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HomeMy WebLinkAbout2026.09.08 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Tuesday, September 8, 2026 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 meeting. To listen to the meeting via phone, call 1-332-249-0718 and use access code 898824246# City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum at streamed and Richland and Pasco in Cable www.pasco-wa.gov/psctvliveand on the City’s Facebook page at www.facebook.com/cityofPasco. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intéprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos dias antes para garantizar la disponiblidad. request. upon provided (Spanish may service interpreter language be Please provide two business day's notice to the City Clerk to ensure availability.) 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion these items. If further discussion is desired by of Councilmembers, the item may be removed from the Consent Agenda to the Page 1 of 245 Regular Agenda and considered separately. 6 - 18 (a) Approval of Meeting Minutes for August 17th and August 24th To approve the minutes of the Pasco City Council Regular Meeting held on August 17, 2026, and Pasco City Council Workshop Meeting held on August 24, 2026. 19 - 20 (b) Bills and Communications - Approving Claims in the Total Amount of $9,764962.25 $9,764,962.25 of amount total claims in approve To the ($3,514,534.33 in Check Nos.280130 - 280567; $3,494,591.48 in Electronic Transfer Nos. 854124 - 854133, 854137 - 854138, 854140 - 854339, 854343, 854347 - 854351; $31,192.92 in Check Nos. 55466 - 55513; $2,724,643.52 in Electronic Transfer Nos. 30247091 - 30248647). 21 - 24 (c) Ordinance No. 4853 – Amending the 2025–2026 Biennial Operating Budget for Park Security Enhancements To adopt Ordinance No. 4853, amending the 2025-2026 Biennial Budget (Ordinance No. 4749) by providing supplement thereto; to provide additional appropriation for implementation of park security enhancements and, further, authorize publication by summary only. 25 - 57 (d) Ordinance No. 4854 - Approving Lightspeed Networks, Inc. Franchise Renewal To adopt Ordinance No. 4854, approving a Non-Exclusive Franchise to construct, install, operate, maintain, repair, or remove fiber optic cables within the public ways of the City of Pasco and, further, authorize publication by summary only. 58 - 67 (e) Resolution No. 4778 - Accepting Work Performed by Clearwater Construction the for Contract LLC., Management, & Under Wastewater Treatment Plant Phase 1 Project. To approve Resolution No. 4778, accepting Work Performed by Clearwater Construction & Management, LLC., Under Contract for the Wastewater Treatment Plant Phase 1 Project. 68 - 78 (f) Resolution No. 4779 - Accepting Work Performed by Tapani, Inc, Under Contract for the Process Water Reuse Facility, Phase 2 - Winter Storage To approve Resolution No. 4779, accepting Work Performed by Tapani, Inc, Under Contract for the Process Water Reuse Facility, Phase 2 - Winter Storage Project. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS Page 2 of 245 79 - 81 (a) Attendance Awareness Month Proclamation Mayor Grimm will read the Proclamation for "Attendance Awareness Month" scheduled for September 2026 and present the Proclamation to Dr. LoAnn Ayers, CEO of United Way of Benton and Franklin Counties. 82 - 84 (b) Suicide Prevention Month Proclamation Mayor Grimm will read the Proclamation for "Suicide Prevention Month" scheduled for September 2026 and present the Proclamation to Chris Jensen of Benton Franklin Suicide Prevention Coalition. 85 - 87 (c) 25th Anniversary of September 11, 2001 Proclamation Mayor Grimm to present the proclamation commemorating the 25th anniversary of September 11, 2001. 6. PUBLIC COMMENTS - The public may address Council on any items unless it relates to a scheduled Public Hearing. This item is provided to allow the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize for information written comments and/or their submit consideration by the Council outside of formal meetings. Lastly, when called upon, county the into residency or city and name your state please microphone before providing your comments. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 88 - 94 (a) Public Hearing - Ordinance No. 4850, Imposing a Six-Month Moratorium on Licenses and Permits related to New Data Centers, Cryptocurrency Mining Facilities, Blockchain Computing Facilities and Artificial Intelligence Computing Facilities on CONDUCT PUBLIC HEARING No specific Council decision or action is being requested. In Page 3 of 245 accordance with RCW 36.70A.390, the City must conduct a public hearing in regard to Ordinance No. 4850, adopted on July 20, 2026, which imposed a six-month moratorium on the acceptance and processing of business licenses and/or development permit applications related to new data centers, cryptocurrency mining artificial facilities, intelligence blockchain facilities, computing computing facilities, and other high-density computing facilities. 95 - 100 (b) Public Hearing - Amending Pasco Municipal Code 25.10.025 "Cannabis Retail Facilities" CONDUCT PUBLIC HEARING 101 - 108 (c) Public Hearing - Targeted Urban Area (TUA) Tax Exemption Program CONDUCT PUBLIC HEARING 109 - 151 (d) Public Hearing & Ordinance No. 4855 - Portion of Road 108 ROW Vacation (VAC2026-002) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4855, vacating a portion of the Road 108 public right-of-way dedicated under Auditor's File Nos. 1918957 and 1956207, and authorize publication by summary only. 152 - 165 (e) Public Hearing and Resolution No. 4780 - 2027-2032 Transportation Improvement Program Revision CONDUCT A PUBLIC HEARING MOTION: I move to approve Resolution No. 4780, revising the 2027- 2032 Six-Year Transportation Improvement Program for the City of Pasco for the purpose of guiding the development, design, and construction of local and regional transportation improvements, and further, authorize publication by summary only. 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 166 - 215 (a) Resolution No. 4781 and Ordinance No. 4856 - Broadmoor TIF AREA - PSA with APEX for Engineering Services and Adjusting Capital Budget MOTION: I move to approve Resolution No. 4781, authorizing the City Manager to sign and execute professional services agreement with APEX Companies, LLC (APEX) for the design services for Road 103 north of Sandifur Pkwy, Road 105 north of Sandifur Pkwy, Buckingham Drive between Broadmoor Blvd to Road 105. Page 4 of 245 MOTION: I move to approve Ordinance No. 4856, Amending the 2025-2026 Biennial Capital Projects Budget (Ordinance No. 4750), by Providing Supplement Thereto; to Provide Additional Appropriation in the City's Broadmoor Tax Increment Financing Program. 216 - 221 (b) Resolution No. 4782 - General Petty Cash Fund Increase MOTION: I move to approve Resolution No. 4782, amending Section 3 of Resolution No. 676 , as previously amended by Resolution No. 3839, to increase the maximum amount of the City's General Petty Cash Fund from $7,500 to $10,000. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 222 - 229 (a) Pasco Softball Complex & HAPO Center Discussion 12. MISCELLANEOUS DISCUSSION 230 - 243 (a) City Manager Report 13. EXECUTIVE SESSION 14. ADJOURNMENT 15. ADDITIONAL NOTES 244 - 245 (a) Adopted Council Goals (Reference Only) Page 5 of 245 AGENDA REPORT FOR: City Council August 31, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Gabriela Sanchez, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for August 17th and August 24th I. ATTACHMENT(S): August 17, 2026 Regular Meeting Minutes August 24, 2026 Workshop Meeting Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting held on August 17, 2026, and Pasco City Council Workshop Meeting held on August 24, 2026. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 245 MINUTES City Council Regular Meeting 7:00 PM - Monday, August 17, 2026 Pasco City Hall, Council Chambers & Microsoft Teams Webinar MEETING INSTRUCTIONS FOR REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so (City’s the via website online the out filling by form 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 meeting. To listen to the meeting via phone, call 1-332-249-0718 and use access code 192758662# City Council meetings are broadcast live on PSC-TV Channel 191 on streamed at and and Pasco in Charter/Spectrum Cable Richland www.pasco- wa.gov/psctvliveand on the City’s Facebook page at www.facebook.com/cityofPasco. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intéprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal antes para dos la disponiblidad. (Spanish language dias garantizar interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) CALL TO ORDER The meeting was called to order at 7:00 PM by Charles Grimm, Mayor. ROLL CALL Councilmembers present: Abel Campos, Joe Cotta, Mark Figueroa, Calixto Hernandez, Leo Perales, David Milne, and Charles Grimm Councilmembers attending remotely: Councilmembers absent: Staff present: Harold Stewart, City Manager; Richa Sigdel, Deputy City Manager; Page 1 of 7Page 7 of 245 Angela Pashon, Interim Parks & Recreation Director; Kevin Crowley, Fire Chief; Kevin Hebdon, Finance Director; Daniel Kenny, City Attorney; Craig Raymond, Deputy Community & Economic Development Director; Brent Cook, Police Chief; Maria Serra, Public Works Director; and Gabriela Sanchez, City Clerk The meeting was opened with the Pledge of Allegiance. Pledge of Allegiance CONSENT AGENDA Approval of Meeting Minutes for July 27th, August 3rd, and August 10th Bills Amount Total the in of Approving - Communications and Claims $5,745,796.33 Franklin County Mosquito Control District Board of Trustees Appointment of Mark Willer Resolution 4774 – Adopting the City of Pasco Affordable Housing Policies and Procedures Manual for HB 1406 Funds Resolution 4775 - Updated Tri-Cities HOME Consortium Citizen Participation Plan (RC) MOTION: I move to approve the Consent Agenda as read. PROCLAMATIONS AND ACKNOWLEDGEMENTS PUBLIC COMMENTS Mary Mahoney submitted an amendment to her prior comments and public records provided previously were stated referencing documents requests, to she Councilmember Leo Perales, including materials concerning a WSU contract and alleged due process violations. Ms. Mahoney raised concerns regarding Tri-Cities Animal Services/Animal Control and the estimated number of homeless cats in the Tri-Cities. She requested information regarding the City’s plans to address the issue, including the number of cats spayed/neutered, euthanized, and adopted in 2026; any trap-neuter-return (TNR) programs; the number of cats and dogs sent to Washington State University (WSU) for research and any associated payments; and the number of low-cost spay/neuter procedures performed in 2026. Ms. Mahoney also requested a comparison of taxpayer expenditures for the Pasco Aquatic Center and a potential low-cost spay/neuter clinic, including costs associated with phases two and three of the Aquatic Center project. She requested records concerning payments to former Mayor Matt Watkins, Watkins Endeavor LLC, and City Attorney Lee Kerr, as well as additional information regarding related expenses. Ms. Mahoney stated that her Page 2 of 7Page 8 of 245 requests were being made pursuant to the Washington Public Records Act, RCW 42.56, and were intended to place the City on notice of her requests. Robert Hoffman, discussed the history and debate surrounding riverboat casinos in Mississippi and other states, drawing comparisons to the current discussion regarding casinos in Pasco. He expressed his opposition to large-scale gambling within Pasco and stated his belief that inland gambling would not be beneficial to the community. David Pium addressed the Council for the first time and expressed concerns about marijuana use in public areas throughout Pasco and the potential for additional cannabis retail establishments. He stated that he believes increased availability of marijuana negatively affects families and children and urged the Council not to approve additional cannabis businesses. Mr. Pium also spoke in opposition to the potential sale or redevelopment of City property for a casino. He expressed concerns that a casino could contribute to increased drug activity, prostitution, homelessness, and other negative impacts on the community. He encouraged the City to retain ownership of the property and consider alternative uses, including community venues and events. He emphasized his desire to maintain Pasco as a safe community in which to raise children and asked Councilmembers to oppose additional cannabis businesses and a casino. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Councilmember Cotta reported attending the grand opening of the Columbia Basin Health Association clinic. He highlighted the new facility's capacity to serve community members and its goal of providing a variety of healthcare services to meet local needs. He noted the clinic's proximity to agriculture fields would allow it to better serve agricultural workers and expressed his support for the clinic's success and its contribution to the Pasco medical community. Councilmember Figueroa reported attending the third annual Back-to-School Teacher Appreciation Event hosted by Restore City Church, alongside Councilmember Campos. He noted the opportunity to share words of appreciation with local educators preparing for the upcoming school year. He also highlighted the atmosphere, positive event's the participation vendors local of and emphasizing community support for educators and local businesses. Councilmember Perales reported attending the Association of Washington Cities (AWC) legislative priorities webinar. He noted the value of hearing perspectives from cities across the state and learning about AWC's priorities for the upcoming legislative session. He emphasized the importance of communicating with state legislator's early to advocate for the City's priorities, particularly in anticipation of a challenging budget season. He stated that he would review his notes and share Page 3 of 7Page 9 of 245 additional information with the Council. Mayor Grimm expressed appreciation for the Columbia Basin Health Association (CBHA) clinic grand opening, noting the facility as a significant benefit to the community and particularly to residents in West Pasco who have healthcare needs. Mayor Grimm also reported participating with Director Serra in a virtual meeting with the Benton-Franklin Council of Governments (BFCOG) to advocate for regional transportation priorities and specific needs in Pasco. Mayor Grimm commended the collaboration and noted that Pasco was well represented during the meeting. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing to Consider Lightspeed Networks Inc. Franchise Renewal Deputy Public Works (PW) Director presented the proposed renewal of the telecommunications franchise agreement with Lightseed Networks. She explained that telecommunications franchises are governed by federal, state, and local regulations, which establish requirements for providing telecommunications services and regulate the placement of facilities within public rights-of-way. Lightseed Networks, a fiber telecommunications provider serving customers in Washington and Oregon, has operated in the area since at least 2012. Deputy PW Director reviewed the company’s existing network, including aerial and underground facilities, and noted that Lightseed currently has no plans for expansion. Any future expansion would be subject to the franchise agreement’s permitting requirements and applicable fees. She concluded by inviting Council to conduct the required public hearing. CONDUCT PUBLIC HEARING Mayor Grimm called for public comment three (3) times and no on came forward to speak ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance 4852 - Amending PMC 10.70.080 Parking Prohibited Director Serra presented the proposed ordinance regarding parking restrictions on 27th Avenue between Sylvester and Urban Street. She noted that the item had been City's the that and workshop discussed previous the during Council Engineering Manager had provided an analysis of the area. Staff recommended prohibiting parking on both sides of the block to improve roadway safety, maintain adequate travel space, and facilitate turning movements and ingress/egress for businesses in the area. Page 4 of 7Page 10 of 245 MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales MOTION: "I move to adopt Ordinance No. 4852, anordinanceofthecityofPasco, Washington,amendingPascoMunicipalCode section 10.70.080 “Schedule III – Parking Prohibited at all Times on Certain Streets,” to establish new parking prohibited area on N 27th Ave south of W Sylvester St, and, further, authorize publication by summary only." RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos Resolution 4776 - Adoption of Water Use Efficiency Program Goals Deputy PW Director, presented the proposed Water Use Efficiency goals, which were developed as part of the City’s water system planning process and are required under Washington State law. Staff reviewed the information previously presented to Council in March 2026 and noted that Council feedback was incorporated into the updated measures and goals. A public forum was held June 30, 2026, to receive additional community input. The proposed goals include reducing average water demand per equivalent residential unit, a measurement used to compare water use across residential and nonresidential customers, and maintaining distribution system water loss at 10% or less annually. Staff noted that the goals are applicable to all users of the City’s water system. Staff requested Council adoption of the updated goals. Future work will include annual water use efficiency performance reports submitted to the Department of Health, with the goals to be reviewed and updated every 10 years as part of the City’s water system plan updates. