HomeMy WebLinkAbout2025.01.27 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:15 PM - Monday, January 27, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment)
to obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this workshop.
The Pasco City Council Workshops are broadcast live on PSC-TV Channel
191 on Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
To listen to the meeting via phone, call 1-332-249-0718 and use access
code 965 261 523#.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC
COMMENT – the public may comment on each topic scheduled for
discussion, up to 2 minutes per person with a total of 8 minutes per item. If
opposing sides wish to speak, then both sides receive an equal amount of
time to speak or up to 4 minutes each side.
3 - 13 (a) Presentation - Columbia Ability Alliance (10 minutes)
Presentation from Columbia Ability Alliance - Michael Novakovich,
President & CEO
14 - 36 (b) Development Fees Review
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37 - 38 (c) Monthly Update: Transportation Impact Fee Study (2 minutes)
39 - 59 (d) Resolution - Change Order No. 6 PWRF Phase 2 Construction
Contract with Tapani (5 minutes)
60 - 71 (e) Resolution - Acceptance of Work for Road 36 Golf Course
Irrigation Line Extension (5 minutes)
72 - 89 (f) Resolution - Lease Agreement with INATIA Foundation for Use
of City Facilities (5 minutes)
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
8. ADJOURNMENT
9. ADDITIONAL NOTES
90 - 91 (a) Adopted Council Goals (Reference Only)
(b) 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
City 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.)
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AGENDA REPORT
FOR: City Council January 23, 2025
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/27/25
FROM: Adam Lincoln, City Manager
City Manager
SUBJECT: Presentation - Columbia Ability Alliance (10 minutes)
I. ATTACHMENT(S):
Columbia Ability Alliance Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation from Columbia Ability Alliance - Michael Novakovich, President &
CEO
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Columbia Ability Alliance, formerly Columbia Industries started helping people
in 1963 as the United Cerebral Palsy Association of Benton and Franklin
Counties.
Columbia Ability Alliance appreciates the opportunity to provide City Council
with an update on their endeavors to build a more accessible and inclusive
community as they work with individuals with disabilities and other life barriers
to achieve employment and life success.
Columbia Ability Alliance works with behavioral health and plans to operate the
kitchen at the Columbia Valley Center for Recovery. The Alliance is currently
working with Benton County to run their Opportunity Kitchen program in the
recovery center to provide meals to residents and provide kitchen training and
certification to residents when they are at the appropriate point of their recovery
program.
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The intent is to help build a healthier community by providing these individuals
with appreciable skills to gain employment and stay drug-free.
V. DISCUSSION:
Michael Novakovich, President & CEO with Columbia Ability Alliance is
providing a presentation to the City Council.
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Social Enterprise As a 501(c)(3) organization, public support and donations are
essential. As a social enterprise, we generate critical mission
support through the operation of successful commercial
businesses.
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900 S. Dayton Street Kennewick, WA 99336 509.582.4142 columbiaabilityalliance.com
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AGENDA REPORT
FOR: City Council January 24, 2025
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/27/25
FROM: Richa Sigdel, Deputy City Manager
Community & Economic Development
SUBJECT: Development Fees Review
I. ATTACHMENT(S):
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
NA
IV. HISTORY AND FACTS BRIEF:
The City of Pasco, like many other municipalities charges different fees that are
related to development of the community. For simplicity, major fees related to
development can be categories to following:
1. Planning
2. Building Permit (within the building)
3. Impact Fees
4. Development Review (public infrastructure/non-building)
As a part of development review assessment done by Elizabeth Garvin, City
received feedback from our partners in the development community. There
were of predictability threshold, SEPA several points pinch identified:
development review fees, Traffic Impact Analysis, online application and
the payments, and predictable project timelines. The feedback from
development community has highlighted the burden of these unpredictable
fees, with developers facing fluctuating costs during the review and approval
processes.
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Staff has consistently received feedback suggesting that adopting a fee
transparency, provide could cities more to similar structure neighboring
consistency, and ease of calculation for developers. These suggestions align
with the need for improved cost recovery efficiency and a less administratively
burdensome system.
V. DISCUSSION:
Feedback from the development community has largely focused on concerns
related plan and reviews for specifically fees, Review Development to
inspections of public infrastructure and non-building-related project elements.
Another significant issue is the unpredictability of costs and delays associated
with the Traffic Impact Analysis process; an issue that can only be resolved by
updating our Transportation Impact fee, a project in progress. Currently, the
City charges $90 for the first hour and $60 for each additional hour of staff time
for development reviews and inspections. This fee structure creates uncertainty
for developers, as the total cost remains unknown until the work is completed.
Furthermore, is task the whether on vary can cost final the depending
performed by a less experienced staff member or a highly experienced one.
The billing process itself is time-consuming for City staff, requiring them to
track project hours, prepare invoices, handle billing inquiries, and process
payments. This non-value-added administrative burden detracts from more
meaningful work of assisting our customers.
In comparison to neighboring jurisdictions, Pasco’s building permit, impact
fees, and utility connection fees are generally aligned. However, per Council’s
goals, staff is working to ensure that fees remain current and sufficient for the
coming years. Anticipated changes include increases to the Transportation
Impact Fee, a reduction in School Impact Fees (with updates from the Pasco
School District expected on April 14), and increases to utility connection fees.
The attached PowerPoint provides a summary of the major fees and how they
compare to neighboring cities. A comprehensive list of fees and comparisons is
also included.
Given the complexity and variety of development projects, fee comparisons
with other jurisdictions are challenging due to differences in rate structures. Our
primary focus is on development review fees, as they represent the most
significant concern for our customers. The development community has
administrative and delays, highlighted unpredictable consistently costs,
burdens as major drawbacks of the current fee structure. These issues make
financial lead unexpected to often for developers difficult planning and
expenses and delays.
When comparing Pasco’s fees with those of neighboring cities, such as
Kennewick, offer it becomes clear that the other municipalities more
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predictable fee structures. Kennewick's fee structure, which charges 3% of
project costs for projects up to $1 million and 2% for costs exceeding $1 million
(covering both review and inspection), is favored by developers for its simplicity
and predictability. Staff anticipates that this approach will result in the collection
of However, the in have we past. fees review development more than
significant investment is needed in personnel, tools, and processes in this area.
Staff is already working on process improvements, including online payment
systems and applications, but additional staffing is required to meet customer
needs effectively. Feedback from the development community emphasizes the
importance of improving communication and project timelines. There is a clear
need for staff positions dedicated to helping developers navigate the City's
processes. State law restricts the use of revenue generated from development
fees revenue to cover specific development-related costs. If additional
materializes, reinvesting these funds into improving processes would be
transformational for staff efficiency, morale, and customer service.
Staff recommends adopting a fixed-cost fee structure similar to Kennewick’s,
moving away from the current hourly fee model. This change would involve
charging a one-time, upfront fee at the beginning of the review process,
providing developers with more certainty and simplifying the fee structure.
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January 27 th, 2025
Pasco City Council
Workshop
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CED – Development
Fees
January 27th, 2025
Pasco City Council
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Fee Types
Project Examples
Focused Scope: Development
Review (Public Infrastructure)
01
02
03
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Fee Types
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Building
•Building Permit
•State Fee
•Plan Review
Impact Fees
•School
•Park
•Transportation
Major Fee Types
5
Connection Fees
•Sewer
•Sewer Connection Inspection
Fee
•Area Charge
•Sewer System Fees
•Water
•Meter Fee
•Area Charge
•Water System Fee
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Planning
•Binding Site Plan
•SEPA
•Boundary Line Adjustment
•Short Plat
•Final Plan
•Planned Unit Development
•Rezone
Major Fee Types – Planning & Development
6
Development Fees
•Public Infrastructure
Inspection
•Public Infrastructure
Plan Review
•Development Reimbursement
Agreements
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Project Examples
7
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Project information (Single Family):
•Valuation: $306,978
•Size: 1586 Sq. Ft
•Frontage: 74.86
•Depth: 105.01
Exercise – Building Permits, Impact Fees, Utility
Connection Fees
8
Fees Pasco Kennewick Richland West Richland
Permit Fees
Building Permit Fees $2,152.95 $2,152.95 $2,152.95 $2,366.10
State Fee $6.50 $6.50 $6.50 $6.50
Plan Review Fees*$50 0 0 $1419.66
School Impact Fee $4,700 0 0 $0
Park Impact Fee**$1,908.06 $1,064.00 $1,680.00 $3,100.00
Traffic Impact Fee**$709.00 $1,621.00 $2,647.13 $0.00
Connection Fee - Water
3/4" Meter Fee $258.16 $0.00 $1,020.00 $660.00
Area Charge $305.01 $117.92 $1,122.90 $786.10
Water System Fees $360.00 $600.00 $2,100.00 $6,617.00
Connection Fee - Sewer
Area Charge $367.90 $314.44 $2,245.80 $786.10
Sewer System Fees $1,288.00 $4,000.00 $2,995.00 $4,060.00
Sewer
Connection/Inspection Fee $75.00 $100.00 $100.00 $85.00
TOTAL $12,180.58 $9,976.81 $16,070.28 $19,886.46
*Pasco, Kennewick and Richland either offers a reduced plan review fee or waives it entirely for single -
family dwellings. The standard plan review fee is 65% of the building permit fee in Pasco, Kennewick, and
Richland.
**Kennewick and Richland have designated zones for their impact fees, with fees varying based on the
project's location. For this comparison, Staff utilized area/district/zone 1 for each fee calculation.
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Project information:
•Valuation: $1,304,221
•Number of Lots: 76
•Number of Plan Sheets: 20
Exercise – Public Infrastructure (Development
Review)
9
City of Pasco City of Kennewick City of Richland City of West Richland
Hourly
5% project cost $1M and 3% over
$1M includes both review and
inspection
$411 per sheet review & 3%
project cost for inspection
Tiered Dollar amount per lot
(50+lots: $13,700+$200 per lot)
& 5% project cost for
inspection
Hours Charge Fee Charge Fee Charge Fee Charge
Plan Review: $90
First Hour &
$60/hr after
47 $2,835.00 5% of $1,000,000 $50,000.00 Plan Review:
20 Plan Sheet $8,220.00
Plan Review:
$3,200+$250
each lot
$28,900.00
Inspection: $90
First Hour &
$60/hr after
82 $4,920.00 3% of $304,221 $9,126.63
Inspection:
3% of project
cost
$39,126.63
Inspection:
5% of project
cost
$65,211.05
Total $7,755.00 Total $59,126.63 Total $47,346.63 Total $94,111.05
Per lot $102.04 Per lot $777.98 Per lot $622.98 Per lot $1,238.30
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Focused Scope:
Public Infrastructure
(Development Fees)
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Current Fees:
•Public Infrastructure
Inspection: $90 for the first
hour, $60 for each additional
hour
•Public Infrastructure Plan
Review: $90 for the first hour,
$60 for each additional hour
Public Infrastructure
Fees
11
Drawbacks:
•Unpredictable Costs for
Developers
•Inconsistent
•Administrative Burden
•Inefficiency in Cost Recovery
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Alternative Fee Structures – Public Infrastructure
12
Type Information Examples
Public Infrastructure Plan
Review Fee
Tiered System - Lots
Fee is based on the number of lots in the project. Includes
the first two reviews.
