558, effective July 29, 2002, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, pursuant to RCW 35.57.070, the PPFD may secure services by means of an agreement with a service provider; and WHEREAS, on May 16, 2023, the PPFD's Board of Directors adopted Resolution 2023- 05, approving a professional services agreement with Wenaha Group to service as the PPFD's representative for the construction of the Pasco Aquatic Center (the "Agreement"); and WHEREAS, the Agreement contemplated that the Pasco Aquatic Center, and Wenaha Group's services related thereto, would be completed by October 31, 2025, with Wenaha Group billing on an hourly rate basis with a not -to -exceed amount of $787,819; and WHEREAS, due to a variety of factors, including construction decisions and project betterments elected by the PPFD, the construction of the Pasco Aquatic Center did not reach substantial completion until June 12, 2026; and WHEREAS, the PPFD has identified an outdoor slide tower as an additional betterment for the Pasco Aquatic Center that will require Wenaha Group's services through July 31, 2027; and WHEREAS, the PPFD wishes to extend the term of the Agreement and increase the not - to -exceed amount of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT as follows: Section 1. The PPFD's Executive Director is hereby authorized and directed to execute Amendment No. 1 to the Professional Services Agreement with Wenaha Group dated May 19, 2023, in substantially the same form as the version attached hereto as Exhibit A. Section 2. This Resolution shall take effect immediately. Resolution 2026-08 - 1 PASSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, this ',X% day of T��, 2026. PASCO PUBLIC FACILITIES DISTRICT Mar Morrissette, B and President ATTEST: i r Aj�" Caroline Bowdish' Secretary/Treasurer Pasco Public Facilities District APPROVED AS TO FORM: Tyler Whit able Huston LLP Legal Counsel for PPFD Resolution 2026-08 - 2 Exhibit A [Amendment No. 1 Begins on Next Page] JFrwWE CAI A H A Tri-Cities 100 N Morain St, Ste 201 4G R C) u R Kennewick, WA 99336 Pasco Public Facilities District Contract Amendment 1— Extended Services This Contract Amendment No. 1("Amendment") is entered into by and between the parties to the original executed contract dated May 191h, 2023. This Amendment modifies the Original Contract only as expressly stated below. 1. Background The parties entered into the Original Contract for services related to the Aquatics Facility Phase 1 project. During the project schedule delays were experienced relating to challenges with property acquisition and other regulatory delays. Additionally, PPFD has elected to add an outdoor slide tower to the project and has requested we extend our services for the duration of that scope. The additional time and scope require extended services beyond those included in the Original Contract. 2. Amended Scope of Services The scope of services under the Original Contract is amended to include extended services necessary to address the Owner -added outdoor slide tower scope. The extended services shall be performed in accordance with the fee schedule and fee estimate attached to this Amendment as Attachment A. 3. Compensation As compensation for the extended services described in this Amendment and Attachment A, the total NTE fee shall be increased by the amount of Seventy -Nine Thousand Seventy -Seven Dollars ($79,077). This amount is in addition to the compensation stated in the Original Contract. All services will continue to be billed on a time and expense basis in accordance with the contract. The extended services are expected to be complete by July 31, 2027. 4. Attachment A The fee schedule and fee estimate for the extended services are attached as Attachment A and are incorporated into this Amendment by this reference. In the event of a conflict between Attachment A and this Amendment, this Amendment shall control unless otherwise expressly stated in writing. wenahagroup.com WENAHA GROUP 5. No Other Changes Tri-Cities 100 N Morain St, Ste 201 Kennewick, WA 99336 Except as expressly modified by this Amendment, all terms, conditions, obligations, rights, and remedies stated in the Original Contract remain unchanged and in full force and effect. 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