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales MOTION: I move to approve Resolution No. 4776, establishing Water Use Goals. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos Cannabis – Resolution Setting a Public Hearing to Consider an Amendment to PMC 25.10.025 Deputy City Manager presented an item to schedule a public hearing for September 8, 2026 at 7:00 p.m. The hearing will be held in the Council Page 5 of 7Page 11 of 245 Chambers, with an option for the public to participate online. The requested Council action was to set the public hearing date and time. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Figueroa MOTION: I move to approve Resolution No. 4777 setting 7:00 p.m. on Tuesday, September 8, 2026, as the time and date for an open record public hearing to consider an amendment to Pasco Municipal Code increasing the cannabis retail license density limit from four (4) to five (5) licenses, and increasing the number of licenses authorized through the State's Social Equity in Cannabis Program from one (1) to two (2). RESULT: Motion carried 6-0 AYES: Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos ABSTAIN: Mayor Grimm UNFINISHED BUSINESS NEW BUSINESS MISCELLANEOUS DISCUSSION City Manager Report City Manager Stewart provided several updates. He congratulated Richa on her Board Association Management City to the of election recent Washington Directors and noted that she will represent the City of Pasco while supporting the advancement of city management statewide. Mr. Stewart also recognized his one- year anniversary with the City of Pasco and expressed his appreciation for the community, staff, and connections made during his first year. He invited Council to attend the upcoming employee appreciation picnic, where four Employees of the Year and the first Project of the Year team will be recognized. He also reminded Council of the upcoming retreat at Columbia Basin College, where staff will provide information and receive Council’s priorities to help guide development of the next two-year budget. EXECUTIVE SESSION a) Discussion with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) b) To review the performance of a public employee per RCW 42.30.110.(1)(g) Page 6 of 7Page 12 of 245 Council adjourned into Executive Session at 7:39 PM for 30 minutes returning at 8:09 PM to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, Fire Chief, and City Attorney and to review the performance of a public employee per RCW 42.30.110(1)(g) with the City Attorney. At 8:07 PM, Fire Chief exited Executive Session. AT 8:19 PM, City Manager and Deputy City Manager exited Executive Session. At 8:30 PM Mayor Grimm announced that the Executive Session would continue for another 10 minutes or until 8:40 PM. At 8:40 PM Mayor Grimm announced that the Executive Session would continue for another 10 minutes or until 8:50 PM. At 8:50 PM Mayor Grimm announced that the Executive Session would continue for another 10 minutes or until 9:00 PM. At 9:01 PM Mayor Grimm announced that the Executive Session would continue for another 5 minutes or until 9:06 PM. Mayor Grimm called the meeting back to order at 9:06 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:06 PM. PASSED and APPROVED on _______________________. ADDITIONAL NOTES Adopted Council Goals (Reference Only) APPROVED: ATTEST: David Milne, Mayor Kystle Shanks, City Clerk Page 7 of 7Page 13 of 245 MINUTES City Council Workshop Meeting 7:00 PM - Monday, August 24, 2026 Pasco City Hall, Council Chambers & Microsoft Teams Webinar MEETING INSTRUCTIONS FOR REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so (website the via City’s online the out filling by form 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 atstreamed and Richland Cable Pasco in and 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 519260441# Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intéprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dias antes para la disponiblidad. (Spanish language dos garantizar interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) CALL TO ORDER The meeting was called to order at 7:00 PM by Charles Grimm, Mayor. ROLL CALL Councilmembers present: Abel Campos, Joe Cotta, Mark Figueroa, Calixto Hernandez, Leo Perales, David Milne, Charles Grimm. Councilmembers attending remotely: Councilmembers absent: Staff present: Harold Stewart, City Manager; Richa Sigdel, Deputy City Manager; Page 1 of 5Page 14 of 245 Angela Pashon, Interim Parks & Recreation Director; Kevin Crowley, Fire Chief; Daniel Kenny, City Attorney; Craig Raymond, Deputy Community & Economic Development Director; Sara Matzen, Human Resources Director; Jeff Harpster, Police Captain; Mary Heather, Deputy Public Works Director; and Gabriela Sanchez, City Clerk The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Councilmember Cotta reported on the employee appreciation barbecue, noting that it provided an opportunity for Council and City staff to interact and build relationships in a more informal setting. He shared that members of the maintenance staff expressed positive feedback regarding City leadership and a general sense that the City was moving in a positive direction. He also reported on the Council retreat, which focused on budget development, including the need to identify reductions and strategies to maintain a balanced City budget. He noted that the retreat provided a productive opportunity for Council and staff to spend time together and discuss these issues. Councilmember Figueroa echoed the positive feedback regarding the employee appreciation barbecue, noting that it provided an opportunity to recognize City staff, particularly those whose work often occurs behind the scenes. He highlighted the event’s informal atmosphere, food, and activities as a positive way to show appreciation to employees. He also spoke positively about the Council retreat, noting the value of learning more about fellow Council members and discussing priorities ahead expressed Figueroa Councilmember discussions. budget upcoming of appreciation to City Manager Stewart for the book provided to Council and shared that he found its lessons applicable both to City leadership and his personal coaching activities. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT Health Insurance interfund loan update HR Manager Matzen provided a six-month update on the City’s employee medical insurance plan and the changes implemented for 2026. She noted that Council previously the stabilize to loan $6.5 million medical a approved interfund insurance fund. The City also increased premiums, changed the provider/network from First Choice Health to Premera and the Blue Cross Blue Shield network, implemented prior authorization requirements for certain high-cost services and medications, and conducted an eligibility audit. Through June 30, 2026, medical and prescription costs totaled approximately $5 million, about $811,000 below the $5.8 million planned for the first six months. She emphasized that this does not represent an available surplus, as funding is also needed to rebuild reserves and repay the interfund loan. Claims per employee decreased from approximately $1,866 per month in 2025 to $1,487 per month in 2026. She noted that medical Page 2 of 5Page 15 of 245 and prescription costs were approximately 86% of the amount budgeted for the first six months, while dental costs were approximately 98%. Five plan participants had individual medical or prescription claims exceeding $100,000, accounting for approximately 25% of total medical costs. The City’s stop-loss insurance had identified approximately $343,700 in reimbursements through June. She characterized the results as an encouraging early trend rather than a final year-end position, noting that claims can fluctuate significantly throughout the year. Looking ahead to 2027, the City expects to budget additional funding for medical, costs, healthcare rising to dental coverage and prescription, due maintaining adequate reserves, and continued repayment of the interfund loan. Staff and will continue monitoring claims, reimbursements, reserves, loan repayment and will reconcile the report with Finance’s final accounting records. Mayor called for public comment three (3) times and no one came forward to speak. Presentation - Pasco Aquatic Center Operations Update Interim Parks and Recreation Director Pashon, provided a seven-week operational update on the Pasco Aquatic Center (PAC), which opened to the public on June 27, 2026. She explained that the Pasco Public Facilities District funded and constructed the facility following voter approval of a 0.2% sales tax increase in 2022, while the City is responsible for day to day operations under an interlocal agreement. Aquatics Manager Tuck, reported approximately 45,000 visits since opening, with attendance split roughly evenly between residents and nonresidents. Facility capacity was initially limited to 300 people and gradually increased to 450 as staff gained operational experience, with safety remaining the primary consideration. The phased approach also resulted in positive customer feedback regarding reduced crowding. He discussed initial challenges with reservation software and high call volume, including more than 100 voicemails per day. The City worked with the software provider, implemented reservation and callback procedures, and increased public outreach through digital media to improve communication and customer access. Safety and emergency preparedness were emphasized. He reported regular in- service and mock rescue drills, ongoing staff training, and a focus on maintaining lifeguard readiness. He also addressed incidents at the drop-slide and lazy river areas and noted that adjustments to the lazy river flow and speed have reduced first-aid incidents. The Aquatic Center began with approximately 180 employees hired, with about 150 remaining active. Aquatics Manager tuck, highlighted extensive ongoing and meetings, team shadowing shifts, training, regular communication among lifeguards, instructors, cashiers, and management. He also engagement, reported significant community outreach and marketing including more than 5,000 Facebook followers, approximately 1,000 Instagram followers, and more than 100,000 website visits. The facility was described as providing strong recreational and community benefits, creating local employment Page 3 of 5Page 16 of 245 opportunities and developing workforce skills among youth. Looking ahead, staff plans to expand programming for youth, adults, and seniors during the fall, winter, and spring months and continue outreach efforts to promote the staff Overall, community. to the equitable provide and facility access as strong citing successful, weeks facility’s first the characterized seven attendance, safe operations, community engagement, and positive customer experiences. Mayor Grimm called for public comment three (3) times and no one came forward to speak. MISCELLANEOUS COUNCIL DISCUSSION Councilmember Perales raised concerns regarding commercial code enforcement, particularly in the Road 68 area. He reported receiving complaints from residents about property maintenance issues, including dead grass, overgrown weeds, and other conditions that negatively affect the appearance and quality of life in the area. Councilmember Perales suggested that the City consider a more proactive approach to on He complaints. resident primarily than rather enforcement code relying requested a future update from the City’s code enforcement officers regarding current enforcement activities and staffing, particularly as the City enters the upcoming budget including property issues, life of identified also He process. quality maintenance and basketball courts located in the roadway, as potential priorities for future discussion and consideration. City Manager Stewart stated that staff would provide Council with statistics regarding code enforcement activities. He also noted that staff is preparing to discuss the potential addition of two permanent code enforcement positions as part of the upcoming announced Police a also Department Mr. process. budget Stewart community meeting for District 1 scheduled for the following evening at 6:00 p.m. at Vita Cafe on A Street. The meeting will be conducted primarily in Spanish and will provide an opportunity for residents to learn about community matters and connect with local police officers. EXECUTIVE SESSION (10 MIN) a) Discussion with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) b) To consider the minimum offering price for sale or lease of real estate if there's a likelihood that disclosure would decrease the price per RCW 42.30.110(1)(c) Council adjourned into Executive Session at 7:42 PM for 30 minutes returning at 8:11 PM to discuss with legal counsel about current or potential litigation per Page 4 of 5Page 17 of 245 RCW 42.30.110(1)(i) and to consider the minimum offering price for sale or lease of real estate if there's a likelihood that disclosure would decrease the price per RCW 42.30.110(1)(c)with the City Manager, Deputy City Manager, and City Attorney. At 8:11 PM Mayor Grimm announced that the Executive Session would continue for another 15 minutes or until 8:26 PM. At 8:26 PM Mayor Grimm announced that the Executive Session would continue for another 15 minutes or until 8:41 PM. At 8:42 PM Mayor Grimm announced that the Executive Session would continue for another 5 minutes or until 8:47 PM. Mayor Grimm called the meeting back to order at 8:48 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 8:48 PM. PASSED and APPROVED on _______________________. ADDITIONAL NOTES Adopted Council Goals (Reference Only) APPROVED: ATTEST: Page 5 of 5Page 18 of 245 AGENDA REPORT FOR: City Council September 3, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Kevin Hebdon, Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $9,764962.25 I. ATTACHMENT(S): Accounts Payable 08.06.26 to 09.02.26 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $9,764,962.25 ($3,514,534.33 in Check Nos. Transfer Electronic in - 280567; Nos.280130 $3,494,591.48 854124 - 854133, 854137 - 854138, 854140 - 854339, 854343, 854347 - 854351; $31,192.92 in Check Nos. 55466 - 55513; $2,724,643.52 in Electronic Transfer Nos. 30247091 - 30248647). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 19 of 245 REPORTING PERIOD: September 8, 2026 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 280130 - 280567 55466 - 55513 Total Check Amount $3,514,534.33 $31,192.92 Total Checks 3,545,727.25$ $0.00 Electronic Transfer Numbers 854124 - 854133 30247091-30248647 854137 - 854138 854140 - 854339 854343 854347 - 854351 Total EFT Amount $3,494,591.48 $2,724,643.52 $0.00 $0.00 Total EFTs 6,219,235.00$ Grand Total 9,764,962.25$ Councilmember B 100 1,344,749.87 110 40,156.56 140 32,945.94 142 163.20 145 1,174.44 150 96,719.80 160 12,575.36 165 5,174.08 168 66,410.36 169 26,767.57 170 435.30 180 1,089.37 185 19.13 190 254.95 194 29,042.94 195 74.00 196 HOTEL/ MOTEL EXCISE TAX 34,382.80 367 335,823.99 410 3,129,900.06 510 173,069.43 511 21,659.95 515 9,039.31 520 483,443.56 610 OLD FIRE PENSION 3,500.00 619 3,945.18 630 4,768.01 690 3,907,677.09 GRAND TOTAL ALL FUNDS:9,764,962.25$ UTILITY, WATER/ SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL MEDICAL/ DENTAL/ VISION INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION MULTI-MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN REVOLVING ABATEMENT CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL AQUATIC CENTER - PPFD SENIOR CENTER OPERATING C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET HOME CONSORTIUM GRANT August 6, 2026 to September 2, 2026 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Harold Stewart, City Manager Kevin Hebdon, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 8 th day of September, 2026 that the merchandise or services hereinafter specified have been received and are approved for payment: Page 20 of 245 AGENDA REPORT FOR: City Council August 19, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Angela Pashon, Director Parks & Recreation SUBJECT: Ordinance No. 4853 – Amending the 2025–2026 Biennial Operating Budget for Park Security Enhancements I. ATTACHMENT(S): Ordinance 4853 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4853, amending the 2025-2026 Biennial Budget (Ordinance No. 4749) by providing supplement thereto; to provide park of implementation security appropriation additional for enhancements and, further, authorize publication by summary only. III. FISCAL IMPACT: General Fund Reserve - $75,000 IV. HISTORY AND FACTS BRIEF: Background The City maintains 28 parks, including 9 permanent restroom facilities that operate seasonally from April through October, generally between 7:00 a.m. and 8:00 p.m. Facilities are secured through automated locking systems and supplemented by portable toilets during the off-season and after hours. Earlier this year, staff presented several options to enhance security and reduce vandalism at public park restrooms. Council directed staff to further evaluate alternatives, with an emphasis on leveraging existing City resources while still providing meaningful security improvements. Based on Council feedback, staff recommended the implementation of stationary cameras at park restrooms that experience high incidents of misuse/vandalism and mobile camera unit(s). These efforts require additional Page 21 of 245 budget appropriation. Impact (other than fiscal) 1. Community Perception: As identified in the recent community survey, residents expressed a strong desire to see continued investment in maintaining and improving the City's existing parks. Implementing investigations post-incident supporting cameras security and demonstrates the City's commitment to protecting these public assets, improving restroom availability, and enhancing the overall park experience for the community. 