West Richland:
up to 8 lots: $400
9-50 lots: $3,200 + $250 each lot
50+: $13,700+$200 per lot
Percentage
Calculated as a percentage of the project’s construction
value. The percentage may vary depending on the project
cost. Includes the first two reviews.
Kennewick:
5% of the construction cost for anything under $1M
3% for the portion of construction costs over $1M
Plan Sheet Count
Fee is charged per plan review sheet submitted. Applied for
each submission.
Richland
Commercial Industrial: $111 per engineering plan sheet
Subdivision: $411 per engineering plan sheet
Public Infrastructure
Inspection Fee percentage
Calculated as a percentage of the project’s construction
value. The percentage may vary or be a flat rate.
Richland:
3% of the construction cost for anything under $1M and 2%
for the portion of construction costs over $1M
West Richland
5% of the total Cost of the Improvements, $500 minimum
Combined with Plan
Review Fee
The inspection fee is included as part of the plan review fee,
resulting in a single, consolidated fee.
Kennewick:
Included with their plan review fee which is a percentage of
the cost of the project.
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Recommendations
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Alternative Fee Structures – Public Infrastructure
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Type Information Examples
Public Infrastructure
Plan Review Fee
Tiered System -
Lots
Fee is based on the number of lots in the
project. Includes the first two reviews.
West Richland:
up to 8 lots: $400
9-50 lots: $3,200 + $250 each lot
50+: $13,700+$200 per lot
Percentage
Calculated as a percentage of the project’s
construction value. The percentage may vary
depending on the project cost. Includes the
first two reviews.
Kennewick:
5% of the construction cost for anything
under $1M
3% for the portion of construction costs over
$1M
Plan Sheet
Count
Fee is charged per plan review sheet submitted.
Applied for each submission.
Richland
Commercial Industrial: $111 per engineering
plan sheet
Subdivision: $411 per engineering plan sheet
Public Infrastructure
Inspection Fee
Percentage
Calculated as a percentage of the project’s
construction value. The percentage may vary or
be a flat rate.
Richland:
3% of the construction cost for anything under
$1M and 2% for the portion of construction
costs over $1M
West Richland:
5% of the total Cost of the Improvements, $500
minimum
Combined with
Plan Review Fee
The inspection fee is included as part of the
plan review fee, resulting in a single,
consolidated fee.
Kennewick:
Included with their plan review fee which is a
percentage of the cost of the project.
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•Based on feedback from
development community
•Most predictable
•Revenues are restricted for
development processes only
by state law
•Allows for
additional investment to
improve Pasco's processes
Advantages of Change
15
Drawbacks:
•Will increase development
review fees
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Fee Type
Fee Fee Pricing inclusions Fee Pricing inclusions Fee Pricing inclusions
Public Infrastructure Inspection $90/hr. First Hour and
$60/hr. after
Included in the Public
Infrastructure Plan review fee
Included in the Public
Infrastructure Plan review fee
3% of the construction cost for
anything under $1M and 2% for
the portion of construction costs
over $1M
Administrative and Inspection costs 5% of the total Cost of the
Improvements, $500 minimum
The fee is to cover actual costs
incurred by the city. If the cost to
the city exceeds the amount of the
fees paid, the developer shall pay
an additional fee before final
approval of the plat
improvements;
Public Infrastructure Plan review $90/hr. First Hour and
$60/hr. after
5% of the construction cost
for anything under $1M and
3%for the portion of
construction costs over $1M
Covers the administrative, plan
review(2 submittals) and inspection
costs
Commercial Industrial: $111 per
engineering plan sheet |
Subdivision: $411 per
engineering plan sheet
The plan review fee shall apply each
time a project is submitted for review.
Tiered approach: up to 8 lots:
$400, 9-50: 3,200+$250 each
lot, 50+: $13,700+$200 per lot
(Includes first 2 reviews)
The fee is to cover actual costs
incurred by the city; any
deficiency shall be paid prior to
the public works director or
his/her designee approving the
improvement plans and
specifications for a final plat;
Public Infrastructure Additional
reviews
$90/hr. First Hour and
$60/hr. after
Plan reviews after the second
submittal will be charged an
additional one percent of
project costs for each
subsequent submittal.
Plan reviews after the second
submittal
20% of the initial plat
improvement Plan Review Fee
For Each Additional Review
Beyond the First Two Reviews
1st hour rate Hours Charge Fee Charge Fee Charge Fee Charge
Plan Review: $90 First
Hour & $60/hr. after 47 $ 2,835.00 5% of $1,000,000 $ 50,000.00 Plan Review: 20 Plan Sheet $ 8,220.00 Plan Review: $3,200+$250
each lot $ 28,900.00
Plan Review: $90 First
Hour & $60/hr. after 82 $ 4,920.00 3% of $304,221 $ 9,126.63 Inspection: 3% of project cost $ 39,126.63 Inspection: 5% of project cost $ 65,211.05
Total $ 7,755.00 Total $ 59,126.63 Total $ 47,346.63 Total $ 94,111.05
$ 102.04 $ 777.98 $ 622.98 $ 1,238.30
Project Const. Cost Estimate 1,304,221.00$
Improvement Number of Plan Sheets Number of Lots Survey per lot Erosion Control 6" 8" 12"
20 76 76 1 150 2229 1030
Value 411.00$ 50.00$ 2,000.00$ 20.00$ 26.00$ 45.00$
8,220.00$ -$ 3,800.00$ 2,000.00$ 3,000.00$ 57,954.00$ 46,350.00$
Domestic Water
2" Valve 6" Valve 8" Valve 12" Valve 16" Valve 1" Service 2" Service Hydrant 8" 4" Service
5 7 6 5 1 79 1 7 2393 70
550.00$ 725.00$ 1,000.00$ 1,500.00$ 1,750.00$ 870.00$ 1,000.00$ 3,500.00$ 30.00$ 450.00$
2,750.00$ 5,075.00$ 6,000.00$ 7,500.00$ 1,750.00$ 68,730.00$ 1,000.00$ 24,500.00$ 71,790.00$ 31,500.00$
Sewer Irrigation
Deep MH's 8" 16" 2" Valve 6" Valve 8" Valve 16" Valve 1" Service 2" Service 12" Perf
1836 1415 5 6 2 80 1 865
25.00$ 55.00$ 550.00$ 725.00$ 1,000.00$ 1,750.00$ 870.00$ 1,000.00$ 36.00$
-$ 45,900.00$ 77,825.00$ 2,750.00$ -$ 6,000.00$ 3,500.00$ 69,600.00$ 1,000.00$ 31,140.00$
Storm
Type s CB Stop Sign
Street Name
Sign Other Sign Street Lights HC Ramps Sidewalks Curb and Gutter HMA Total Infrastructure
23 9 18 8 12 24 590 6053 2103
1,200.00$ 200.00$ 200.00$ 200.00$ 4,000.00$ 500.00$ 15.00$ 9.00$ 70.00$
27,600.00$ 1,800.00$ 3,600.00$ 1,600.00$ 48,000.00$ 12,000.00$ 8,850.00$ 54,477.00$ 147,210.00$ 934,221.00$
Neighboring Cities Public Infrastructure fees
Project information Project Cost Breakdown
Project Construction Cost Breakdown
Hypothetical Public Infrastructure Estimation Exercise
How to Calculate
City of Richland City of West Richland
5% project cost $1M and 3% over $1M includes both review and
inspectionHourly Tiered Dollar amount per lot (50+lots: $13,700+$200 per lot) &
5% project cost for inspection$411 per sheet review and 3% project cost inspection
City of Pasco City of Kennewick
City of Richland City of West Richland
Same as public infrastructure plan review fee
Pricing inclusions
City of Pasco City of Kennewick
Cost recovery of engineering staff
time
Cost recovery of engineering staff
time
Cost recovery of engineering staff
time
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Fee City of Richland
Type Fee/Charge
Sewer tap and inspection (in/out City) $75.00
Square Footage (per sq. ft.):
*waived if lines are installed by developer $0.0468
Front footage (per foot): $25.00
Inside City-Homes (per unit) $1,288.00
Inside City - Hotel/motel (per unit) $524.00 Water Meter Size Property Inside City Limits Property Outside City Limits Area Charge (per sq ft.)
Outside City - Homes (per unit) 50% surcharge 3/4" $4,000 $6,000 $0.04
1" $4,000 $6,000 $0.04
1 1/2" $5,000 $8,250 $0.04
3/4-inch meter $1,288.00 2" $6,300 $9,450 $0.04 Water Meter Size Property Inside City Limits Property outside City Limits
1-inch meter $1,936.00 3" $12,500 $18,375 $0.04 3/4" $4,060 $6,090
1-1/2-inch meter $4,517.00 4" $17,500 $26,250 $0.04 1" $4,060 $6,090
2-inch meter $7,097.00 6" $32,500 $48,750 $0.04 1 1/2" $8,120 $12,180
3-inch meter $13,550.00 8" $50,500 $75,750 $0.04 2" $12,992 $19,488
4-inch meter $21,291.00
3" $24,360 $36,540
6-inch meter $43,226.00 4" $40,600 $60,900
8-inch meter $69,032.00
10-inch meter $98,927.00
Outside City limits 3/4 - 10-inch meter 50% surcharge
Water tap application fee $150.00
Size of pipe & fee type Connection fee
Front footage (per foot): Size of Pipe Service Charge Frontage Charge $/lin. ft. Area Charge $/sq. ft.