2. Public Safety: While security cameras are not a substitute for law enforcement efforts by safety they strengthen presence, public enhancing situational awareness, deterring criminal activity, and supporting investigations. Over time, this technology can contribute to safer reducing accountability, increasing environments park by opportunities for vandalism and other criminal behavior, and allowing public safety resources to be deployed more effectively V. DISCUSSION: Recommendation Staff recommends approval of the proposed ordinance for budget amendment. Constraints (time or other considerations)  Implementation of program requires staff resources and testing to be ready for the 2027 park season opening. Alternatives  Do not approve Page 22 of 245 Ordinance – 2025 – 2026 Operating Budget Amendment - 1 Version 3.6.26 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE 2025-2026 BIENNIAL OPERATING BUDGET (ORDINANCE NO. 4749), BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S GENERAL FUND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 9, 2024, the Pasco City Council approved Ordinance No. 4749, adopting the 2025-2026 Biennial Operating Budget; and WHEREAS, on December 1, 2025, the Pasco City Council approved Ordinance No. 4807 or ####, adopting the 2025-2026 Biennial Operating Budget Amendment; and WHEREAS, the 2025-2026 Amended Biennial Operating Budget did not include funds for implementation of park security enhancements; and WHEREAS, public parks regionally have experienced increased vandalism and misuse in recent years; and WHEREAS, through a cross departmental approach staff presented several strategies for consideration; and WHEREAS, communities systems camera implemented that have mobile camera and units have reported reduced incidents of undesirable activities supporting better quality of life for park users; and WHEREAS, options, consideration of after several directed staff City Council to put forward a budget amendment to begin the implementation of cameras including stationery and mobile units within various City of Pasco parks to prepare for the 2027 seasonal opening. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.200(1)(d) as follows: Fund EXPENDITURE REVENUE General Fund $75,000.00 $0.00 Total $75,000.00 $0.00 Page 23 of 245 Ordinance – 2025 – 2026 Operating Budget Amendment - 2 Version 3.6.26 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above, and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4749 as previously adopted heretofore shall remain unchanged. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or fe or local, other reference to mistakes; clerical state, de or regulations; laws, rules, or ral numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this 8th day of September, 2026. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Gabriela Sanchez Ogden Murphy Wallace, PLLC City Clerk City Attorney Published: _____________________________ Page 24 of 245 AGENDA REPORT FOR: City Council August 24, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Maria Serra, Director Public Works SUBJECT: Ordinance No. 4854 - Approving Lightspeed Networks, Inc. Franchise Renewal I. ATTACHMENT(S): Ordinance 4854 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4854, approving a Non-Exclusive Franchise to construct, install, operate, maintain, repair, or remove fiber optic cables within the public ways of the City of Pasco and, further, authorize publication by summary only. III. FISCAL IMPACT: Lightspeed Networks, Inc. has paid the fee required by PMC 15.80.020 and 3.35.115. IV. HISTORY AND FACTS BRIEF: Background Fiber optic cable is a telecommunications technology that uses strands of glass or plastic to transmit data as light signals. This technology allows for high- speed internet, phone service, and other data communications that support homes, businesses, schools, healthcare, and public safety operations. Pasco Municipal Code (PMC) provides for fiber optic franchises within Title 15 Telecommunications. Through a franchise agreement, the City may authorize a private provider to install and maintain fiber optic facilities within the public right-of-way, subject to City standards. Allowing access to the right-of-way supports expanded connectivity and economic development while ensuring infrastructure is installed, maintained, and regulated in a manner that protects Page 25 of 245 public assets. A fiber optic franchise falls under the general provisions of PMC Chapter 15.40 and does not qualify as either a cable system franchise, which would be covered by PMC Chapter 15.96, or a small cell system, covered under PMC Section 15.40.050 and related provisions. Lightspeed Networks, Inc has requested a renewal of their franchise for fiber optic communication facilities within the public right-of-way. This renewal of franchise PMC with accordance hearing in a requires agreement public Subsection 15.20.080(2). Impact (other than fiscal) public enhances right-of-way the infrastructure optic fiber Allowing within broadband access and reliability for residents and businesses. The franchise requires the provider to obtain permits for construction, installation, maintenance, repair, or removal of facilities, ensuring City oversight and protection of public infrastructure. V. DISCUSSION: Recommendation Staff recommends approval of the fiber optic cable franchise agreement with Lightspeed Networks, Inc. for a ten-year term. Constraints (time or other consideration) Lightspeed Networks, Inc.'s application was considered complete as of June 29, 2026. PMC 15.40.100 states that franchise applications shall be acted upon by the City within 90 days. This schedule is within those guidelines. Next Steps After approval, the franchise will be in effect for ten (10) years. Alternatives Deny the franchise based on criteria that serve community interest. Page 26 of 245 Ordinance – Lightspeed Networks Franchise - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, APPROVING A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, OR REMOVE FIBER OPTIC CABLES WITHIN THE PUBLIC WAYS OF THE CITY OF PASCO WHEREAS, RCW 35A.11.010 grants the City authority to regulate the use of the public rights-of-way, subject to applicable state and federal law; and WHEREAS, the Pasco City Council passed Pasco City Ordinance 1823 on August 3, 1976, adopting the classification of non-chartered code city for the City of Pasco; and WHEREAS, Article 11, section 11, of the Washington State Constitution provides that the City of Pasco may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, the Pasco City Council, by section 35A.11.020 of the Revised Code of Washington, of 35A.13.230 section through hasWashington, of Code the Revised any authority ever given to any class of municipality or to all municipalities of this state, and all powers possible for a city or town to thehave under Constitution of this state, and not specifically denied to code cities by law, which may be exercised in regard to the regulation or use of public ways and property of all kinds and improvements thereto; and WHEREAS, the Pasco City Council enacted chapter 15.40 of the Pasco Municipal Code by Ordinance 3287 on March 3, 1998, regulating the use of public ways and public property for placement of telecommunication facilities in public ways, and, providing in part that facilities must be located underground unless otherwise provided in a franchise or lease granted by the City; and WHEREAS, the Pasco City Council passed Ordinance 4414 on January 7, 2019 adopting amendments to its local telecommunications regulations in chapters 15.40, 15.60, 15.10.050 of the Pasco Municipal Code; and WHEREAS, Section 35A.47.040 of the Revised Code of Washington authorizes the City to grant, permit, and regulate non-exclusive franchises for the use of public ways; WHEREAS, the Pasco City Council passed City Ordinance 4537 on June 7, 2021, adopting an updated comprehensive plan for the City of Pasco, including without limitation, policies requiring underground installation of new utility services, conversion of existing overhead systems to underground systems, coordination of utility projects, and minimization of negative impacts upon the character of the community, and policies recognizing, preserving and protecting Pasco's urban forest; and WHEREAS, Franchisee has applied to the City of Pasco, Washington for non-exclusive franchise to enter, occupy, and use public ways to construct, install, operate, Page 27 of 245 Ordinance – Lightspeed Networks Franchise - 2 maintain, and repair fiber optic facilities to offer and provide telecommunications service for hire, sale, or resale in the City of Pasco; and WHEREAS, the 1934 Communications Act, as amended by the 1996 Telecommunications Act, 47 USC 151, et seq., relating to telecommunications providers recognizes and provides state and local government certain authority to manage the public rights-of-way and to require fair and reasonable compensation on a competitively neutral and nondiscriminatory basis; and WHEREAS, Washington's Telecommunications Services Act, 2000 Wash. Laws, C providers telecommunications to relating Ch. 35.99, amended, as 83, hapter RCW recognizes and provides Washington cities authority to require franchises and use permits for constructing, installing, operating, maintaining, repairing, or removing telecommunication facilities in public rights-of-way; and WHEREAS, a franchise is granting general permit master approved a legislatively permission to a service provider to enter, use, and occupy the public ways for the purpose of locating facilities subject to requirements that a Franchisee must also obtain separate use permits from the City for use of each and every specific location in the public ways in which the Franchisee intends to construct, install, operate, maintain, repair or remove identified facilities; and WHEREAS, a franchise does not include, and is not a substitute for any other permit, agreement, or other authorization required by the City, including without limitation, permits required in connection with construction activities in public ways which must be administratively approved by the City after review of specific plans; and WHEREAS, the grant of a non-exclusive franchise under RCW 35A.47.040 shall not be adopted or passed by the City’s legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting, nor without first being submitted to the City attorney, an affirmative vote of at least a majority of the entire City Council and publication at least once in newspaper of general circulation before becoming effective; and WHEREAS, the City Council finds that the franchise terms and conditions contained in this ordinance are in the public interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1: Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations will have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. in the words meaning ascribed to those the Words defined will not Pasco have Municipal Code unless inconsistent herewith. Page 28 of 245 Ordinance – Lightspeed Networks Franchise - 3 "Cable Service" has the meaning set forth in, 47 U.S.C. § 522(6). "City" has the meaning set forth in PMC 15.10.020 "City Property" has the meaning set forth in PMC 15.10.020 "Conduit" means optical cable housing, jackets, or casing, and pipes, tubes, or tiles used for receiving and protecting wires, lines, cables, and communication and signal lines. "Costs" means costs, expenses, and other financial obligations of any kind whatsoever. “Days” means calendar days when the reference is to more than 10 Days, and business days when the reference is to 10 days or less. "Effective Date" means five days following the publication of this Franchise or a summary thereof occurs in an official newspaper of the City as provided by law. "Emergency" has the meaning set forth in PMC 15.10.020. "Existing" means in actual physical being upon the effective date of this Franchise, or a repair or replacement of such physical being. "Facilities" means all of the plant, equipment, fixtures, appurtenances, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal attachments, and vaults, anchors, all braces, equipment, and lines guys, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. "Fiber Optics" has the meaning set forth in PMC 15.10.020. "Franchisee" means Lightspeed Networks, Inc. and the lawful successor, transferee or assignee of said person subject to such conditions as defined herein. "Information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. repairing, “Maintenance” or “Maintain” shall mean examining, testing, inspecting, maintaining and replacing the existing Franchisee Facilities or any part thereof as required and necessary for safe operation. "Municipal Arborist" means the City's director of parks and recreation, or such other person appointed by the Pasco City Manager to carry out the provisions of the Pasco Municipal Code. "Optical Cable" means wires, lines, cables and communication and signal lines used to convey communications by fiber optics. Page 29 of 245 Ordinance – Lightspeed Networks Franchise - 4 "Overhead Facilities" has the meaning set forth in PMC 15.10.020 “PMC” means the Pasco Municipal Code. "Person" has the meaning set forth in PMC 15.10.020 "Personal Wireless Services" means commercial mobile radio services as defined by federal laws and regulations. "Public Street" has the meaning set forth in PMC 15.10.020 "Public Way" has the meaning set forth in PMC 15.10.020. “Relocation” means permanent movement of Franchisee facilities required by the City, and not temporary or incidental movement of such facilities, or other revisions Franchisee would accomplish and charge to third parties without regard to municipal request. "Relocation” also means to protect, support, temporarily disconnect, relocate, or remove facilities. “Right-of-Way” has the meaning set forth in PMC 15.10.020. “Standards” means the Design and Construction Standards and Specifications for Public Works Improvements, latest edition at the time of submission of each right-of-way permit associated with this Franchise Agreement. "Street Tree" means any tree located in, or that portion over-hanging, any public way and any tree planted on private property near a public way at the direction of the City. "Telecommunications Service" has the meaning set forth in 47 U.S.C. Section 153(53). "State" means the State of Washington, its agencies, departments, and governmental subdivisions, and all agencies, departments, and divisions of its agencies, departments, and governmental subdivisions. "Underground Facilities" has the meaning set forth in PMC 15.10.020 "Utility Poles" has the meaning set forth in PMC 15.10.020. Section 2: Franchise. A. The City grants to Franchisee, subject to the terms and conditions of this Franchise, a non-exclusive to Franchise for ways public and use enter, occupy, constructing, installing, operating, maintaining, repairing, and removing wireline facilities necessary to provide corporate the telecommunications services, on property located within boundaries of the City of Pasco, as specified in Exhibit A hereto , attached and incorporated by reference (the “Franchise Area”), provided that the Franchise Area shall Page 30 of 245 Ordinance – Lightspeed Networks Franchise - 5 be