3/4" $600.00 $9.00 $0.015 Meter fee $1,020.00
In and out City limits $20.00 1" 700.00 9.00 0.015 Connection fee - Indoor & Non-Irrigation Users $2,100.00
1 1/2" 1,600.00 9.00 0.015 Connection fee - Outdoor Landscape, Irrigation, Car Washes $2,990.00
In and out City limits $25.00 2" 1,900.00 9.00 0.015
3" 5,400.00 9.00 0.015 Meter fee $1,045.00
4" 7,100.00 9.00 0.015 Connection fee - Indoor & Non-Irrigation Users $2,100.00
In and out City limits $0.0388 6" 8,800.00 9.00 0.015 Connection fee - Outdoor Landscape, Irrigation, Car Washes $2,900.00
In and out City limits $0.0426 Meter fee $2,750.00
Connection fee - Indoor & Non-Irrigation Users $6,993.00
Size of Pipe Service Charge Frontage Charge $/lin. ft. Area Charge $/sq. ft. Connection fee - Outdoor Landscape, Irrigation, Car Washes $9,957.00
3/4-inch meter $360.00 3/4" $800.00 $9.00 $0.015
1-inch meter $601.00 1" 900.00 9.00 0.015 Meter fee $3,585.00
1-1/2-inch meter $1,198 1 1/2" 1,800.00 9.00 0.015 Connection fee - Indoor & Non-Irrigation Users $11,193.00
2-inch meter $1,918 2" 2,100.00 9.00 0.015 Connection fee - Outdoor Landscape, Irrigation, Car Washes $15,937.00
3-inch meter $3,599 3" 5,600.00 9.00 0.015
4-inch meter $5,999 4" 7,300.00 9.00 0.015 Meter fee $2,600.00 Water Meter Size Property Inside City Limits Property outside City Limits
6-inch meter $11,995 6" 9,000.00 9.00 0.015 Connection fee - Indoor & Non-Irrigation Users $21,000.00 3/4" $6,418 $9,627
8-inch meter $19,192 Connection fee - Outdoor Landscape, Irrigation, Car Washes $29,900.00 1" $6,418 $9,627
10-inch meter $27,591 1 1/2" $12,836 $19,254
Outside City limits 3/4 - 10-inch meter 90% surcharge Meter fee $3,700.00 2" $20,538 $30,807
Connection fee - Indoor & Non-Irrigation Users By Contract 3" $38,508 $57,762
Connection fee - Outdoor Landscape, Irrigation, Car Washes By Contract 4" $64,180 $96,270
Sewer Connection Fees*
Neighboring Cities Connection Fees
Charges for services larger than four inches shall be based upon the actual cost of time and materials plus the
established City overhead costs for services rendered. If the manhole and other related construction is accomplished by
the owner, no tapping charge will be assessed.
Hookup Charge: The hookup charge for connections from all property other than that described in subsection (1) of this
Section shall be based upon the water meter size as follows:
When a wye or a tee has previously been installed for the connecting property's side sewer and is used for the side sewer
connection, the hookup charge shall be:
When a public sewer system service tap is required for the connecting property's side sewer connection, the total charge
shall be the sum of the appropriate service tap charge defined in subsection (1), side sewer charge defined in subsection
(2), and the hookup charge defined in subsection (3), above.
City of Pasco
Sewer Development Fee:
Single-family residential unit and each dwelling unit of a duplex inside city limits - $4,060 per dwelling unit
City of Kennewick City of West Richland
Sewer Mainline Tap Charge: When the property has participated in the construction costs of the sewer mainline to
which it will be connecting, the tap fees shall be:
Side Sewer Charge: When the property has participated in construction costs of the sewer mainline, and the costs are at
least equal to the connection fees, the side sewer fees shall be:
If a wye or tee installed and previously paid for by the
property and used for the connection, no tap charge.
If a wye or tee was not installed, $100.00 inside the City
limits and $150.00 outside the City limits.
Four-inch side sewer installed and previously paid for by
the property and used for the connection, no charge.
For a 2-inch meter: $5,475 for the meter and service connection; provided, that in the event the City's only requirement
is to insert a meter into a properly constructed meter box, the fee shall be $1,235. The aforementioned hookup fees
exclude the cost of asphalt pavement, concrete curb and gutter, landscaping and sidewalk restoration. A fee for
restoration shall be in addition to the hook up fee.
Sewer Connection Fee - Water Meter Size 4" By Contract
Sewer Connection Fee - Water Meter Size 3" $29,950.00
The number of square feet of property by the sewer system to a maximum of
108,900 square feet (2.5 acres), as determined by the Public Works Director, is multiplied by $0.10 per square foot with
the total area charge not to exceed $10,890 for a
gravity sewer line. The number of square feet of property by the sewer system to a
maximum of 108,900 square feet (2.5 acres), as determined by the Public Works Director, is multiplied by $0.02 per
square foot with the total area charge not to exceed
$2,178 for a pressure sewer line.
The lineal feet of property adjacent to and fronting the existing or proposed gravity
sewer line to a maximum of 330 linear feet, as determined by the Public Works Director, is multiplied by $37.00 per
foot with the total linear charge not to exceed $12,200.
The lineal feet of property adjacent to and fronting the existing or proposed pressure
sewer line to a maximum of 330 linear feet, as determined by the Public Works Director, is multiplied by $22.00 per
foot with the total linear charge not to exceed $7,260.
Sewer Line Development Fee: The Sewer line development fee imposed herein for a parcel of property is computed as
the sum of the following front foot charge and area charge
Four-inch side sewer previously installed, but not paid for,
$15.00 per linear foot inside the City limits and $22.50 per
linear foot for property outside the City limits.
Capital expansion
Residential:
Inside City (based on water meter size):
Fee for Inspection of New Sewer Service for Users Discharging - $60
Single-family residential unit and each dwelling unit of a duplex outside the city limits - $6,090 per dwelling unit
Per Foot Frontage Fee - 6" Meter By Contract
Per Foot Frontage Fee - Meters 3/4" to 4" $30.00
Sewer Connection Fee - Water Meter Size 1" $2,995.00
Sewer Connection Fee - Water Meter Size 3/4" $2,995.00
Sewer Connection Fee - Water Meter Size 1 1/2" $9,973.00
Water Connection Fees*
Commercial:
Water system capital expansion/replacement charges
Prior approval of construction plans for preliminary plat, or approval of a short plat of binding site plan, the owner
and/or developer shall pay a portion of the sewer system development fee - $1,260 per lot
The sewer system development fee for all other users discharging domestic strength sewage not listed above shall be
based on the size of water services as shown in the table below
Greater than 4" To be Determined To be Determined
New Service Connection Charges. The following amounts for labor, overhead, and materials shall be full payment for
original installation and maintenance for property within the City limits:
For a 3/4-inch meter or 1-inch meter: $2,500 for the service connection; provided, that in the event the City's only
requirement is to insert a meter into a properly constructed meter box, the fee shall be $575.00. The 3/4-inch meter will
be issued only with the approval of the Public Works Director. The aforementioned hookup fee exclude the cost of
asphalt pavement concrete curb and gutter, landscaping and sidewalk restoration. A fee for restoration shall be in
addition to the hookup fee.
For a 1 1/2-inch meter: $4,690 for the meter and service connection; provided, that in the event the City's only
requirement is to insert a meter into a properly constructed meter box, the fee shall be $1,060.00. The aforementioned
hookup fees exclude the cost of asphalts pavement, concrete curb and gutter, landscaping and sidewalk restoration. A
fee for restoration shall be in addition to the hookup fee.
Sewer Connection Fee - Water Meter Size 2" $15,963.00
Sewer Connection Fee - Water Meter Size 6" By Contract
3/4"
1"
1 1/2"
3"
2"
For new service lines located outside the City limits, the following amounts for labor, overhead, and materials shall be
full payment for original installation and maintenance:
4"
Residential:
Commercial:
Inside City limits:
Residential:
Commercial :
Square Footage (per sq. ft.):For 3-inch meter or larger: the actual cost of making the connection, including labor, materials, meter, valve fittings and
other appurtenances and a fee for restoration of asphalt pavement, concrete curb and gutter, sidewalk and landscaping.
Water System Development Fee for a Single-Family Residential Unit and Each Dwelling unit of a Duplex Inside City
Limits - $6,18 Per Dwelling Unit
Water System Development fee for a Single-Family Residential Unit and Each Dwelling unit of a Duplex Outside City
Limits - $9,627 Per Dwelling Unit
Water system development fee shall be reduced by $2,635 for parties City potable water for irrigation purposes. Prior to
approval of the construction plans for a preliminary plat, or approval of a short plat or binding site plan, the owner
and/pr developer shall pay $1,350 per lot portion of the Water system development fee.
Water System development fee for all other users not listed in subsection C shall be based on the size of the water meter
service. Fee area reflected in the table below. Except for a second water service for "irrigation use only",
owner/developer shall only be required to pay Water connection hookup fee and new account service fee for the
"irrigation only" water service. Second water service to be the same size or smaller than primary water service for
exception to apply.
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Fee City of Richland
Neighboring Cities Connection Fees
City of Pasco City of Kennewick City of West Richland
Greater than 4" To be Determined To be Determined
Meter fee $4,900.00
Connection fee - Indoor & Non-Irrigation Users By Contract
Connection fee - Outdoor Landscape, Irrigation, Car Washes By Contract
$15.00
Per Foot Frontage Fee - 6" Meter By Contract
*Some cities may waive or adjust fees based on specific agreements or conditions.
Water Line Development Fee: The waterline development fee imposed herein for a parcel of property is computed as:
When it is desired by a property owner and in any case requisite to having a city
water service installed to serve a parcel(s) of land, a fee, as set forth in Chapter
3.35 PMC, shall be paid to the Director of Finance based on the amounts for the
following:
The water line development fee imposed herein for parcel of property is computed as:
The lineal feet of property adjacent to and fronting the existing or proposed water line to a maximum of 330 linear feet,
The number of square feet of property to be served by the water system to a maximum of, 108,900 square feet (2.5
acres) as determined by the Public Works Director, is multiplied by $0.02 per square foot with the total area charge not
to exceed $2,178.
Prior to granting a permit for water distribution work on public rights of way to be done by private contract, the
permittee must provide all necessary surveys, grades, engineering design data, plans, specifications, estimate of
quantities, and, subsequent to issuance of the permit, all necessary construction staking, all of which must be certified
by a registered engineer or surveyor. The City may do the work for an appropriate fee. The contractor must
notify the Deputy Director of Public Works in writing at least 24 hours before commencing construction. The Deputy
Director of Public Works will check the work during construction and no work may commence until the grades and
alignment have been checked and an inspector is present. No phase of construction may commence if it obscures any
phase of construction before the prior has been adequately inspected, and the contractor must remove at his own
expense any such construction if directed by the Deputy Director of Public Works. All work must be inspected prior to
backfilling.
The service line from the water main up to and including a curb stop at the point of delivery
shall be installed by the developer/contractor. In areas where the water main is installed by
the customer, the service line shall be installed to the department’s specifications and the
department will maintain the service line from the main up to and including a curb stop at the
point of delivery.
For other situations, upon approval of the application by the department and payment of the
appropriate installation fees, the department will install and maintain the connection on the
water main in a right-of-way or easement, and the service line from this connection up to and
including the point of delivery.
Connection to existing lines*
Residential Charges: A charge for each front foot of the parcel(s) of property
served, plus a charge for each square foot of the parcel(s) of property served.
6"
The lineal feet of property adjacent to and fronting the existing or proposed water line to a maximum
of 330 linear feet, as determined by the Public Works Director, is multiplied by $52.00 per foot with the total linear
footage charge not to exceed $17,160.
The number of square feet of property to be served by the water system to a maximum of, 108,900 square feet (2.5
acres) as determined by the Public Works Director, is multiplied by $0.10 per square foot with the total area charge not
to exceed $10,890.
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Fee
Total Valuation Fee Total Valuation Fee Total Valuation Fee Total Valuation Fee
$1.00 to $10,000 $50.00 $1.00-$500 $23.50 $1.00-$500 $23.50 $1.00 to $500 $25.85
$10,001 to $25,000 $195.25 for $10,0001 - $11,000 +
$14.00 for each add’l $1,000 $501.00 to $2,000
$25.85 for the first $500 plus
$3.05 for each additional $100 $501 to $2,000
$25.85 for the first $500 plus $3.05 for
each additional $100 $501 to $2,000
$25.85 for the first $500 plus $3.35 for each
additional $100, or fraction thereof, to and
including $2,000
$25,001 to $50,000
$391.75 for the first $25,000 +
$10.10 for each add’l $1,000, or
fraction thereof $2,001 to $25,000
$69.25 for the first $2,000.00 plus
$14.00 for each additional $1,000
$2,001 to $25,000
$69.25 for the first $2,000 plus $14.00
for each additional $1,000
$2,001 to $25,000
$76.10 for the first $2,000 plus $15.40 for
each additional $1,000,
or fraction thereof, to and including $25,000
$50,001 to $100,000
$643.75 for the first $50,000 + $7.00
for each add’l $1,000, or fraction
thereof $25,001 to $50,000
$391.25 for the first $25,000 plus
$10.10 for each additional $1,000 $25,001 to $50,000
$391.25 for the first $25,000 plus
$10.10 for each additional $1,000 $25,001 to $50,000
$430.30 for the first $25,000 plus $11.11 for
each additional $1,000, or fraction thereof, to
and including $50,000
$100,001 to $500,000
$993.75 for the first $100,000 +
$5.60 for each add’l $1,000, or
fraction thereof $50,0001 to $100,000
$643.75 for the first $50,000 plus
$7.00 for each additional $1,000 $50,0001 to $100,000
$643.75 for the first $50,000 plus
$7.00 for each additional $1,000 $50,0001 to $100,000
$708.05 for the first $50,000 plus $7.70 for
each additional $1,000, or fraction thereof, to
and including $100,000
$500,001 to $1,000,000
$3,233.75 for the first $500,000 +
$4.75 for each add’l $1,000 or
fraction thereof $100,001 to $500,000
$993.75 for the first $100,000
plus $5.60 for each additional
$1,000 $100,001 to $500,000
$993.75 for the first $100,000 plus
$5.60 for each additional $1,000 $100,001 to $500,000
$1,093.05 for the first $100,000 plus $6.15
for each additional $1,000, or fraction
thereof, to and including $500,000
$500,001 to $1,000,000
$3233.75 for the first $500,000
plus $4.75 for each additional
$1,000 $500,001 to $1,000,000
$3233.75 for the first $500,000 plus
$4.75 for each additional $1,000
$500,001 to $1,000,000
$3,553.05 for the first $500,000 plus $5.25
for each additional $1,000, or fraction
thereof, to and including $1,000,000
$1,000,000 and up
$5608.75 for the first $1,000,000
plus $3.65 for each additional
$1,000 $1,000,000 and up
$5608.75 for the first $1,000,000 plus
$3.65 for each additional $1,000 $1,000,000 and up
$6,178.05 for the first $1,000,000 plus $3.50
for each additional $1,000, or fraction
thereof.
Fee Notes Fee Notes Fee Notes Fee Notes
$2,152.95 $2,152.95 $2,152.95 2366.1
$50.00 $0.00 $0.00 $1,419.66
$6.50 $6.50 $6.50 $6.50
$1,908.06 $1,064.00 Service Area 1 $1,680.00 $3,100.00
$709.00 $1,621.00 District 1 - Southridge Area
$2,647.13
Traffic Impact Zone 1 $0.00 Authorized to have Transportation Impact
fees but not included in their Master Fe
Schedule.
$4,700.00 $0.00 No School Impact fee $0.00 No School Impact fee $0.00 No School Impact fee
$9,526.51 $4,844.45 $6,486.58 $6,892.26
$258.16 $0.00 $1,020.00 $660.00
Area Charge $305.01 $0.0388/sq ft. $117.92 $0.015/sq ft. $1,122.90 $15 Per foot frontage fee $786.10 $0.10/sq ft.
W System Fees - 3/4
inch
$360.00 $600.00 $2,100.00 $6,617.00
Area Charge $367.90 0.0468/sq ft.$314.44 $0.04/sq ft. $2,245.80 $30 Per foot frontage fee Cou $0.10/sq ft.
S System Fees $1,288.00 $4,000.00 $2,995.00 $4,060.00
Sewer Connection
Inpection Fee
$75.00 $100.00 sewer "tap" connection fee for in city $100.00 sewer "tap" connection fee for in city $85.00
DPWTOTAL $2,654.07 $5,132.36 $9,583.70 $12,208.10
Total Cost $12,180.58 $9,976.81 $16,070.28 $19,100.36
Size 1586
Valuation $306,978.46
Frontage: 74.86
Depth: 105.01
Neighboring Cities Building Permit Fees
Permit Fees
Plan Review Fee
City of West RichlandCity of RichlandCity of KennewickCity of Pasco
$1,000,001 and up
$5,608.75 for the first $1,000,000 +
$3.65 for each add’l $1,000 or
fraction thereof
Building Permit
Fee Comparison - Single Family Dwelling
Fees Pasco Kennewick Richland West Richland
State Fee
Park impact fee
Traffic impact fee
School Impact Fee
,
Building Total
DPW Fees
3/4" meter fee
Water - New Service -
Residential
Sewer - New Service -
Residential
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AGENDA REPORT
FOR: City Council December 6, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/27/25
FROM: Richa Sigdel, Deputy City Manager
Community & Economic Development
SUBJECT: Monthly Update: Transportation Impact Fee Study (2 minutes)
I. ATTACHMENT(S):
Not Applicable
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Not Applicable
IV. HISTORY AND FACTS BRIEF:
The purpose of the study is to assess the financial impact of new developments
on City of Pasco’s (City's) transportation infrastructure. Transportation Impact
Fees ensures that the City has adequate transportation facilities to serve new
growth and development. The City has recently relied on proportionate shares to
fund critical transportation projects, and this study is part of a long-term strategy
to create a more sustainable growth model for the City’s transportation network.
The City's current Traffic Impact Fee (TIF) applies to all development west of 20th
Avenue. This fee was implemented in March, 2005 and then updated in
February, 2009. The impact fee has not been updated since 2009, creating
challenges for the City to construct adequate transportation infrastructure. Since
its inception, the City has collected close to $6 million in traffic impact fees.
Traffic Impact Fees are:
Residential developments $709.00
Multifamily units $435.00
Commercial $43.00 per daily vehicle trip
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The Traffic Impact Fee Study is being conducted by Fehr & Peers. Effort started
in November, 2022 and stalled in November, 2023. The effort is being restarted
now with the aim of completing the study and adopting recommendations by
March, 2025. Below are some key tasks that need to be completed in this effort.
1. Review and update transportation project list - Derived from Transportation
Improvement Plan (TIP) and Capital Improvement Plan (CIP) that has
been created over six public outreaches and Council review and approval.
2. Confirm growth estimates - Update the commercial and industrial growth
estimates that was done in 2022-2023 timeline.
3. Determine share of trips attributable to growth and further to specific TIF
districts.
4. Calculate impact fee rate and update fee schedule
5. Outreach - Two (2) meetings with Developers, one (1) meeting with public
at-large, and two (2) in-person Council meeting updates.
Staff received Council guidance and approval on this proposed path forward.
Staff has developed a potential project list based on the approved Transportation
System Master Plan, Transportation Improvement Plan, and Capital Improvement
Plan. Fehr & Peers has provided further review and input on the list.
V. DISCUSSION:
Staff will get input on the list from members of Council in early February. Once
those inputs are incorporated, Fehr and Peers will start their outreach effort as
mentioned above to receive feedback and provide information. Legal review
will occur periodically to ensure that the methodology complies with the strict
legal requirements for impact fees.
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AGENDA REPORT
FOR: City Council January 21, 2025
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/27/25
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution - Change Order No. 6 PWRF Phase 2 Construction Contract
with Tapani (5 minutes)
I. ATTACHMENT(S):
Resolution
Exhibit A - Change Order No. 6
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 Orders
No. 1-5 $899,638.78
Proposed Change Order No. 6 $148,290.62
New Contract Amount $32,636,176.32
The proposed Change Order can be accommodated within the project budget.
The project is funded through a State Revolving Fund (SRF) low interest loan
awarded by the Washington State Department of Ecology under agreement
WQC-2024-Pasco-00091, which was authorized through adoption of
Resolution No. 4425 on March 4, 2024.
Total construction contract changes including proposed Change Order No. 6
represent approximately 3.32% of the original contract amount.