expanded to include territory annexed into the City of Pasco during the term hereof, and as approved under City permits issued pursuant to this Franchise (hereinafter “Franchise”). Except as expressly provided otherwise in this Franchise, Franchisee shall construct, install, operate, maintain, repair, and remove its facilities at its expense. B. be times all shall Area Franchise of at its that agrees Franchisee The use subordinated to and subject to the City and the public’s need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. C. The Franchisee shall reimburse the City for all costs of one publication of this Franchise Franchise, this regarding notices legal newspaper and local a in required contemporaneous with its acceptance of this Franchise. D. As set forth PMC 15.30.010, Franchisee must first obtain a right-of-way use permit in the event it desires to occupy Public Ways. Nothing contained herein shall relieve Franchisee from the requirement for obtaining permits as more fully set forth in Section 12 below. E. Nothing in this Franchise grants authority to Franchisee to enter, occupy, or use public ways for constructing, installing, operating, maintaining, repairing or removing wireless communication facilities. F. Nothing in this Franchise grants authority to Franchisee to enter, occupy, or use City Property. If Franchisee desires to use City poles including Property, and structures within the public ways it shall negotiate a separate lease or license agreement with the City. G. Any rights, privileges, and authority granted to Franchisee under this Franchise are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and nothing in this Franchise excuses Franchisee from its obligation to comply with all applicable general laws to City the enacted by pursuant such power. terms the conflict between Any or conditions of this Franchise and any other present or future exercise of the City's police powers will be resolved in favor of the exercise of the City's police power. H. obligationits of Franchise excuses this in Nothing Franchisee comply with to applicable codes, rules, regulations, and standards subject to verification by the City of such compliance. I. other Nothing in this Franchise shall be construed to limit taxing authority or lawful authority to impose charges or fees, or to excuse Franchisee of any obligation to pay lawfully imposed taxes, charges or fees. J. Nothing in this Franchise grants authority to Franchisee to impair or damage any City Property, Public Way, other ways or other property, whether publicly or privately owned, except as provided herein. Page 31 of 245 Ordinance – Lightspeed Networks Franchise - 6 K. Nothing in this Franchise grants authority to Franchisee to alter the City's urban forest to accommodate Franchisee's Facilities, and nothing in this Franchise shall be construed to give Franchisee's Facilities priority of use of public ways over the preservation and protection of the City's urban forest. L. beshall this in Franchise Nothing construed to create a upon the City to be duty responsible for construction of facilities or to modify public ways to accommodate the Franchisee’s Facilities. M. Nothing in this Franchise grants authority to Franchisee to provide or offer Cable Service. N. Nothing in this Franchise grants authority to Franchisee to provide or offer personal wireless services to the general public. O. Nothing in this Franchise shall be construed to create, expand, or extend any liability of the City to any third-party user of Franchisee's Facilities or to otherwise recognize or create third party beneficiaries to this Franchise. P. Nothing in this Franchise shall be construed to permit Franchisee to unlawfully enter or construct improvements upon the property or premises of another. Q. Nothing in this Franchise authorizes Franchisee to enter or construct improvements on, in, under, over, across, or within any private property of any third party without that party's permission. Section 3: Term. A. Authorization granted under this Franchise shall be for a period of ten (10) years from the effective date of this Franchise. B. Renewal. Franchisee may renew this Franchise pursuant to PMC 15.020.070(1). C. Failure to Renew Franchise – Automatic Extension. If the parties fail to formally renew this Franchise prior to the expiration of its term, the Franchise automatically continues month to month until renewed or until either party gives written notice at least one hundred eighty (180) days in advance of its intent not to renew the Franchise to the other party. Section 4: Location of Facilities. A. Franchisee may place optical cable, optical cable housing, and splicing connections on Existing utility poles as overhead facilities if approved by the owner of the utility poles as well as place the same underground in accordance with the provisions of PMC 15.70.110. Page 32 of 245 Ordinance – Lightspeed Networks Franchise - 7 B. Franchisee's Facilities shall not damage or impair the City's urban forest. Franchisee shall not place optical cable, optical cable housing, or splicing connections as overhead facilities in any area where the municipal arborist of the City determines, in his or her sole discretion, that the facilities will damage or impair a street tree. C. Franchisee's facilities shall not unreasonably interfere with the use of public ways or City property by the City, the general public, or other persons authorized to enter, occupy, or use public ways or City property as set forth in PMC 15.70.160. D. Franchisee shall not impair or damage any City property, public way, other ways or other property, whether publicly or privately owned. E. Relocation or removal of Franchisee’s facilities shall be governed by PMC 15.70.180. 1. Where the construction, alteration, repair or improvement of a Public Way is primarily for private benefit, the Franchisee may seek reimbursement from the private party or parties for the cost of relocation in the same proportion as their contribution to the costs of the project; provided, however, in no event shall the City be considered a private party for purposes of seeking reimbursement under this section. Franchisee may require a deposit or other pre-payment of costs before doing any work on a project covered by this section. 2. Where other utilities are present and involved in an undergrounding project and Franchisee is required to pay for such undergrounding, Franchisee shall only be required to costs the to addition in by borne all utilities, common costs of share fair its pay specifically attributable to the undergrounding of Franchisee Facilities. Common costs shall include necessary costs for common trenching and utility vaults. Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded. 3. If the City requires Franchisee to relocate the same Facilities in the same location that were previously relocated at Franchisee’s expense at the City’s direction, and the City requires such subsequent relocation within five (5) years after completion of the prior relocation, the City shall bear the full cost of the subsequent relocation; provided, that this subsection shall not apply where the subsequent relocation is necessitated by the act or omission of Franchisee. F. Franchisee shall relocate its facilities at its expense at the request of the City in the event of an unforeseen emergency or causes interference with public facilities as described in Section 4(C) that creates an immediate threat to the public safety, health or welfare. Section 5: Pole, Structures and Property Owned By Others. Franchisee will obtain separate agreements from owners of utility poles, structures and property not owned by the City. The City makes no representation and assumes no responsibility for the availability of utility poles, structures, and property owned by third parties for the installation of Franchisee’s facilities. Page 33 of 245 Ordinance – Lightspeed Networks Franchise - 8 Section 6: Construction and I nstallation Requirements. A. Neither approval of plans by the City nor any action or inaction by the City shall relieve Franchisee of any duty, obligation, or responsibility for the competent design, construction, and installation of its Facilities. Franchisee is solely responsible for the supervision, condition, and quality of the work done, whether it is performed by itself or by its contractors, agents, or assigns. B. The Franchisee shall provide the City at least 72-hours’ notice of its intent to work in the public right-of-way and, for permits relating to underground work, shall indicate the issued permit for the work planned to be performed. C. Working Hours. All work related to this Franchise Agreement (with the exception of only Franchisee shall the by performed occur this in described repairs emergency agreement) Monday through Saturday and no work will be performed on Sunday’s or holidays recognized by the City of Pasco unless otherwise agreed by the City. Such restriction shall not apply to any service drops used in connecting subscribers to Franchisee’s Facilities. D. Dangerous Conditions. Franchisee shall comply with PMC 15.70.280. E. Utility Locates. Franchisee shall comply with PMC 15.70.080. F. Qualified, Informed Personnel. The Franchisee shall have qualified, informed personnel onsite anytime construction is occurring that are familiar with the permit requirements, and the City requirements for construction. G. Licensed, Bonded Contractors. All work performed by the Franchisee shall be performed by licensed, bonded Contractors who have a business license allowing them to work within the City of Pasco. H. Contractor named on Right-of-Way Permit. The Franchisee shall specifically name the Contractor who will be performing work on the right-of-way permit application. If the Franchisee desires to switch to using another contractor on an open right-of-way permit, the Franchisee shall so notify the City. I. Sidewalk Safety. At times, weather is not conducive to concrete placement, which can delay surface restoration work if concrete sidewalk panels or curb ramps were removed as part of a construction project. When this occurs, the Franchisee shall use either 5/8 crushed rock or cold patch asphalt (temporary surface type is at the discretion of the City) to maintain a safe, ADA accessible walking surface until the site can be adequately restored. J. Contact Emergency Local an maintain shall at all times Franchisee . emergency The contact at its Network Operations Center who can be contacted by the City if there is an emergency, or an issue with lack of compliance with the terms of this Franchise Agreement. This emergency contact shall be available as needed 7 days a week, 24 hours a day. Page 34 of 245 Ordinance – Lightspeed Networks Franchise - 9 Section 7: Coordination of Construction and Installation Activities and Other Work. A. Franchisee shall coordinate its construction and installation activities and other work with the City and other users of the public ways at least annually or as determined by the City. B. All construction or installation locations, activities and schedules shall be coordinated, as ordered by the City, to minimize public inconvenience, disruption or damages. C. At least twenty-four hours prior to entering a public way to perform construction and installation activities or other work, Franchisee shall give notice, at its cost, to owners and occupiers of property adjacent to such public ways indicating the nature and location of the work to be performed. Such notice shall be physically posted by door hanger. Franchisee shall make a good faith effort to comply with the property owner or occupier's preferences, if any, on facilities, underground placement or location of with sound consistent engineering practices. D. Franchisee shall make available open trenches for use by third party utilities with the costs to be allocated as agreed between the parties provided that such third party has a similar obligation with respect to Franchisee. E. The City shall give reasonable advance notice to Franchisee of plans to open Public Ways for construction or installation of Facilities and Franchisee afforded the opportunity to install facilities in the applicable location, when possible; provided, however, the City shall not be liable for damages for failure to provide such notice. When notice has been given, Franchisee may provide notice to City of its intent to construct in the open Public Way and provide so elected, If such constructions. requirements information regarding its for Franchisee may only construct or install facilities during such period that the City has opened the Public Way for construction or installation. F. Emergency Operations. Franchisee shall comply with PMC 15.70.250. Section 8: Temporary Removal, Adjustment or Alteration of Facilities. See Section 4 above. Section 9: Safety and Maintenance Requirements. Franchisee shall comply with PMC 15.70.280. Section 10: Abandonment of Facilities. PMC 15.70.260(1) shall govern the abandonment of facilities. Section 11: Restoration of Public Ways and Other Property. Page 35 of 245 Ordinance – Lightspeed Networks Franchise - 10 A. When Franchisee, or any person acting on its behalf, does any work in or affecting any Public Way or other property, it shall, at its own expense, promptly remove any obstructions therefrom and restore, at Franchisee's cost, such ways and property to as good a condition as existed before the work was undertaken, unless otherwise directed by the City. Upon completion of any construction by the Franchisee, the site of construction shall be restored in accordance with all the requirements in the PMCs and the City’s Standards, including but not limited PMC 15.70.270. B. If weather or other conditions do not permit the complete restoration required by this section; Such property. or ways affected shall temporarily restore Franchisee the the temporary restoration shall be at the Franchisee's cost, and Franchisee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. All restoration work is subject to inspection and final approval by the City. If restoration is not made to the satisfaction of the City within the established time frame, the City may make the restoration itself at the cost of Franchisee or have them made at the cost of Franchisee. Section 12: Use and/or Development Authorization and Permits. A. Franchisee useshall obtain and/or authorization permitsdevelopment and required from the City and all other appropriate regulatory authorities prior to constructing or installing facilities or performing other work in a public way. The City must act on applications for use and/or development authorization or required permits within thirty (30) consents Franchisee completed application, unless a to a receipt of days of different time period. The City may, upon notice to Franchisee, extend this period to ensure that the City has adequate resources available to provide the necessary inspection work. Franchisee agrees to reimburse the City for any additional costs required to provide inspections for work performed by the Franchisee after-hours and on weekends. B. and construction bond. Any such requirement a posting of require may permit A the amount of the bond is set forth in City code. Section 13: Hold Harmless and Assumption o f Risk. The Franchisee agrees to be bound by the provisions of PMC 15.70.290(2) which are hereby incorporated into this Franchise. Section 14: Insurance. Franchisee shall obtain and maintain, at its cost, worker's compensation insurance and the following liability insurance policies insuring both Franchisee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as an additional insureds against claims for injuries to persons or damages to Page 36 of 245 Ordinance – Lightspeed Networks Franchise - 11 property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to Franchisee: A. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Franchisee's Commercial General Liability insurance policy with respect the 20 12 05 09 if CG endorsement ISO using Agreement Franchise this Franchise Agreement is considered a master permit, or CG 20 26 07 04 if it is not, or substitute endorsement providing at least as broad coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. B. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. C. Contractors Pollution Liability insurance shall be in effect throughout the entire Franchise the from arise that conditions pollution by caused covering losses Agreement bodily injury, cover Pollution Contractors Liability shall the of operations Franchisee. property damage, cleanup costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. D. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. E. Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the Franchisee's Commercial General Liability and Automobile Liability insurance. Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through Franchisee's Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. F. Other Insurance Provisions. Franchisee's Commercial General Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability insurance policy or Page 37 of 245 Ordinance – Lightspeed Networks Franchise - 12 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 Franchisee's insurance and shall not contribute with it. G. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: Vil. H. Verification of Coverage. The Franchisee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the ofrequirements insurance additional endorsement, insured evidencing the the Franchise. Upon request by the City, the Franchisee shall certifiedfurnish copies of all required insurance policies, including endorsements, required in this Franchise and evidence of all subcontractors' coverage. I. Subcontractors. The Franchisee shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Franchisee-provided insurance as set forth herein, except the Franchisee shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Franchisee shall ensure that the City is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 2026. J. Cancellation. The Franchisee’s insurance cannot be terminated by the Franchisee except after thirty (30) days’ prior written notice to the City by certified mail, return receipt requested, has been given to the City. K. Failure to Maintain Insurance. Failure on the part of the Franchisee to maintain the insurance as required shall constitute a material breach of this Franchise, upon which the City may, after giving five business days' notice to the Franchisee to correct the breach, terminate the Franchise or, at its discretion, procure or renew such insurance all and any and pay premiums in connection therewith, with any sums so expended to be repaid to the City on demand. L. City Full Availability of Franchisee Limits. If the Franchisee 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 Franchisee, irrespective of whether such limits maintained by the Franchisee are greater than those required by this Franchise or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Franchisee. M. Franchisee - Self-Insurance. If the Franchisee is self-insured or becomes self-insured during the term of the Franchise Agreement, Franchisee or its affiliated parent entity shall comply with the following: (i) provide the City, upon request, a copy of Franchisee's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available; (ii) Franchisee or its parent company is responsible for all Page 38 of 245 Ordinance – Lightspeed Networks Franchise - 13 payments within the self-insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as outlined in the indemnification section of this Franchise Agreement. N. Primary Insurance. The Franchisee’s insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Franchisee’s insurance and shall not contribute with it. O. Coverage Scope. The coverage shall contain no special imitations on the scope of protection afforded to the City, its officers, officials, or employees. In addition, the insurance policy insureach to separately apply shall coverage stating that clause a contain shall ed against whose claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Franchisee’s insurance shall be primary. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Franchisee’s insurance, and shall not contribute with it. Coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits for the duration of this Franchise Agreement. Section 15: Performance Bond. A. Franchisee shall provide a performance bond in the amount of fifty thousand dollars and Franchise this under responsibilities its of performance faithful the to ensure ($50,000) applicable law, including, by way of example and not limitation, its obligations to relocate and remove its facilities. The performance bond shall be in a standard industry form. Grantee shall pay all premiums or costs associated with maintaining the bond, and shall keep the same in full force and effect at all times. B. The bond shall not be canceled or materially altered so as to be out of compliance with the requirements of this Section without forty-five (45) days written notice first being given to the City. be ou to as so altered materially or canceled is the bond If the with compliance t of requirements of this Section within the term of this Franchise, Franchisee shall provide a replacement bond. C. After the giving of notice by the City to Franchisee, and expiration of any applicable cure period, the performance bond may be drawn upon by the City for purposes that include, but are not limited to the following: 1. Failure of Franchisee to pay the City sums due under the terms of this Franchise; 2. Reimbursement of costs borne by the City to correct Franchise violations not corrected by Franchisee; and 3. Damages assessed against Franchisee as provided in this Franchise. D. The City shall give Franchisee written notice of any withdrawal under this Section upon such withdrawal. Within ten (l0) days following receipt of such notice, Franchisee shall restore and replenish the performance bond to the amount required under this Franchise. Franchisee’s Page 39 of 245 Ordinance – Lightspeed Networks Franchise - 14 maintenance of the performance bond shall not be construed to excuse unfaithful performance by Franchisee or limit the liability of Franchisee to the amount of the performance bond or otherwise limit the City’s recourse to any other remedy available at law or in equity. E. Franchisee shall have the right to appeal to the City Council for reimbursement in the event Franchisee believes that the performance bond was drawn upon improperly. After a determination by the City Council, Franchisee shall also have the right of judicial appeal if Franchisee believes the performance bond has not been properly drawn upon in accordance with this Franchise. Any funds the City erroneously or wrongfully withdraws from the performance bond shall be returned to Franchisee with interest, from the date of withdrawal at a rate equal to the prime rate of interest as quoted in The Wall Street Journal on the date the City withdrew funds from the performance bond until the date the City returns the funds to Franchisee. Section 16: Taxes, Charges, And Fees. Franchisee shall pay and be responsible for taxes permitted by law. Section 17: Acquisition of Facilities. Upon Franchisee's acquisition of any facilities in the Public Way, or upon any addition or annexation shall facilities such has Franchisee facilities, area in any of the City to which immediately be subject to the terms of this Franchise without further action of the City or Franchisee. Section 18: Vacation of Public Ways. The City reserves the right to change, regrade, relocate, abandon, or vacate any right-of- way within the Franchise Area. If, at any time during the term of this Franchise, the City vacates any portion of the Franchise Area containing Franchisee Facilities, the City shall reserve vacated portion, RCW to pursuant that public utilities for an easement within 35.79.030 and PMC 12.40, within which the Franchisee may continue to operate any existing Franchisee Facilities under the terms of this Franchise for the remaining period set forth under Section 3. Section 19: Provision of Information. Within thirty (30) days of a written request from the City, Franchisee shall furnish the City with information reasonably requested by the City to coordinate municipal functions with Franchisee’s activities, to fulfill municipal obligations under State law or to demonstrate compliance with terms of this Franchise. A. The documents and records maintained by Franchisee and requested by the City shall be made available to the City at reasonable times and intervals; provided, however, that nothing in this section shall be construed to require Franchisee to violate state or federal law regarding subscriber privacy, nor shall this section be construed to require Franchisee Page 40 of 245 Ordinance – Lightspeed Networks Franchise - 15 to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. B. Franchisee shall reasonably cooperate in City’s planning efforts, including working with the City in its development of its Comprehensive Plan Utilities Element. The cooperation may include: 1. An annual meeting or communications outlining the plans of Franchisee and the City for the Public Ways during the upcoming year. 2. Coordination of construction activities with the City and other franchisees. 3. Planning and implementation of emergency response procedures. C. In connection with information requests mentioned above, the City may request as-built drawings of Franchisee’s Facilities and maps showing the location of existing or planned facilities within the City. Said information may be requested either in hard copy or electronic format, in a format used by Franchisee in the maintenance of its own records. D. Confidentiality. Information provided by Franchisee to the City shall be considered confidential and proprietary to Franchisee. If the City receives a request under the Washington State Public Records Act to inspect or copy the information provided by Franchisee and the City determines that release of the information is required by the Public Records Act, the City notify Franchisee (a) the be released will information such to of (b) and the request of the date that requester unless Franchisee initiates a proceeding to enjoin that disclosure pursuant to the Public Records Act. Section 20: Assignment or Transfer. and ownership or this and authority under franchise, rights, Franchisee's privileges, working control of facilities constructed or installed pursuant to this Franchise, may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, except after consent by the City, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, no City consent shall be required in the event that this Franchise is, directly or indirectly, transferred assigned or disposed by sale, lease, merger consolidation of other act of Franchisee, by operation of law or otherwise, in connection with any transaction approved by the and Transportation Washington Utilities Commission, such approval to be deemed consent of the City. Except as set forth above, PMC 15.70.320 shall apply to this Franchise. Section 21: Notices. A. Written notices to the parties shall be sent by certified mail to the following addresses, unless a different address shall be designated in writing and delivered to the other party. Page 41 of 245 Ordinance – Lightspeed Networks Franchise - 16 City: City of Pasco Public Works Department 525 N. 3rd Avenue Pasco, WA 99301 (509) 545-3463 with a copy to: Pasco City Clerk 525 N. 3rd Avenue Pasco, WA 99301 Franchisee: Lightspeed Networks, Inc. Contracts Manager 921 SW Washington St, Suite 210 Portland, OR 97205 contracts@lsnetworks.net 503-294-5300 Franchisee’s Local Contact for Emergency Situations or Franchise compliance issues requiring immediate attention: Lightspeed Networks, Inc Regional Manager 1600 E Salt Lake St, Pasco, WA 99301 support@lsnetworks.net 866-366-2638 (24/7 NOC) B. Franchisee shall additionally provide a phone number and designated responsible officials to respond to emergencies. After being notified of an emergency, Franchisee shall cooperate with the City and make best efforts to immediately respond to minimize damage, protect the health safety of the public and repair facilities to restore them to proper working order. Annually, on request of the City, Franchisee will meet with City emergency response personnel to coordinate emergency management operations and, at least once a year, at the request of the City, actively participate in emergency preparations. C. Any changes to the above-stated Franchisee information shall be sent to the City’s Director of Community & Economic Development Department, with copies to the City Clerk, referencing the title of this agreement. D. The above-stated Franchisee and City telephone numbers shall be staffed at least during normal business hours, Pacific time zone, notwithstanding the requirements of the Local Emergency Contact provisions pursuant to Section 6(J). Page 42 of 245 Ordinance – Lightspeed Networks Franchise - 17 Section 22: Non-waiver. The failure of the City to exercise any rights or remedies under this Franchise or to insist upon compliance with any terms or conditions of this Franchise shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise by the City and shall not prevent the City from demanding compliance with such terms or conditions at any future time or pursuing its rights or remedies. Section 23: Eminent Domain. This Franchise is subject to the power of eminent domain and the right of the City Council to repeal, amend or modify the Franchise in the interest of the public. In any proceeding under eminent domain, the Franchise itself shall have no value. Page 43 of 245 Ordinance – Lightspeed Networks Franchise - 18 Section 24: Limitation of Liability. Administration of this Franchise may not be construed to create the basis for any liability on the its City, the of part and agents, servant, employees, officers, officials, elected representatives for any injury or damage from the failure of the Franchisee to comply with the provisions ofFranchise; this of by reason or schedule any plan, specification review, inspection, notice and order, permission, or other approval or consent by the City; for any action or inaction thereof authorized or done in connection with the implementation or enforcement of this Franchise by the City; or for the accuracy of plans submitted to the City. Section 25: Damage to Facilities. Unless directly and proximately caused by the negligence of the City, the City shall not be liable for any damage to or loss of any facilities as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on, in, under, over, across, or within a public way done by or on behalf of the City. Section 26: Governing Law and Venue. This Franchise and use of the applicable public ways will be governed by the laws of the State of Washington, unless preempted by federal law. Franchisee agrees to be bound by the laws of the State of Washington, unless preempted by federal law, and subjected to the jurisdiction of the Courts of the State of Washington. Any action relating to this Franchise must be brought in the Superior Court of Washington for Franklin County, or in the case of a federal action, the United States District Court for the Eastern District of Washington at Richland, Washington, unless an administrative agency has primary jurisdiction. Section 27: Severability. If any section, sentence, clause or phrase of this Franchise or its application to any person or entity should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality will not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise nor its application to any other person or entity. Section 28: Repair and Emergency Work. The terms of PMC 15.70.250 are hereby incorporated into this Franchise. Section 29: Location Preference. a property of tangible utility, other equipment, appurtenance, Any structure, or than the Franchisee’s, which was installed, constructed, completed, in place, or planned for installation prior in time to Franchisee’s application for a permit to construct or repair Franchisee Facilities Page 44 of 245 Ordinance – Lightspeed Networks Franchise - 19 under this Franchise shall have preference as to positioning and location with respect to the Franchisee Facilities. The City reserves the right to deny of any of the Franchisee’s facilities that may possibly interfere with possible future installation of City utilities. However, to the extent that the Franchisee Facilities are completed and installed prior to another non-City utility’s submittal of a permit for new or additional structures, equipment, appurtenances, or tangible property, then the Franchisee infrastructure, road and utility whether All priority. shall have Facilities City existing or future shall have priority over the Franchisee’s. These rules governing preference shall continue in the event of the necessity of relocating or changing the grade of any City road or right- of-way. A relocating utility shall not necessitate the relocation of another utility that otherwise would not require relocation. This Section shall not apply to utilities that may in the future require the relocation of Franchisee Facilities. Such relocations shall be governed by Section 4. Franchisee shall comply with PMC 15.70.110. Section 30: Enforcement and Remedies. The terms of PMC 15.90.010-050 is hereby incorporated into this Franchise. Section 31: Compliance with Laws and Regulations. A. This Franchise is subject to, and the Franchisee shall comply with all applicable federal and state or City laws, regulations and policies (including all applicable elements of the City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this Franchise. Furthermore, notwithstanding any other terms of this agreement appearing to the contrary, the Franchisee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Franchise Area. Section 32: Consequential Damages Limitation. Notwithstanding any other provision of this Agreement, in no event shall the City or other utility