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IV. HISTORY AND FACTS BRIEF:
The construction contract for the Process Water Reuse Facility (PWRF) Phase
2 Winter Storage Improvements project was awarded to Tapani, Inc. on
September 11, 2023. Construction is approximately 94% complete, with the
Substantial Completion milestone anticipated to be complete in April 2025.
Since construction began, five (5) Change Orders (COs) have been approved.
The majority of the executed change order work included construction material
substitutions in addition to electrical, mechanical and structural modifications
required for fully functional installation to enhance future operation between
existing and new facility components. Previously approved COs No. 2, No. 3,
and No. 5 addressed these types of design modifications.
Other previously approved changes, such as those addressed in COs No. 1
and No. 4, provided for addition of artificial owl burrows for site environmental
mitigation barrier isolation electrical an (buried installation as well as of
polyethylene encasement) for pond liner electronic leak detection testing. The
noted modifications were intended to comply with federal funding and state
regulatory requirements for the project.
V. DISCUSSION:
Change Proposal Requests (CPRs) were identified, reviewed, and packaged
for approval into proposed CO No. 6 and are summarized as follows:
1. CPR 20 addresses the additional scope required to extend power and
communications infrastructure to the new Effluent Splitter Box (ESB)
structure. The Contract Drawings indicated an automated slide gate
within the ESB, but electrical and communications were not included on
the electrical plans. (Add of $5,982.44 w/o tax)
2. CPR 22 adds reinforced concrete landings for the stairs attached to the
new pedestrian bridge abutments for the three new lagoons and the
existing 123MG lagoon. This change addresses operational safety
concerns with elevation of the bottom level of the stairs relative to the
finished grade elevation. (Add of $16,910.04 w/o tax)
3. CPR 23 incorporates the negotiated costs for the additional excavation
on the city acquired NorthEast USBR parcel (add $416,525.41) and for
the negotiated credit for the material from the project site that was
placed on the city acquired South USBR parcel (deduct $360,553).
These grading and earthwork modifications are the result of reconciled
quantities encountered during construction. (Add of $55,972.41 w/o tax)
4. CPR 24 incorporates additional negotiated costs for Tapani's assistance
with the electronic leak detection testing of the new lagoon liner systems
required by the state Department of Ecology. These costs include labor,
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equipment, and water supply for a three month duration while the testing
was being performed. (Add of $58,314.22 w/o tax)
5. Tax (Add of $11,111.51)
These itemized changes will constitute a sixth change order to the project in
the amount of $148,290.62 with no additional working days added to the
original contract time. The amount of CO No. 6 exceeds the Public Works
Director approval authority.
City Staff recommends approval of CO No. 6 in the amount of $148,290.62 for
the PWRF - Phase 2 Winter Storage Improvements project.
Page 41 of 91
Resolution - CO No. 6 for PWRF Phase 2 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
6 WITH TAPANI, INC. FOR THE PROCESS WATER REUSE FACILITY
PHASE 2 WINTER STORAGE IMPROVEMENTS PROJECT.
WHEREAS, the City of Pasco (City) and Tapani, Inc. (Tapani) entered into a Construction
Contract on September 11, 2023, for construction of the Process Water Reuse Facility (PWRF)
Phase 2 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, previously approved Change Order No. 3 was under the authority provided
to the City Manager via Council adoption of Resolution No. 4441 on April 15, 2024; and
WHEREAS, previously approved Change Order No. 4 was under the authority provided
to the City Manager and Public Works Director; and
WHEREAS, previously approved Change Order No. 5 was under the authority provided
to the City Manager via Council adoption of Resolution No. 4493 on September 16, 2024; and
WHEREAS, proposed Change Order No. 6 is issued to address both structural and
electrical modifications necessary for a complete and functioning installation of new infrastructure
in addition to site grading revisions needed to expedite construction and reduce the impact to
existing private farm property access roads; and
WHEREAS, the $148,290.62 amount of Change Order No. 6 added to the cumulative sum
of 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.
6 with Tapani.
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. 6 between the City of Pasco and Tapani, Inc. as attached hereto and incorporated herein
as Exhibit A.
Page 42 of 91
Resolution - CO No. 6 for PWRF Phase 2 - 2
Be It Further Resolved, that the City Manager of the City of Pasco, Washington is hereby
authorized to execute said Change Order No. 6 on behalf of the City of Pasco.
Be It Further Resolved, that this resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
_____________, 2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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January 27, 2025
Pasco City Council
Workshop Meeting
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PWRF Phase 2 – Change
Order No. 6
January 27, 2025
Pasco City Council
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PWRF Phase 2 Improvements Update
3
Construction Activities
Approximately 94%
complete as of December 2024
PRRC (Phase 3) facility
connection tie-ins in progress
Upcoming outlet structure
work at existing 123 MG
lagoon
Anticipated completion in
Q3 2025
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PWRF Phase 2 Construction Costs
4
CostContract Items
$45,488,837.00Engineer’s Estimate
$31,588,246.92Bid Award
$899,638.78 (2.85%)Change Orders 1 though 5
$148,290.62 (+0.47%)Change Order No. 6
$32,636,176.32New Contract Amount
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PWRF Phase 2 Change Order No. 6
5
The proposed Change Order No. 6 adds $148,290.62 (including sales tax) to the project and
brings the total construction contract amount to $32,636,176.32. The proposed Change Proposal
Requests (CPRs) line item within Change Order No. 6 are outlined below:
CPR 20 – Power and Control to Second Gate at ESB (Add of $5,982.44 w/o tax)
CPR 22 – Pedestrian Catwalk Stairs (Add of $16,910.04 w/o tax)
CPR 23 – USBR Parcel Final Cut/Fill Quantities (Add of $55,972.41 w/o tax)
CPR 24 – Electronic Leak Detection Assistance (Add of $58,314.22 w/o tax)
Tax – (add of $11,111.51)
Each CPR was verified as necessary additions and negotiated with the Contractor. They were
found to be reasonable by both City Staff and the Consultant/Construction Management (CM)
team.
Staff recommends approval of Change Order No. 6.
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AGENDA REPORT
FOR: City Council January 22, 2025
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/27/25
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution - Acceptance of Work for Road 36 Golf Course Irrigation Line
Extension (5 minutes)
I. ATTACHMENT(S):
Resolution
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Total Payment to Big D's Construction of Tri-Cities, Inc.: $147,920.94.
This project was funded through REET funds from the City of Pasco.
IV. HISTORY AND FACTS BRIEF:
Since the 1950's a City of Pasco Golf Course irrigation Line has cut across the
Airport property from Road 36 to Argent Road. The Port of Pasco requested
that the City of Pasco's Irrigation line be removed from the Airport Property and
placed in the City Right of Way. The Road 36 Golf course Irrigation line
Extension Project (No. 22421), construction contract was awarded to Big D's
Construction of Tri-Cities, Inc. of Pasco, WA on January 18, 2024 in the
amount of $166,050.72. The project is now complete and was constructed per
project specifications. Final construction costs totaled $147,920.94 after credits
for work item quantity changes and the approval of 2 Change Orders.
Change Orders (CO) for the project included:
CO No.1 $17,940.00: Additional pipe removal along Port of Pasco Property
outside of the fenced area of the airport. (Addition)
Page 60 of 91
CO No. 2 ($36,069.78): Reconciliation Change order covering credits and
debits including a deduction for sales tax for work item quantity changes.
(Deduction)
The project is complete and the materials and workmanship meets the
standards specified in the contract documents.
Formal acceptance of public works projects is required by State law and starts
the 45-day period within which an outside vendor, supplier or laborer would
have an opportunity to file a claim against this project pursuant to RCW
60.28.011 (2). Upon completion of the 45-day lien filing period, retainage being
held by the City may be released upon receipts of the following:
An affidavit of no liens
A release from the Department of Revenue that all taxes have been paid
A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051
V. DISCUSSION:
Staff recommends approval of the proposed Resolution accepting the work
performed by Big D's Construction of Tri-Cities, Inc. for the Construction of the
Road 36 Golf Course irrigation Line Extension Project.
Page 61 of 91
Resolution – Rd 36 Irrigation Line Ext. Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY BIG D’S CONSTRUCTION OF TRI-
CITIES, INC., UNDER CONTRACT FOR THE ROAD 36 IRRIGATION LINE
EXTENSION PROJECT.
WHEREAS, the work performed by Big D’s Construction of Tri-Cities, Inc., under
contract for Project No. 22421 has been examined by City of Pasco (City) Staff and been found to
be in apparent compliance with the applicable project specifications and drawings; and
WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with City Staff’s recommendation and thereby accepts the
work performed by Big D’s Construction of Tri-Cities, Inc., under contract for Project No. 22421
as being completed in apparent compliance with the project specifications and drawings.
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance.
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
Public Works Department staff and Finance Director.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 62 of 91
January 27, 2025
Pasco City Council
Workshop
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Acceptance of Construction –
Road 36 Irrigation Line Extension
Project # 22421
January 27, 2025
Pasco City Council
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Project # 22421
Contract awarded on January
2023, to Big D’s Construction
of Tri-Cities Inc. of Pasco WA
for $166,050.72
Road 36 Irrigation Line Extension
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AGENDA REPORT
FOR: City Council January 22, 2025
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 1/27/25
FROM: Jesse Rice, Director
Parks & Recreation
SUBJECT: Resolution - Lease Agreement with INATIA Foundation for Use of City
Facilities (5 minutes)
I. ATTACHMENT(S):
Resolution
Lease Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
This lease will bring in a variable amount of revenue throughout its term. Lease
rates have been determined based on prevailing market rate for Pasco, and the
lease also requires lessee to pay Leasehold Excise Tax.
Year Square Footage X
Annual Rate
Annual
Rate Monthly
Commencement Date - Feb.
03, 2025 142 sq. X $18 $2,556 $213.00
June 1, 2025 - May 31, 2026 142 sq. X $18.54 $2,632.68 $219.39
June 1, 2026 - May 31, 2027 142 sq. X $19.10 $2,712.20 $226.02
June 1, 2027 - May 31, 2028* 142 sq. X $19.67 $2,793.14 $232.76
June 1, 2028 - May 31, 2029* 142 sq. X $20.26 $2,876.92 $239.74
June 1, 2029 - May 31, 2030* 142 sq. X $20.87 $2,963.54 $246.96
IV. HISTORY AND FACTS BRIEF:
In 2019, the Group Health Foundation (GHF) approached the Pasco Economic
Development team about occupation of a downtown location to conduct its
Page 72 of 91
non-profit mission in the area. A property search was conducted and it was
found that the Pasco Downtown Post Office provided an optimal location for
GHF. An agreement for improvements and occupation was made and GHF
renovated their space within the post office to provided offices, ADA upgrades
to passageways and restrooms, and mitigation of asbestos, all long-term
improvements to this asset. The improvements provided totaled $75,000. As
negotiated, under the proposed agreement lease rates will be discounted on a
pro-rated basis for the lessee in order to provide a return on this capital
investment of a city-owned facility.