providers any special, incidental, indirect, for be liable the exception of (with the Franchisee) punitive, reliance, consequential or similar damages. Section 33: Survival. All the provisions, conditions and requirements of this agreement shall be in addition to any and all other obligations and liabilities the Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City’s Franchise to the Franchisee for the use of the areas mentioned herein, and provisions, conditions, any renewals or extensions thereof. All the regulations, and requirements contained in this Franchise Ordinance shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of the Franchisee and all privileges, as well as all obligations and liabilities of the Franchisee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned wherever the Franchisee is named herein. Page 45 of 245 Ordinance – Lightspeed Networks Franchise - 20 Section 34: Miscellaneous. A. Equal Employment and Nondiscrimination. Throughout the term of this Franchise, Franchisee will fully comply with all equal employment and nondiscrimination provisions and requirements of federal, state, and local laws, and in particular, FCC rules and regulations relating thereto. B. Local Employment Efforts. Franchisee will use reasonable efforts to utilize qualified local contractors, including minority business enterprises and woman business enterprises, whenever the Franchisee employs contractors to perform work under this franchise. C. Descriptive Headings. The headings and titles of the sections and subsections of this Franchise are for reference purposes only and do not affect the meaning or interpretation of the text herein. D. Costs and Attorneys' Fees. If any action or suit arises in connection with this Franchise, the prevailing party will be entitled to recover all of its reasonable costs, including attorneys' fees, in addition to such other relief as the court may deem proper. E. VentureNo Joint . venture joint a deemed to create be or Nothing herein will principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. F. Mutual Negotiation. This Franchise was mutually negotiated by the Franchisee and the City and has been reviewed by the legal counsel for both parties. Neither party will be deemed to be the drafter of this Franchise. G. Third-Party Beneficiaries. There are no third-party beneficiaries to this Franchise. H. Actions of the City or Franchisee. In performing their respective obligations under this Franchise, the City and Franchisee will act in a reasonable, expeditious, and timely manner. Whenever this Franchise sets forth a time for any act to be performed by Franchisee, such time shall be deemed to be of the essence, and any failure of Franchisee to perform within the allotted time may be considered a material breach of this Franchise, and sufficient grounds for the City to invoke any relevant remedy. I. Entire Agreement. This Franchise represents the entire understanding and agreement between the parties with respect to the subject matter and supersedes all prior oral and written negotiations between the parties. J. Modification. The parties may alter, amend or modify the terms and conditions of this Franchise alteration, such to parties upon written of agreement amendment both or Page 46 of 245 Ordinance – Lightspeed Networks Franchise - 21 modification. Nothing in this subsection shall impair the City's exercise of authority reserved to it under this Franchise. K. Non-exclusivity. This Franchise does not confer any exclusive right, privilege, or authority to enter, occupy or use public ways for delivery of telecommunications services or any other purposes. This Franchise is granted upon the express condition that it will not in any manner prevent the City from granting other or further franchises in, on, across, over, along, under or through any public way. L. Rights granted. This Franchise does not convey any right, title or interest in public ways, but shall be deemed only as authorization to enter, occupy, or use public ways for the limited purposes and term stated in this Franchise. Further, this Franchise shall not be construed as any warranty of title. M. Contractors and subcontractors. Franchisee's contractors and subcontractors must be licensed and bonded in accordance with the City's ordinances, rules, and regulations. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Franchisee. N. Risks. Franchisee acknowledges by acceptance of the grant that it has read the terms and conditions of this agreement carefully, and accepts all reasonable risks related to the possible interpretation of the provisions, terms, and conditions of this agreement. Section 35: Acceptance of Franchise. Within thirty (30) days after the passage and approval of this ordinance, this Franchise may be accepted by the Franchisee by its filing with the City Clerk an unconditional written acceptance thereof. Failure of the Franchisee to accept this Franchise within said period of time shall be deemed a rejection thereof by the Franchisee, and the rights, privileges, and authority herein granted shall, after the expiration of the 30-day period, absolutely cease and terminate, unless the period is extended by ordinance duly passed for that purpose. Section 36: The City Clerk. The City Clerk is authorized and directed to publish a summary hereof in accordance with Revised Code of Washington 35A.13.200 and 35A.12.160. Section 37: Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. Section 38: Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of Ordinances or their sections and subsections. Page 47 of 245 Ordinance – Lightspeed Networks Franchise - 22 Section 39: This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this _____ day of __________, 2026. _____________________________ Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Gabriela Sanchez Ogden Murphy Wallace City Clerk City Attorneys Published: _____________________________ Page 48 of 245 Ordinance – Lightspeed Networks Franchise - 23 SUMMARY OF ORDINANCE AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, OR REMOVE FIBER OPTIC CABLES WITHIN THE PUBLIC WAYS OF THE CITY OF PASCO The Pasco City Council passed Municipal Ordinance No. ____ at its date regular meeting which in summary grants a non-exclusive franchise to Lightspeed Networks, Inc. to construct, install, operate, maintain, repair, or remove fiber optic cables within the City right-of-way. The full text of Municipal Ordinance ____ will be provided upon request made to the Pasco City Clerk at Pasco City Hall, 525 N. Third Avenue., Pasco, WA 99301. Summary approved as to form: ________________________________ Ogden Murphy Wallace City Attorneys Page 49 of 245 ACCEPTANCE: The provisions of this amended Franchise are agreed to and hereby accepted. By accepting this Franchise, Franchisee covenants and agrees to perform and be bound by each and all of the terms and conditions imposed by the franchise and the municipal code and ordinances of the City. By: _________________________________________ Printed Name: _________________________________________ Title: ________________________________________ CERTIFICATION OF COMPLIANCE WITH CONDITIONS AND EFFECTIVE DATE: I certify that I have received confirmation that: (I) the Franchisee returned a signed copy of this Franchise to the City Council in accordance with this Franchise; (2) the Franchisee has presented to the City acceptable evidence of insurance and security as required in this Franchise; and (3) the Franchisee has paid all applicable processing costs set forth in the Franchise. The effective date of this Franchise Ordinance is _______________________________ By: _________________________________________ Printed Name: _________________________________________ Title: ________________________________________ Page 50 of 245 Pasco City Council September 8, 2026 Regular Meeting Pa g e 5 1 o f 2 4 5 Lightspeed Networks, Inc. Franchise Agreement September 8, 2026 Pasco City Council Pa g e 5 2 o f 2 4 5 Telecommunications Franchises Federal Regulation -Telecommunications Act of 1996 ensures that local jurisdictions provide for franchises that cover telecommunications services. State Regulation -State law allows localities to regulate the placement of telecommunications facilities in the right-of-way without prohibiting them entirely. Pasco Regulations -Provide for a franchise agreement covering the use of the right-of-way for telecommunications purposes. Pa g e 5 3 o f 2 4 5 Lightspeed Networks, Inc. holds franchises 33 other communities in Washington State including Richland, Kennewick, Benton County and Franklin County. According to the franchise, if Lightspeed Networks, Inc. decides to expand their facilities, they will be required to obtain permits for the work. At this time, they do not plan to expand. Telecommunications franchise agreements within the City of Pasco have a 10-year term and can be renewed. Lightspeed Networks, Inc. is a fiber telecommunications provider serving business customers in Oregon State and southwest Washington, as well as the Yakima Valley and Tri-Cities. Lightspeed Networks, Inc. Pa g e 5 4 o f 2 4 5 Lightspeed Networks, Inc. Pa g e 5 5 o f 2 4 5 Questions?Pa g e 5 6 o f 2 4 5 City of Pasco 06/03/2026 footprint Legend Aerial Underground 4 mi N ➤➤ N Image © 2026 A irbus Image © 2026 A irbus Image © 2026 A irbus Pa g e 5 7 o f 2 4 5 AGENDA REPORT FOR: City Council August 7, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Maria Serra, Director Public Works SUBJECT: Clearwater by Performed Work Accepting 4778 No. Resolution - Construction & Management, LLC., Under Contract for the Wastewater Treatment Plant Phase 1 Project. I. ATTACHMENT(S): Resolution 4778 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4778, accepting Work Performed by Clearwater Construction & Management, LLC., Under Contract for the Wastewater Treatment Plant Phase 1 Project. III. FISCAL IMPACT: The project construction is funded through a State Revolving Fund low interest loan awarded by the Washington State Department of Ecology under loan agreement WQC-2022-Pasco-00044, which was authorized through adoption of Resolution No. 4144 on January 24, 2022. Summary: Engineer's Estimate $22,398,999.78 Bid Award $17,937,787.80 Change Orders $ 433,651.65 Final Construction Cost $18,371,439.45 IV. HISTORY AND FACTS BRIEF: Background This project consists of improvements and modifications to the City's existing Page 58 of 245 Municipal Wastewater Treatment Plant (WWTP), which includes the construction of new primary effluent structures and piping, two new aeration basins, alterations to two existing aeration basins, blower building expansion, addition of two new blowers, modifications to two existing blowers, RAS pump system facility, flowmeter effluent improvements, a distribution new approximately 1,150 feet of new 42-inch diameter outfall piping, new primary power switchgear, associated electrical and control systems, associated site work and yard piping, and other appurtenances. The project also includes demolition of the existing trickling filter and other select unnecessary items. Design was solicited in 2019 and the contract was executed with Murraysmith (now CONSOR) on January 10, 2020. After completion of design, the Project was advertised for bids on January 12 and January 19, 2021. A formal request for Wastewater (WWTP) Treatment the Plant 19072) No. (Bid for bids Improvements, Phase 1 project was issued January 12, 2021. Three bids were received and opened on March 3, 2021. After careful review, the City rejected all bids and determined to rebid the project. A second formal request for bids for this project (Bid No. 19072) was issued on April 9, 2021. Two bids were received and opened on May 7, 2021. The lowest responsive bid was from Clearwater Construction & Management, LLC in the amount of $17,937,787.80, including Washington State Sales Tax. The Engineer’s construction estimate was $22,398,999.78. Since construction began, the project required ten (10) Change Orders for the project, resulting in a final construction contract cost of $18,371,439.45 (less than 2.5% in change orders). Impact This project followed the Capital Improvement Projects Plan and is the first phase of the WWTP Improvements as recommended by the WWTP Facility Plan. This phase is focused on secondary treatment and partial outfall replacement, including: Two new aeration basins and modifications to existing ones Blower building expansion Demolition of trickling filter Electrical and controls upgrade Upsized outfall pipe installation in land V. DISCUSSION: Recommendation Staff recommends approval of the proposed Resolution accepting the work Page 59 of 245 performed by Clearwater Construction & Management, LLC., Under Contract for the Wastewater Treatment Plant Phase 1 Project. Constraints 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 Next Steps Provided the Council accepts the project, staff will complete the necessary documentation in the following weeks. Alternatives Council may elect not to accept the work; however, acceptance is recommended, as this improvement is completed under budget, adding additional infrastructure, and upgrades for operational ease in maintenance. Page 60 of 245 Resolution - Wastewater Treatment Plant, Phase 1 Project Acceptance- 1 Version 1.9.26 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY CLEARWATER CONSTRUCTION & MANAGEMENT, LLC, FOR CONTRACT UNDER THE WASTEWATER TREATMENT PLANT, PHASE 1 PROJECT. WHEREAS, the work performed by Clearwater Construction & Management, LLC, under contract for Project No. 19072 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 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 Clearwater Construction & Management, LLC , under contract for Project No. _19072 as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and 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 Director, Department staff, and Finance Director. Be It Further Resolved, that this Resolution shall take effect immediately. Page 61 of 245 Resolution - Wastewater Treatment Plant, Phase 1 Project Acceptance- 2 Version 1.9.26 PASSED by the City Council of the City of Pasco, Washington, on this ____ day of September, 2026. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Gabriela Sanchez Ogden Murphy Wallace, PLLC City Clerk City Attorney Page 62 of 245 Pasco City Council September 8, 2026 Regular Meeting Pa g e 6 3 o f 2 4 5 Acceptance of Work Wastewater Treatment Plant, Phase 1 September 8, 2026 Pasco City Council Pa g e 6 4 o f 2 4 5 Wastewater Treatment Plant, Phase 1 Pa g e 6 5 o f 2 4 5 Wastewater Treatment Plant, Phase 1 Construction Costs Construction Costs Engineer’s Estimate $ 22,398,999.78 Bid Award $ 17,937,787.80 Change Orders $433,651.65 Final Construction Cost $18,371,439.45 Pa g e 6 6 o f 2 4 5 Questions?Pa g e 6 7 o f 2 4 5 AGENDA REPORT FOR: City Council August 7, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Maria Serra, Director Public Works SUBJECT: Resolution No. 4779 - Accepting Work Performed by Tapani, Inc, Under Contract for the Process Water Reuse Facility, Phase 2 - Winter Storage I. ATTACHMENT(S): Resolution 4779 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4779, accepting Work Performed by Tapani, Inc, Under Contract for the Process Water Reuse Facility, Phase 2 - Winter Storage Project. III. FISCAL IMPACT: This project is funded 100% by a Department of Ecology Clean Water State Revolving Fund (CWSRF) low-interest loan. Summary: Engineer's Estimate $ 45,407,761.73 Bid Award $ 31,588,246.92 Change Orders $ 1,076,803.87 Final Construction Cost $ 32,665,050.79 IV. HISTORY AND FACTS BRIEF: Background Winter The Process Water Reuse Facility (PWRF) Phase 2 Storage Improvements project began with the City of Pasco entering into a Professional Services Agreement (PSA) with RH2 Engineering, Inc. in August 2021 to design 200 million gallons of winter storage ponds. The scope later expanded to over 300 million gallons to accommodate existing processors' future growth, prompting multiple contract amendments for environmental permitting, land acquisition, and coordination with federal and state regulatory agencies. The Page 68 of 245 PWRF provides pretreatment and final disposal via land application (irrigation) of food processing wastewater, significantly reducing the load on the City's municipal wastewater treatment plant and protecting Columbia River water quality. The project is being fully funded through a State Revolving Fund (SRF) low- interest loan administered by the Washington State Department of Ecology and authorized under Resolution No. 4425. As a Designated Equivalency Project (DEP), it is subject to federal requirements for labor documentation, reporting, and project to of layers complexity verification, payroll contractor adding oversight and coordination. The PWRF stores process wastewater in on-site storage ponds during the winter and pumps both new and stored process wastewater for irrigation in the spring, summer, and fall. The proposed project constructed 3 storage ponds, each with an