The lease agreement was approved by City Council in April 2022, and initial
term of the lease runs until May 31, 2027, with three (3) one-year options for
subsequent renewal provided adequate notice to the City is provided.
V. DISCUSSION:
Since the initial lease, the Group Health Foundation (GHF) has been renamed
INITIA Foundation. The INITIA Foundation has completed the required
improvements in the original lease and has requested to lease additional space
at the same facility to be used for storage purposes.
Staff worked with the City's Real Estate representative to to verify current
market rates for the request storage area to determined the Lease rate
structure and aligned the lease terms to the current lease expiration and
optional renewals.
Per RCW 35A.11.110 leases of city property must be approved through
resolution of the City Council. Staff recommends approval of the proposed
lease agreement.
Page 73 of 91
Resolution – Lease Arg for Storage at Post Office - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A 28-MONTH LEASE
AGREEMENT BETWEEN INATIA FOUNDATION AND THE CITY OF
PASCO FOR STORAGE SPACE AT 403 W. LEWIS ST, PASCO, WA.
WHEREAS, the City of Pasco (City) in 2021 entered into a Lease Agreement with Group
Health Foundation, now named INATIA Foundation, for Office Space at 403 W. Lewis, with the
first Lease term through May 31, 2027; and
WHEREAS, the INATIA Foundation has expressed need for additional operation storage
space and requested to lease additional space at the current location; and
WHEREAS, both the City and INATIA Foundation desire to enter this Lease Agreement
for storage space at the Premises; and
WHEREAS, this Lease Agreement will be co-termed with the current office space lease
to include both original termination date and any optional renewal terms for Premises; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the Lease
Agreement with INATIA Foundation at the Premises.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the lease
agreement between INATIA Foundation and the City of Pasco; a copy of which is attached hereto
and incorporated herein by reference as Exhibit A.
Be It Further Resolved, the City Manager of the City of Pasco, Washington is hereby
authorized, empowered, and directed to sign and execute said Lease agreement on behalf of the
City of Pasco; and to make minor substantive changes necessary to execute the Lease.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 74 of 91
Resolution – Lease Arg for Storage at Post Office - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 75 of 91
403 W Lewis St, Suite A – Lease Agreement
INATIA Foundation
Page 1 of 14
LEASE AGREEMENT
Pasco Post Office - 403 W. Lewis St., Suite A, Pasco, WA 99301
Interior basement Storage - INATIA Foundation
PARTIES. This Lease Agreement ("Lease") is made and entered into effective as of February 03,
2025 (the "Effective Date"), by and between the CITY OF PASCO, a municipal corporation
("City") and INATIA FOUNDATION, a Washington nonprofit corporation ("Lessee").
1. PREMISES. The City hereby leases to Lessee that certain premises located in the Pasco Post
Office (the "Building") located at 403 W. Lewis Street, Suite A, in the City of Pasco, County
of Franklin, State of Washington, as legally described on Exhibit A attached hereto. The leased
premises located on the basement floor, as depicted on Exhibit B attached hereto, consisting
of approximately 142 square feet, more or less (referred to as the "Premises"), together with
all improvements thereon and appurtenances thereto, including the nonexclusive right to use
the Common Areas of the Building in common with others. The term "Common Areas" means
all areas, facilities and building systems that are provided and designated from time to time by
the City for the general non-exclusive use and convenience of Lessee with other lessees and
which are not leased or held for the exclusive use of a particular lessee. The City grants to
Lessee 24-hour a day ingress and egress to and from the Premises to adjoining public streets
and the right to use in common with all other persons entitled to use the same all parking,
public entrances, lobbies, hallways, stairways, elevators and other Common Areas.
2. TERM. This Lease shall be in full force and effect upon delivery of the Premises from the City
to Lessee, in the Delivery Condition (as defined below) (the "Commencement Date"), which
Commencement Date is agreed to be February 03, 2025, through May 31, 2027, unless
terminated as provided herein (the "Original Term"). The Lessee shall have three (3) options
to renew for one (1) year each (each, a "Renewal Term") upon full & faithful performance of
terms & conditions of the Lease so long as Lessee provides the City written notice of its
exercise of such option not less than three (3) months prior to the expiration date of the Original
Term (or applicable Renewal Term). The terms and provisions for a Renewal Term shall be
identical with the Original Term, except as to the rent, described below. The Original Term and
each Renewal Term(s) are together known as the "Term".
3. RENT AND OTHER CHARGES. Rent shall be pro-rated for the first month should the Lease
commence on any other day than the first day of the month. Subsequent monthly rent payments
Page 76 of 91
403 W Lewis St, Suite A – Lease Agreement
INATIA Foundation
Page 2 of 14
shall be payable in advance, on or before the first day of each month of the Term. Rent shall
be payable to the City without demand and without deduction, setoff or counterclaim.
3.1. Rent. Base Rent rates will be in the amounts stipulated as set forth below. Lessee shall pay
a late service charge on all past due rent at the rate of five percent (5%) of the unpaid
amount, but in no event higher than the legal limit. Increase in rent percentages are as
shown below.
Year Square footage X Annual
Rate
Annual
Rate
Monthly
Rate
Commencement Date - Feb 03, 2025 142 sq. ft. X $18 $2,556 $213.00
June 1, 2025 - May 31, 2026 142 sq. ft. X $18.54 $2,632.68 $219.39
June 1, 2026 - May 31, 2027 142 sq. ft. X $19.10 $2,712.20 $226.02
June 1, 2027-May 31, 2028* 142 sq. ft. X $19.67 $2,793.14 $232.76
June 1, 2028 - May 31, 2029* 142 sq. ft. X $20.26 $2,876.92 $239.74
June 1,2029-May31, 2030* 142 sq. ft. X $20.87 $2,963.54 $246.96
* Indicates Renewal Term
3.2. Leasehold Excise Tax. In addition to the monthly rent amount, Lessee shall also pay
statutory Leasehold Excise Tax (currently 12.84%, or as otherwise increased/decreased by
statute, of each monthly rent payment), which Excise Tax shall be paid to the City in the
manner required in this Section 5 of this Lease by the first day of each month, upon Lessee's
receipt of a statement of such Excise Tax amount due from the City. Initial tax amount will
be determined by the City and shall increase as the base rent increases and/or as the
statutory percentage changes.
Year Base Rent
per month
Leasehold
tax
Total Monthly
Rent
Leasehold Excise Tax
Commencement Date - Feb 03,
2025
$213 X
12.84% $27.35 $240.35
June 1, 2025 - May 31, 2026 $219.39 $28.17 $247.56
June 1, 2026 - May 31, 2027 $226.02 $29.02 $255.04
June 1, 2027-May 31, 2028* $232.76 $29.89 $262.65
June 1, 2028 - May 31, 2029* $239.74 $30.78 $270.52
June 1,2029-May31, 2030* $246.96 $31.71 $278.67
* Indicates Renewal Term
Page 77 of 91
403 W Lewis St, Suite A – Lease Agreement
INATIA Foundation
Page 3 of 14
3.3. Security Deposit.
3.3.1. Upon execution of this Lease, Lessee shall deposit the sum equal to one (1) months'
rent with the City as a security deposit. This sum shall guarantee Lessee's
performance of its obligations hereunder. If Lessee fails to perform any of its
obligations hereunder, the City may apply the appropriate portion of the security
deposit to cure the default or to compensate the City for damage it has sustained as
a result of Lessee's default. In the event that the City deems it necessary to use
monies from the Security Deposit in order to secure Lessee's compliance with the
provisions of this lease, the City shall provide Lessee written notice of the City's
intent to apply monies from the deposit for such purpose.
3.3.2. If any portion of the deposit is so used, Lessee shall, within fifteen (15) days of
demand, deposit sufficient cash with the City to restore the security deposit to its
original amount.
3.3.3. If Lessee fully performs its obligations under this Lease, the security deposit or any
balance thereof shall be returned to the Lessee at the expiration of this Lease, or
after Lessee has vacated the Premises, whichever is later, provided that the City
may retain the security deposit until such time as any amount due from the Lessee
to the City has been paid in full.
4. USE OF PREMISES. The Premises shall be used by Lessee for storage uses and for no other
use or purpose without the City's prior written consent.
5. RESTRICTIONS ON USE. In connection with the use of the Premises, Lessee shall:
5.1. Refrain from any use that would be offensive to other lessees at the Premises or users of
neighboring premises or that would tend to create a nuisance or damage the reputation of
the Premises.
5.2. Not permit its customers or clients to cause litter, garbage or other refuse or debris to
accumulate on the Premises except in suitable garbage containers.
5.3. Lessee shall not erect signage without the City's prior written consent, not to be
unreasonably withheld, and as is consistent with Pasco Municipal Code Title 17.
6. CARE OF PREMISES. Lessee shall use ordinary care in its use of the Premises, and repair
any damage caused by its negligence, reasonable wear and tear excepted.
Page 78 of 91
403 W Lewis St, Suite A – Lease Agreement
INATIA Foundation
Page 4 of 14
7. THE CITY'S REPRESENTATIONS, WARRANTIES AND COVENANTS. the City
hereby represents and warrants to Lessee that it has the full right, power and authority to lease
the Premises to Lessee. The City represents and warrants to Lessee that the consent or approval
of any third party, including, without limitation, a lender, is not required with respect to the
execution of this Lease, or if any such third-party consent or approval is required, the City has
obtained any and all such consents or approvals. Except as specifically set forth herein, neither
the City nor its agents have made any representations with respect to the Premises. No rights,
easements, or licenses are acquired by Lessee by implication or otherwise except as expressly
set forth in the provisions of this Lease. The taking of possession of the leased property by the
Lessee shall be conclusive evidence that the Premises were in good condition at the time
possession was taken. LESSEE ACCEPTS THE PREMISES AS-IS, except that upon delivery
the Premises (including all access points to the Premises) will be in sound condition both
structurally and mechanically; water tight; with all systems and utilities in good working order
and stubbed to the Premises; free of materials harmful to persons or property (including toxic
molds, biotoxins, radon, asbestos and other Hazardous Materials regulated by law); broom
clean and free of all debris, furniture, fixtures, and equipment; and free of latent defects (the
"Delivery Condition").
8. QUIET ENJOYMENT. The City agrees that so long as Lessee observes and performs all of
the agreements and covenants required of it hereunder, Lessee shall peaceably and quietly
have, hold and enjoy the Premises for the Lease term without any encumbrance, interference
or hindrance by the City, its agents or employees.
9. UTILITIES, REPAIRS AND MAINTENANCE. The City shall provide, at its own expense,
all utilities serving the Premises, including electrical service, heating and cooling, water, sewer,
and gas. The City shall also maintain and repair the Premises, Building and Common Areas,
except for maintenance or repairs required as a result of Lessee's negligence. Lessee shall give
the City access to the Premises at all reasonable times upon not less than forty-eight (48) hours
advance notice (except in case of an emergency in which case no notice shall be necessary),
without charge or diminution of rent, to enable the City to examine the same and to make such
repairs, additions and alterations as the City may deem advisable or is required hereunder,
provided that the City shall use commercially reasonable efforts to minimize any interference
with Lessee's business, and following completion of the work, and shall return Lessee's
fixtures, property and equipment to the original locations and condition. Lessee shall have
access to the Premises and all parking 24-hours per day, 365 days per year.
10. TAXES. Lessee shall pay all taxes assessed against and levied upon Lessee's trade fixtures,
and all other personal property of Lessee contained in or around the Premises.
Page 79 of 91
403 W Lewis St, Suite A – Lease Agreement
INATIA Foundation
Page 5 of 14
11. INSURANCE AND INDEMNITY.
11.1. Workers' Compensation. The Lessee must maintain Workers' Compensation insurance in
compliance with all applicable statutes
11.2. General Liability. The Lessee must maintain insurance at least as broad as Insurance
Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual
liability. The City of Pasco shall be named as an additional insured on Lessee's Commercial
General Liability insurance policy using ISO Form CG 20 11, Additional Insured -
Managers or Lessors of Premises or a substitute endorsement providing at least as broad
coverage. Commercial General liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate.
11.3. Primary Insurance. The Lessee's Commercial General Liability insurance policy or policies
are to contain or be endorsed to contain that they shall be primary insurance as respect the
City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Lessee's insurance and shall not contribute with it.
11.4. Lessee Property Insurance. The Lessee must keep in force for the duration of the Lease a
policy covering damages to its property at the Premises including any improvements with
no coinsurance provisions. The amount of coverage shall be sufficient to replace the
damaged property, loss of use, and must comply with any ordinance or law requirements.
11.5. Hazardous Materials Coverage. Lessee must carry sufficient coverage, to the reasonable
satisfaction of the City, for damage caused by Hazardous Materials. Said coverage to be of
an amount and type consistent with industry standards and at a rate that is commercially
reasonable.
11.6. Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be
increased at the time of any Renewal Term to limits as reasonably specified by the City.
11.7. Additional Insured - Certificate of Insurance. The Lessee shall provide, prior to occupancy,
evidence of the required insurance in the form of a Certificate of Insurance issued by a
company (rated not less than A: VII or better according to Best's), licensed to do business
in the state of Washington, which includes all coverages required in this Section 11. Lessee
will list the City as an Additional Insured on the Commercial General Liability policy. The
Certificate(s) shall also provide the coverage may not be canceled, non-renewed, or
materially changed without thirty (30) days prior written notice to the City.
Page 80 of 91
403 W Lewis St, Suite A – Lease Agreement
INATIA Foundation
Page 6 of 14
11.8. State-required Insurances. Lessee shall carry insurance coverage that satisfies all
Washington State required insurances at the required limits and shall list the City as
Additional Insured on all such policies, as applicable.
11.9. Verification of Coverage. Lessee shall furnish the Lessor with original certificates and a
copy of the mandatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Lessee.
11.10. City's Insurance. The City shall maintain so called "all risk" property insurance on the
Building at one hundred percent (100%) of replacement cost, together with such other
insurance coverage as the City may elect to maintain.
11.11. Indemnity. Subject to Section 11.12 below, each party hereby agrees to indemnify, defend
and hold harmless the other party, its affiliates, and their respective directors, employees
and agents from and against any and all third party suits, claims, actions, demands,
liabilities, expenses and/or losses, including reasonable legal expenses and reasonable
attorneys' fees ("Losses") to the extent such Losses result from any of the following, but
except to the extent caused by the negligence or misconduct of the other party: (a) breach
of warranty by the indemnifying party contained in this Lease; (b) breach of this Lease by
the indemnifying party; or (c) negligence or willful misconduct of the indemnifying party,
or their respective directors, employees and agents in connection with this Lease.
11.12. Waiver of Subrogation. The City and Lessee hereby release the other from any and all
liability or responsibility to the other or anyone claiming through or under them by way of
subrogation or otherwise for any loss or damage to property caused by fire or any other
perils insured in policies of property insurance covering such property, even if such loss or
damage shall have been caused by the fault or negligence of the other party, or anyone for
whom such party may be responsible. All of Lessee's and The City's policies of property
insurance shall contain waiver of subrogation endorsements in favor of the other party and
copies of same shall be delivered upon request.
11.13. Duty to Maintain Insurance. Failure on the part of the Lessee to maintain the insurance as
required shall constitute a material breach of lease, upon which the City may, after giving
five business days' notice to the Lessee to correct the breach, terminate the Lease or, at its
discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand.
11.14. Full Availability of Limits. If the Lessee maintains higher insurance limits than the
minimums shown above, the City shall be insured for the full available limits of
Commercial General and Excess or Umbrella liability maintained by the Lessee,
irrespective of whether such limits maintained by the Lessee are greater than those required
Page 81 of 91
403 W Lewis St, Suite A – Lease Agreement
INATIA Foundation
Page 7 of 14
by this Lease or whether any certificate of insurance furnished to the City evidences limits
of liability lower than those maintained by the Lessee.
12. DAMAGE OR DESTRUCTION; CONDEMNATION. If the Premises are damaged or
destroyed in whole or in material part; or if the Premises or a substantial portion thereof are
taken by condemnation or under the power of eminent domain, the City or Lessee may, at its
option, elect to terminate this tenancy. If the Lease is not so terminated, the City shall promptly
make any and all necessary repairs.
13. SURRENDER AT EXPIRATION. Upon expiration of the Lease term or earlier termination
on account of default, Lessee shall surrender the Premises in good condition and repair,
reasonable wear and tear excepted, damage by the City, casualty and condemnation excepted.
14. DEFAULT. Lessee shall be in default of this Lease if it (a): fails to pay any sum, including
Base Rent, due under this Lease following five business (5) days' written notice from the City
of the failure to pay, or (b) fails to comply with any term or condition or fulfill any obligation
of the Lease and the failure continues for a period of 30 days after written notice by the City
to Lessee, provided, however, that if the nature of Lessee's obligation is such that more than
thirty (30) days are required for performance, then Lessee shall not be in default if Lessee
commences performance within such thirty (30) day period and thereafter diligently prosecutes
the same to completion. In the event of a default, this Lease may be terminated at the option
of the City by written notice to Lessee. Whether or not the Lease is terminated by the election
of the City or otherwise, the City shall be entitled to recover damages from Lessee and the City
may retake possession of the Premises and reserves any other remedy available to the City
under the applicable law; provided, however, that the City shall: (a) use good faith,
commercially reasonable efforts to mitigate its damages arising out of any Lessee default; (b)
not be entitled to accelerate the payment of Rent; (c) not be entitled to a "landlord's lien" against
any of Lessee's personal property or trade fixtures; and (d) not be entitled to dispossess Lessee
of the Premises pursuant to any "lock-out" or other non-judicial remedy. Under no
circumstances shall Lessee be required to waive any defenses, counterclaims or rights it may
have under applicable law to cure defaults or prevent Lease termination or eviction.
14.1. City's Default. Should the City default in the performance of any covenants and/or
conditions on the City 's part herein contained, and if such default is not cured within thirty
(30) days after written notice by the Lessee to the City thereof, except in case of an
emergency in which case no notice shall be necessary and no opportunity to cure shall
apply, or if such default cannot be cured within thirty (30) days, then if the City does not
notify Lessee of delay or does not commence within such thirty (30) days to cure said
default and cure the same with all reasonable dispatch, Lessee shall have the right to cure
said default for the account of the City, and the City shall upon demand, reimburse Lessee
for Lessee's costs and expenses incurred in connection therewith. Nothing contained in this
Page 82 of 91
403 W Lewis St, Suite A – Lease Agreement
INATIA Foundation
Page 8 of 14
Paragraph 14.1 shall be construed so as to abridge any rights otherwise available to Lessee
at law or in equity.
15. MISCELLANEOUS.
15.1. Environmental Compliance by Lessee. Lessee shall not cause or permit any Hazardous
Material to be brought upon, kept or used in or about the Premises. The City, to its
knowledge, as of the Effective Date hereby represents and warrants that (a) the Premises
and Building do not contain Hazardous Materials; (b) the Premises and Building have not
been used in violation of any environmental laws; and (c) the Premises and Building are in
compliance with environmental laws as of the Commencement Date. Lessee shall have no
responsibility for any Hazardous Materials that: (i) existed on the Premises before the
Commencement Date; or (ii) were caused by the City, its agents, employees, or contractors;
or (iii) that Lessee can demonstrate migrated onto the Premises from a source off-Premises
that was not caused by Lessee. As used herein, the term "Hazardous Material" means any
hazardous or toxic substance, material, or waste which is or becomes regulated by any local
governmental authority, the state of Washington or the United States government. The term
"Hazardous Material" includes, without limitation, any material or substance that is: (a)
defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous
waste," "hazardous substance," "hazardous material," or "waste" under any federal, state
or local law; (b) petroleum; and (c) asbestos. The provisions of this Section 15.1, including,
without limitation, the indemnification provisions set forth herein, shall survive any
termination of this Lease.
15.2. Non-waiver. Waiver by either party of strict performance of any provision of this Lease
shall not be a waiver of or prejudice to the party's right to require strict performance of the
same provision or of any other provision in the future.