approximate capacity of 100 million gallons, and associated site infrastructure expansion existing of the to storage additional provide for processors and for new food processing plants, such as Darigold, within the PWRF service area. Design was RH2 with executed contract was and 2021 in solicited the Engineering, Inc. on August 10, 2021. After completion of design, the Project was advertised for bids on June 9 and June 16, 2023. On August 8, 2023 four (4) bids were received and publicly opened by the City. The proposal contained one (1) bid schedule and one (1) alternative. The lowest qualified bidder was determined based on the total of both schedules. The lowest responsive bid was submitted by Tapani, Inc of Pasco, WA in the amount of $ 31,588,246.92. The Engineer's Estimate was $ 45,407,761.73. Since construction began, the project required twelve (12) Change Orders, resulting in a final construction contract cost of $32,665,050.79. Impact This project followed the Capital Improvement Projects Plan and constructed three lined ponds to add 330 million gallons of winter storage capacity for process food industrial future anticipated wastewater existing from and processors. V. DISCUSSION: Recommendation Staff recommends approval of the proposed Resolution accepting the work performed by Tapani, Inc. for the Process Water Reuse Facility, Phase 2 - Winter Storage project. Page 69 of 245 Constraints 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 Next Steps Provided the Council accepts the project, staff will complete the necessary documentation in the following weeks. Alternatives is acceptance however, the accept work; not elect may Council to recommended, as this improvement is completed under budget, refurbished damaged in infrastructure, and added additional operational ease maintenance. Page 70 of 245 Resolution - Process Water Reuse Facility, Phase 2 – Winter Storage Project Acceptance- 1 Version 1.9.26 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY TAPANI, INC, UNDER CONTRACT FOR THE PROCESS WATER REUSE FACILITY, PHASE 2 – WINTER STORAGE PROJECT. WHEREAS, the work performed by Tapani, Inc, under contract for Project No. 21298 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 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 Tapani, Inc, under contract for Project No. _21298 as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and 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 Director, Department staff, and Finance Director. Be It Further Resolved, that this Resolution shall take effect immediately. Page 71 of 245 Resolution - Process Water Reuse Facility, Phase 2 – Winter Storage Project Acceptance- 2 Version 1.9.26 PASSED by the City Council of the City of Pasco, Washington, on this ____ day of September, 2026. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Gabriela Sanchez Ogden Murphy Wallace, PLLC City Clerk City Attorney Page 72 of 245 Pasco City Council September 8, 2026 Regular Meeting Pa g e 7 3 o f 2 4 5 Acceptance of Work Process Water Reuse Facility, Phase 2 – Winter Storage September 8, 2026 Pasco City Council Pa g e 7 4 o f 2 4 5 Process Water Reuse Facility, Phase 2 –Winter Storage Pa g e 7 5 o f 2 4 5 Process Water Reuse Facility, Phase 2 –Winter Storage Pa g e 7 6 o f 2 4 5 Process Water Reuse Facility, Phase 2 –Winter Storage Construction Costs Construction Costs Engineer’s Estimate $ 45,407,761.73 Bid Award $ 31,588,246.92 Change Orders $1,076,803.87 Final Construction Cost $32,665,050.79 Pa g e 7 7 o f 2 4 5 Questions?Pa g e 7 8 o f 2 4 5 AGENDA REPORT FOR: City Council August 12, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Harold Stewart, City Manager City Manager SUBJECT: Attendance Awareness Month Proclamation I. ATTACHMENT(S): Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Grimm will read the Proclamation for "Attendance Awareness Month" scheduled for September 2026 and present the Proclamation to Dr. LoAnn Ayers, CEO of United Way of Benton and Franklin Counties. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this City. Information on how to request proclamations is available on the City's website to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. V. DISCUSSION: The Attendance Awareness Month Proclamation will be read and presented to Dr. LoAnn Ayers, CEO of United Way of Benton and Franklin Counties. Page 79 of 245 Page 80 of 245 Proclamation “Attendance Awareness Month” September 2026 WHEREAS, achievement, student to wellis attendance school regular essential -and being, graduation rates, helping students be proficient readers by third grade, have higher achievement rates in middle school, and higher graduation rates at the high school level; and WHEREAS, one out of every four students in the Pasco School District was chronically absent (missed 10% or more of school days for any reason) in the 2024-2025 school year; and WHEREAS, all students - even those who show up regularly - are affected by chronic absence because teachers must spend time reviewing for students who missed lessons; and WHEREAS, chronic absenteeism can be significantly reduced when schools, families, businesses, elected leaders, and communities work together to promote regular, on-time attendance, and to address barriers that keep children from attending school; and NOW, THEREFORE, I, Charles Grimm, Mayor of the City of Pasco, Washington, do hereby proclaim September 2026 as “Attendance Awareness Month” and encourage all residents to continue building a community culture that ensures our children have an equal opportunity to learn, grow, and thrive as they gain the knowledge and skills needed for high school graduation, the essential pathway to careers in our region. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 8th day of September 2026. Charles Grimm, Mayor City of Pasco Page 81 of 245 AGENDA REPORT FOR: City Council August 12, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Harold Stewart, City Manager City Manager SUBJECT: Suicide Prevention Month Proclamation I. ATTACHMENT(S): Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Month" Prevention "Suicide for Proclamation the read will Grimm Mayor scheduled for September 2026 and present the Proclamation to Chris Jensen of Benton Franklin Suicide Prevention Coalition. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this City. Information on how to request proclamations is available on the City's website to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. V. DISCUSSION: The Suicide Prevention Month Proclamation will be read and presented to Chris Jensen of Benton Franklin Suicide Prevention Coalition. Page 82 of 245 Page 83 of 245 Proclamation “Suicide Prevention Month” September 2026 WHEREAS, suicide is a serious public health concern that impacts individuals, families, friends, workplaces, schools, and communities, including here in the City of Pasco; and WHEREAS, suicide prevention requires a community-wide commitment to awareness, education, early identification, access to support, and reducing the stigma associated with mental health challenges and seeking help; and WHEREAS, mental health concerns, substance use, grief, trauma, isolation, financial stress, spiritual problems and other life circumstances that can increase vulnerability to suicidal thoughts and behaviors; and WHEREAS, suicide can affect people of all ages and backgrounds, and effective prevention requires compassionate support that recognizes the unique experiences and needs of youth, adults, older adults, veterans, families, and others throughout our community; and WHEREAS, strong connections among healthcare providers, schools, community organizations, first responders, faith communities, employers, families, and residents can help recognize warning signs, encourage early intervention, connect individuals with resources, and support those impacted by suicide loss; and WHEREAS, Suicide Prevention Month provides an opportunity for our community to reaffirm that seeking help is a sign of strength and that each of us can play a role in creating a community where people feel valued, supported, and connected; NOW, THEREFORE, I, Charles Grimm, Mayor of the City of Pasco, Washington, do hereby proclaim September 2026 as “Suicide Prevention Month” and encourage all residents to increase awareness, learn the warning signs of suicide, support those who may be struggling, and help foster a community of compassion, connection, and hope. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 8th day of September 2026. Charles Grimm, Mayor City of Pasco Page 84 of 245 AGENDA REPORT FOR: City Council August 12, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Harold Stewart, City Manager City Manager SUBJECT: 25th Anniversary of September 11, 2001 Proclamation I. ATTACHMENT(S): Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Grimm to present the proclamation commemorating the 25th anniversary of September 11, 2001. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this City. Information on how to request proclamations is available on the City's website to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. V. DISCUSSION: September 11, 2026, marks the 25th anniversary of the terrorist attacks of September 11, 2001. Mayor Grimm will present a proclamation commemorating this solemn anniversary, honoring the nearly 3,000 lives lost, Page 85 of 245 recognizing the bravery and sacrifice of first responders and members of the armed forces, and remembering the spirit of unity demonstrated by communities across the nation in the days and years that followed. Page 86 of 245 Proclamation “25th Anniversary of September 11, 2001” September 11, 2026 WHEREAS, on September 11, 2001, our nation was struck by an enemy that rejected the moral and political foundations of Western civilization—ordered liberty, the equal dignity of every person, and a society shaped by faith, reason, and the rule of law; and WHEREAS, nearly three thousand innocent people were murdered that morning in New York, at the Pentagon, and in a field in Pennsylvania, and countless more lives were permanently altered by loss, injury, and the long consequences of that day; and WHEREAS, in the face of deliberate and ideological violence, ordinary Americans answered with uncommon courage—first responders who ran toward the danger, citizens who aided strangers, and a free people who refused to yield the inheritance previous generations had defended at great cost; and WHEREAS, the years that followed tested the resilience of the United States, yet also revealed a deeper national resolve to protect a civilization that has long been contested by forces determined to destroy it; and WHEREAS, President Ronald Reagan previously reminded us that “the ultimate determinant in the struggle now going on for the world will not be bombs and rockets, but a test of wills and ideas—a trial of spiritual resolve: the values we hold, the beliefs we cherish, the ideals to which we are dedicated”; and WHEREAS, twenty-five years later we remember the dead, honor those who served, and recognize that the contest revealed on that day did not begin in 2001 and has not ended—that free societies must still choose, in every generation, whether they will remain clear-eyed and steadfast in defense of the civilization entrusted to them; and NOW, THEREFORE, I, Charles Grimm, Mayor of the City of Pasco, Washington, on behalf of the City Council, do hereby recognize September 11, 2026 as a day of solemn remembrance in the City of Pasco, and call upon our residents to pause in gratitude for those we lost, in honor of those who sacrificed, and in firm resolve to remain worthy of the liberty, country, and civilization handed down to us. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 8th day of September 2026. Charles Grimm, Mayor City of Pasco Page 87 of 245 AGENDA REPORT FOR: City Council July 16, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Craig Raymond, Deputy Director Community & Economic Development SUBJECT: Public Hearing - Imposing a Six-Month Moratorium on Licenses and Permits related to New Data Centers, Cryptocurrency Mining Facilities, Blockchain Computing Facilities and Artificial Intelligence Computing Facilities on I. ATTACHMENT(S): Ordinance No. 4850 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING No specific Council decision or action is being requested. In accordance with to regard in hearing public a City must the 36.70A.390, RCW conduct Ordinance No. 4850, adopted on July 20, 2026, which imposed a six-month moratorium on the acceptance and processing of business licenses and/or development permit applications related to new data centers, cryptocurrency mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and other high-density computing facilities. III. FISCAL IMPACT: Fiscal: None anticipated at this time. IV. HISTORY AND FACTS BRIEF: Background: Permitting and construction of high-density computing facilities—including data centers, cryptocurrency mining operations, blockchain computing facilities, and artificial intelligence computing facilities—are rapidly expanding across the country, including in Washington State and within our region. Page 88 of 245 Under current Pasco Municipal Code, data centers are allowed by right in the I-2 and I-3 zoning districts. They are subject only to the City’s general zoning standards including but not limited to setbacks, height limits, lot coverage requirements, noise limits, and other applicable concurrency requirements. No data-center-specific conditions or regulations presently apply. 14318, Order issued government Executive the 2025, July In federal Accelerating Federal Permitting of Data Center Infrastructure and America’s Action Plan, underscoring the national economic and security significance of data center infrastructure. Impact (Other than Fiscal): This will be a matter of significant public interest and will likely generate community discussion and participation. V. DISCUSSION: Recommendation: Given the pace, scale, and complexity of data center development—and recognizing environmental demands and significant infrastructure their impacts—staff recommends that the City of Pasco develop and adopt should regulations These reflect land-use data-center-specific regulations. community values, state and federal regulatory parameters, and the realities of local infrastructure capacity. Staff emphasizes the complexity of the issues and recommends a thoughtful, deliberate approach to code development and transparent public engagement. As such, staff intends to accumulate feedback from other communities that have codified sensible, enforceable regulations that have successfully mitigated impacts that may be experienced as a result of the construction of these types of facilities, to be presented to the Pasco community and City Council. Next Steps: 1. Gather successful examples of codified data center regulations and other feedback valuable for the City Council and community members. 2. Conduct additional public meetings to gather community feedback on potential impacts and concerns. 3. Direct staff to draft and present a recommended data center ordinance no later than December 2026. 