15.3. Notices. Any notice will be deemed delivered: (a) when personally delivered; (b) when
delivered by facsimile or electronic mail transmission (in either case, with confirmation of
delivery); (c) on the day following delivery of the notice by reputable overnight courier; or
(d) on the day following delivery of the notice by mailing by certified or registered U.S.
mail, postage prepaid, return receipt requested; and in any case shall be sent to the
applicable party at its address as set forth in Section 16 below. Addresses for notices may
be changed from time to time by written notice to all other parties pursuant to this Section
15.3.
15.4. Time of Essence. Time is of the essence of the performance of each of the obligations under
this Lease.
15.5. Recording of Lease. This Lease need not be recorded.
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15.6. Rules and Regulations. Lessee shall observe reasonable Rules and Regulations established
and amended by the City for the Premises from time to time upon 30 days advance, written
notice from the City to Lessee so long as any such rules, amendments or supplements do
not adversely affect Lessee's use of the Premises or expenses incurred under this Lease.
Lessee shall have a reasonable opportunity to comment on proposed rules and regulations.
The Rules are in addition to and shall not be construed to modify or amend this Lease in
any way, and to the extent the Rules conflict with the Lease the terms of the Lease shall
control.
15.7. Assignment. Lessee shall not assign or transfer this Lease without the City's prior consent,
which consent shall not be unreasonably withheld, conditioned, or delayed.
Notwithstanding anything in this Section 15.7 to the contrary, Lessee may, without the
City's consent, but after providing written notice to the City, assign this Lease or sublet all
or any portion of the Premises to: (a) any Related Entity (as defined below); (b) to a person
or entity acquiring all or substantially all of Lessee's assets; (c) to a person or entity that
acquires by merger, consolidation, or otherwise all or substantially all of the ownership
interests in and control of Lessee. "Related Entity" means any parent company, subsidiary,
affiliate or related corporate entity of Lessee that controls, is controlled by, or is under
common control with Lessee.
15.8. Alterations, Improvements and Additions. Lessee shall make no alterations, improvements
or additions to the Premises without the City's prior consent. The City may not withhold or
condition its consent unless the making or installation of the improvements or alterations
(a) adversely affects the Building structure, (b) adversely affects the Building systems, (c)
do not comply with applicable laws, (d) affect the exterior appearance of the Building, or
(e) a Design Problem.
15.9. Public Requirements. Lessee shall comply with all laws, orders, ordinances, and other
public requirements now or hereafter affecting the premises or the use thereof and save
City harmless from expense or damage resulting from failure to do so. The leased premises
are not exempted from compliance with zoning or any other municipal codes or ordinances
nor from any other requirements of law due to title being in the name of the City.
15.10. Responsible Party. Following is the name and phone number of Lessee's representative
which may be contacted in an emergency: Brandy Dukes, Vice President of Operation,
(630) 920-4780.
15.11. Lessee to Supply Information. The Lessee shall, whenever requested by the City to do so,
furnish to the City full and correct contact information for staff members working at the
Premises, as may be requested by the City.
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15.12. Parking. Lessee, its employees, agents, contractors, and invitees, shall have the use in
common with other lessees of the Building of the parking lot on the Property at no
additional cost. As of the signing of this lease there are four (4) unreserved parking stalls
available for Building lessees.
15.13. Dispute Resolution. In the event of a dispute regarding the terms, interpretation or breach
of this Agreement, the parties shall first meet in a good faith to resolve the dispute. In the
event the dispute cannot be resolved by agreement of the parties either with or without the
assistance of mediation, said despite shall be resolved by arbitration pursuant to RCW
7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo,
with venue being placed in Pasco, Franklin, County, Washington. The substantially
prevailing party shall be entitled to its reasonable attorney fees and costs as additional
award and judgement against the other.
15.14. Discrimination. Lessee shall not discriminate against any anyone because of sex, age, race,
color, creed, national origin, marital status or the presence of any disability, including
sensory, mental or physical handicap.
15.15. Lessee’s Property. The City agrees that all furnishings, furniture, fixtures, equipment,
inventory, merchandise, goods, chattels, trade fixtures, signage, appliances and other
personal property of Lessee at any time located on the Premises, (collectively, "Lessee's
Property"), shall be and at all times remain the sole and absolute property of Lessee,
regardless of whether the same (x) is affixed to the Premises, or (y) may now or hereafter
be regarded as a fixture or as property of the City by operation of law or otherwise. Lessee
shall have the right at any time and from time to time during the Term to remove any
Lessee's Property from the Premises; provided, however, that Lessee shall repair all
damage caused by such removal of Lessee’s Property.
15.16. Successors. Subject to Section 15.7, this Lease shall bind and inure to the benefit of the
parties, their respective heirs, successors, and permitted assigns.
15.17. Time of the Essence. Time is of the essence of each and every provision hereof. If the final
date of any period of time set forth herein occurs on a Saturday, Sunday or legal holiday,
then in such event, the expiration of such period of time shall be postponed to the next day
which is not a Saturday, Sunday or legal holiday.
15.18. Force Majeure. Except for the Commencement Date, the City and Lessee shall be excused
for the period of delay in the performance of any of their obligations hereunder, and shall
not be considered in default, and all time periods permitted hereunder for the performance
of any such term, covenant, or condition shall be tolled on a day-for-day basis upon written
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notice from either party to the other of such party's inability to perform or satisfy any such
term, covenant, or condition of this Lease due to a Force Majeure. For purposes hereof,
"Force Majeure" means strikes, lockouts, labor disputes, shortages of labor, fire or other
casualty, Acts of God, or any other cause beyond the reasonable control of a party,
including, but not limited to, events of nature (including snow or ice storm, tornadoes,
windstorms, flooding and severe weather), civil disturbances, interruptions by government
or court order, valid orders of any regulatory body having proper jurisdiction, pandemics
and epidemics, wars, riots, inability to secure materials (including inability to secure
materials by reason of allocations promulgated by authorized governmental agencies but
not including any such inability to obtain materials due to cost), and inability to obtain
permits due to any of the foregoing.
15.19. Counterparts. This Lease may be executed in counterparts all of which taken together shall
be deemed one original when executed by both parties. Furthermore, the parties agree that
(i) this Lease may be transmitted between them by electronic mail and (ii) electronic
signatures (including electronic copies of manual signatures) shall have the effect of
original signatures relative to this Lease.
16. NOTICES. Notice provided for in this Agreement shall be sent by:
16.1. Personal Service upon the contacts in 16.2
16.2. The contacts for the purpose of this Agreement Shall be:
16.2.1. For the City: Jesse Rice
Parks & Recreation Director
525 N 3rd Ave
Pasco, WA 99301
ricej@pasco-wa.gov
16.2.2. For the Lessee: Brandy Dukes
Vice President of Operations
801 Third Ave, Suite 220
Seattle, WA 98104
17. Entire Agreement. This Lease and the covenants and agreements set forth herein are and shall
constitute the entire agreement between the parties. None of these terms, covenants, and
agreements of this Lease shall in any manner be altered, waived or changed, except by written
instrument signed and delivered by the parties hereto.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Lessee respectively.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY OF PASCO, WASHINGTON LESSEE – INATAI FOUNDATION
City Manager Brandy Dukes, Vice President of Operations
STATE OF WASHINGTON )
:ss
County of Franklin )
On this day personally appeared before me __________________, City Manager for 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 ____________, 2025.
seal
_______________________________________
Notary Public in and for the State of Washington
Residing at ______________________________
My Commission Expires____________________
STATE OF WASHINGTON )
:ss
County of Franklin )
On this day personally appeared before me Brandy Dukes, Vice President of Operations for the INATAI
Foundation, 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 ____________, 2025.
seal
_______________________________________
Notary Public in and for the State of Washington
Residing at ______________________________
My Commission Expires___________________
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EXHIBIT A
Legal Description
Legal description for property at the address of 403 W Lewis St, Pasco WA as follows:
That part of School Block Addition to the City of Pasco, Washington, described as lots Numbers
One(1), Two(2), Three(3) and Four (4) and that part of Lot Number Five (5) in said School Block
Addition described as follows beginning at the southeasterly corner of said lot Five as the point of
beginning; thence southwesterly along the South line of said lot, a distance of twenty (20) feet;
thence in a northeasterly direction, parallel with the West line of said lot a distance of one hundred
and forty (140) feet to the alley in said block, thence along the North line of said lot Five, a
distance of twenty (20) feet to the northeasterly corner of said lot, thence, in a southeasterly
direction, along East line of said lot, a distance of one hundred and forth (140) feet, to the point of
the beginning; all according to the plat of said School Block Addition on file in the office of the
County Auditor of all according to the plat of said School Block Addition on file in the office of
the County Auditor of Franklin County, Washington and recorded in Book No. 23, at Page 135 of
Deed Records said lots of parcels of land lying and being in Section Twenty-nine (29), Township
Nine (9) North of Range thirty (30) East of the Willamette Meridian.
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EXHIBIT B
Premises
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Promote a high-quality of life through quality programs, services and
appropriate investment and re- investment in community
infrastructure.
City Council Goals
QUALITY OF LIFE
2024-2025
Enhance the long-term viability, value, and service levels of services
and programs.
FINANCIAL SUSTAINABILITY
Promote a highly functional multi-modal transportation system.
COMMUNITY TRANSPORTATION NETWORK
Implement targeted strategies to reduce crime through strategic
investments in infrastructure, staffing, and equipment.
COMMUNITY SAFETY
Promote and encourage economic vitality.
ECONOMIC VITALITY
Identify opportunities to enhance City of Pasco identity, cohesion,
and image.
CITY IDENTITY
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METAS DEL CONCEJO MUNICIPAL
2024-2025
Promover una alta calidad de vida a través de programas, servicios
y inversion apropiada y reinversión en la comunidad infraestructura
comunitaria.
CALIDAD DE VIDA
Promover viabilidad financiera a largo plazo, valor, y niveles de
calidad de los servicios y programas.
SOSTENIBIILIDAD FINANCIERA
Promover un sistema de transporte multimodal altamente funcional.
RED DE TRANSPORTE DE LA COMUNIDAD
Implementar estrategias específicas para reducir la delincuencia por
medios de inversiones estratégicas en infraestructura, personal y equipo.
SEGURIDAD DE NUESTRA COMUNIDAD
Promover y fomentar vitalidad económica.
VITALIDAD ECONOMICA
Identificar oportunidades para mejorar la identidad comunitaria, la
cohesión, y la imagen.
IDENTIDAD COMUNITARIA
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