4. Council adopts ordinance and lifts moratorium no later than 6 months following adoption of the moratorium. Alternatives: 1. Council could decide to leave data centers minimally regulated by Page 89 of 245 existing Pasco Municipal Codes. Page 90 of 245 4916-5781-4717, v. 1 ORDINANCE NO. 4850 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, IMPOSING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF BUSINESS LICENSES AND/OR DEVELOPMENT PERMIT APPLICATIONS RELATED TO NEW DATA CENTERS, COMPUTING BLOCKCHAIN CRYPTOCURRENCY MINING FACILITIES, FACILITIES, ARTIFICIAL INTELLIGENCE COMPUTING FACILITIES, AND OTHER HIGH-DENSITY COMPUTING FACILITIES; SETTING FORTH PRELIMINARY FINDINGS IN SUPPORT OF THIS MORATORIUM; DECLARING AN EMERGENCY AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE; PROVIDING FOR A PUBLIC HEARING WITHIN 60 DAYS; AND PROVIDING FOR SEVERABILITY WHEREAS, Article the XI, Section 11 of authority under Council City the has Washington State Constitution, RCW 35A.63.220, RCW 36.70A.200, and RCW 36.70A.390 to regulate land uses and adopt interim zoning controls and moratoria; and WHEREAS, City the centers, cryptocurrency data applications for anticipates future mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and other high-density computing facilities, demonstrating an immediate need to evaluate whether the City's existing land use regulations adequately address these emerging uses; and WHEREAS, development the City has not previously adopted specific regulations, operational standards, or review criteria governing data centers, cryptocurrency mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and other high-density computing facilities, making it applications are new before uses these necessary to evaluate accepted and processed; and WHEREAS, the City Council finds that it is in the public interest to temporarily suspend the acceptance and processing of applications for these uses while the City evaluates appropriate zoning classifications, development standards, review procedures, and operational performance standards and surrounding land uses with compatible is future that ensure to development consistent with the City's Comprehensive Plan and long-term planning objectives; and WHEREAS, data centers, cryptocurrency mining facilities, blockchain computing and highcomputing artificial intelligence facilities, facilities, - computing are facilities density large-scale facilities that house computer servers, storage systems, and associated infrastructure for processing, storing, and distributing digital data, and which typically require substantial land area, structures, electrical power, water for cooling, and associated mechanical equipment; and WHEREAS, the development of data centers, cryptocurrency mining facilities, blockchain computing facilities, facilities, artificial intelligence computing and high-density computing demand for comput as cloud years facilities in significantly increased has recent ing, artificial intelligence infrastructure, cryptocurrency mining, blockchain computing, and digital storage has Page 91 of 245 4916-5781-4717, v. 1 grown nationally and regionally, including in eastern Washington due in part to access to low-cost hydroelectric power; and WHEREAS, data centers, cryptocurrency mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and high-density computing facilities impose unique and significant demands on local utility infrastructure, including electrical supply and water systems, which may strain existing City infrastructure and service capacity; and WHEREAS, the City's existing development regulations, zoning code, and Comprehensive Plan were not specifically designed to address the scale, characteristics, and data of centers, cryptocurrency mining facilities, blockchain computing potential impacts facilities, artificial intelligence computing facilities, and high-density computing facilities; and WHEREAS, the City Council also has determined that the City's current land use regulations may be inadequate to address the land use, environmental, infrastructure, noise, and compatibility impacts centers, cryptoc data siting associated with the and operation of urrency mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and other high-density computing facilities; and WHEREAS, the City Council finds that additional time is necessary to develop a clear review and approval process for data centers, cryptocurrency mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and high-density computing facilities, evaluate zoning regulations and development standards, evaluate public safety and compatibility considerations, and adopt interim or permanent development regulations; and WHEREAS, without a moratorium, business license and/or permit applications related to computing data centers, cryptocurrency mining facilities, blockchain facilities, artificial intelligence computing facilities, and high-density computing facilities could vest under existing regulations that do not contain criteria or review procedures; and WHEREAS, the City Council intends to study regulations for data centers, cryptocurrency mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and high-density Planning input from the Commission facilities computing with , staff, and the community; and WHEREAS, a temporary moratorium is necessary to protect the public health, safety, and welfare while the City develops appropriate regulations; and WHEREAS, a moratorium will allow the City time to study the characteristics and impacts of data centers, solicit public input, consult with affected utilities and agencies, and develop land use regulations that appropriately address data center development in a manner consistent with the City's Comprehensive Plan and community objectives; and WHEREAS, the City Council finds that the adoption of this moratorium is necessary as an emergency measure to preserve the public health, safety, and welfare and to protect the integrity of the City's land use planning process pending the development of appropriate standards; and Page 92 of 245 4916-5781-4717, v. 1 WHEREAS, this ordinance is intended to include necessary supporting recitals incorporated as findings of fact, impose a moratorium on acceptance and processing of applications related to data centers, cryptocurrency mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and high-density computing facilities, exempt vested applications, establish a six-month duration, require a public hearing within 60 days, and declare an emergency establishing an immediate effective date. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The recitals set forth above are adopted as the City Council’s initial findings of fact in support of the moratorium established by this ordinance. Section 2. Declaration of Emergency. The City Council declares this moratorium to be an emergency measure necessary for the immediate protection of public health, safety, property, and welfare. Section 3. Moratorium Imposed. Pursuant to Article XI, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the City hereby imposes a temporary moratorium on the acceptance and processing of development permit applications related to data centers, cryptocurrency mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and high-density computing facilities. This moratorium applies to, but is not limited to, business license applications, building permit applications, conditional use permit applications, site plan review applications, binding site plan applications, subdivision and short subdivision applications, pre-application conferences, and any other land-use approvals or development permit applications related to data centers, cryptocurrency mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and high-density computing facilities. Section 4. Effect on Vested Rights. This moratorium applies prospectively only and does not affect applications determined to be complete prior to the effective date of this ordinance. Section 5. Duration of Moratorium. This moratorium shall remain in effect for six (6) months from the date of adoption unless extended in accordance with RCW 35A.63.220 and RCW 36.70A.390 or replaced by interim or permanent regulations. Section 6. Public Hearing. The City Council shall hold a public hearing within sixty (60) days of adoption of this ordinance to receive public testimony and consider additional findings of fact. Section 7. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. Page 93 of 245 4916-5781-4717, v. 1 Section 8. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or regulation or laws, federal or rules, local, other reference to mistakes; clerical state, or s; numbering or referencing of ordinances or their sections and subsections. Section 9. Effective Date. This ordinance shall take effect immediately upon adoption. PASSED by the City Council of the City of Pasco, Washington this 20th day of July, 2026. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Gabriela Sanchez Ogden Murphy Wallace, PLLC City Clerk City Attorney Published: Sunday, July 26, 2026 Page 94 of 245 AGENDA REPORT FOR: City Council August 18, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Craig Raymond, Deputy Director Community & Economic Development SUBJECT: Public Hearing - Amending Pasco Municipal Code 25.10.025 "Cannabis Retail Facilities" I. ATTACHMENT(S): DRAFT Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING III. FISCAL IMPACT: An additional operating cannabis retailer would increase the City’s share of the State Retail Sales Distribution over time. In Fiscal Year 2025, the City received approximately $41,650 through that distribution from existing four licenses. The applicant’s economic brief projects year-one pre-tax retail sales of $2.4–$3.6 million and 10–15 local jobs at opening, which would generate additional State excise tax and local sales tax revenue attributable to activity within the City. IV. HISTORY AND FACTS BRIEF: Background On July 27, 2026, during a City Council Workshop, staff presented an overview of current City's the framework, licensing retail cannabis Washington's regulations under PMC 25.10.025, cannabis revenue received by the City, and the policy options available to Council. Following discussion, Council directed staff to increase the City's cannabis retail density limit from four (4) to five (5) licenses and to establish future increases based on a population standard of one (1) license per 30,000 residents. Separately, the City received a formal submission package from Compas LLC (dba Compas Cannabis Company), a locally owned Washington limited liability company owned by Zachary Fairley, providing notice of its pending Page 95 of 245 Washington State Liquor and Cannabis Board (WSLCB) Social Equity cannabis retail license application (Application No. 445257). Compas LLC and WSLCB has requested the City's affirmative consent through the WSLCB Local Authority Notice. Compas' application is filed under the WSLCB Social Equity in Cannabis Program established pursuant to RCW 69.50.335 and implemented through WAC retail issue to WSLCB 314-55-570. authorizes program That the cannabis licenses above the standard population-based local allotment, subject to local input. Under PMC 25.10.025, the City currently maintains a cannabis retail density limit of four (4) licenses (three retail facilities, or four if one is licensed All currently four Program). the Social State's through Equity authorized licenses are in operation. Consistent with Council's July 27, 2026 direction, staff has prepared an ordinance amending PMC 25.10.025 to revise this density limit from four (4) to five (5) licenses, with two (2) licenses authorized through the State's Social Equity Program. Impact (other than fiscal) None. V. DISCUSSION: Recommendation Staff requests that the City Council conduct the public hearing, consider testimony received and provide any additional direction to staff as may be desired. Constraints (time or other consideration)  The City’s current PMC 25.10.025 density limit of four (4) remains in effect until amended; the code amendment to five (5) should proceed in parallel so the City’s regulations and consent are consistent.  The City cannot independently issue cannabis retail licenses; issuance remains subject to WSLCB approval through the Social Equity Program. Next Steps  Staff will present the Ordinance amending PMC 25.10.025 for final action on September 21, 2026, for Council to consider for final action.  Staff will complete the SEPA review process and monitor comments from Department of Commerce as required. Alternative  Take no action. Any business licenses for cannabis would not be approved under current code. Page 96 of 245 4896-4428-2820, v. 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 25.10.025 "CANNABIS RETAIL FACILITIES" OF THE PASCO MUNICIPAL CODE; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Pasco ("City") is a non-charter code city duly organized and existing under the laws of the State of Washington; and WHEREAS, the State of Washington licenses the retail sales of cannabis per RCW 69.50.325; and WHEREAS, Pasco Municipal Code ("PMC") Section 25.10.025 establishes regulations governing the number and location of cannabis retail facilities within the City; and WHEREAS, the City restricts the number of retail cannabis licenses to three or four if one of the retail cannabis licenses was obtained through the State’s Social Equity Program as defined in RCW 69.50.335; and WHEREAS, The Council now desires to increase the number of retail licenses obtained through the Social Equity Program from one to two, increasing the total number of retail cannabis licenses in the City from four to five; and WHEREAS, the Washington State Legislature established the Social Equity in Cannabis Program regulated in the equity applicants to participate for opportunities to increase social cannabis industry and to address harms resulting from the historical enforcement of cannabis prohibition laws; and WHEREAS, RCW 69.50.335 authorizes the Washington State Liquor and Cannabis Board to issue or reissue qualifying cannabis licenses to social equity applicants, subject to the requirements of state law and implementing regulations; and WHEREAS, the proposed amendment would accommodate an additional cannabis retail location within the City when the associated retail cannabis license is obtained through the State's Social Equity in Cannabis Program, while maintaining the City's existing regulations governing the location and operation of cannabis retail uses; and WHEREAS, it is the intention of the Council to revisit the limit on cannabis retail licenses as the City expands and population growth increases demand for additional cannabis retail licenses; and WHEREAS, on August 6, 2026 the City submitted the draft amendment to PMC 25.10.025 to the Department of Commerce for their review pursuant to RCW 36.70A.106; and WHEREAS, on September 8, 2026 the City held a public hearing and took both oral and written public comment on the proposed amendment; and Page 97 of 245 4896-4428-2820, v. 1 WHEREAS, the City Council has determined that it is in the best interest of the City, its residents, and the public health, safety, and welfare to amend PMC 25.10.025; and WHEREAS, the City Council finds that the amendments set forth herein are consistent with the City's Comprehensive Plan and applicable state law, including Chapter 69.50 RCW and Chapter 314-55 WAC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment. Pasco Municipal Code Section 25.10.025, entitled "Cannabis Retail Facilities," is hereby amended to read in its entirety as set forth below, with additions shown as underlined text and deletions shown as strikethrough text: 25.10.025 Cannabis retail facilities. Cannabis retail facilities as defined in PMC 25.15.050 may be allowed when licensed by the City and in accordance with state law in those zoning districts identified in this title, subject to the following: (1) Notwithstanding the number of zoning districts identifying cannabis retail facilities as permitted uses, the total number of cannabis retail facilities allowed in the City shall not exceed three in total for the whole City, or not exceed four five in total for the whole City if one two of the cannabis retail facilities located within the City is licensed by the State of Washington as a social equity licensee. (2) Except as provided in subsection (3) of this section, a cannabis retail facility may not be located within 1,000 feet of the perimeter of the grounds of any of the following entities/uses: (a) Elementary or secondary school; (b) Playground; (c) Recreational center or facility; (d) Child care center; (e) Public park; (f) Public transit center; (g) Library; or (h) Any game arcade where admission is not restricted to persons age 21 or older. For purposes of these standards, these uses are defined in Chapter 314-55 WAC, as amended. Page 98 of 245 4896-4428-2820, v. 1 (3) As provided in RCW 69.50.331 and WAC 314-55-050, the City finds that the reduction in buffers for recreation centers or facilities, child care centers, public parks, public transit centers, libraries, and game arcades where admission is not restricted to persons age 21 or older, will not negatively impact the City's civil regulatory enforcement, criminal law enforcement interests, public safety, or public health. Therefore, the City establishes the following buffers for cannabis retailers for legal conforming lots bounded by North 5th Avenue, West Clark Street, North 2nd Avenue, and West Columbia Street, as stated below: (a) Recreation center or facility – 100 feet; (b) Child care center – 100 feet; (c) Public park – 100 feet; (d) Public transit center – 100 feet; (e) Library – 100 feet; (f) Any game arcade where admission is not restricted to persons age 21 or older – 100 feet. For purposes of these standards, these uses are defined in Chapter 314-55 WAC, as amended. (4) The owner or operator of a cannabis retail facility shall have the responsibility to demonstrate that said facility is in compliance with the distance requirements of this section at the time of the approvals of its applications to the Washington State Liquor and Cannabis Board and the City for its initial license. (5) Measurement. (a) The measurement of the separation distance in subsections (2) and (3) of this section shall be measured as the shortest straight-line distance from the property line of the applicable cannabis retail facility to the property line of the entities/uses listed in subsections (2) and (3) of this section. (b) The owner, tenant or operator of a protected use specified in subsections (2) and (3) of this section shall not benefit from the separation requirements of this section if the owner, tenant or operator subsequently chooses to locate within the required separation distance from a lawfully located cannabis retail facility. Section 2. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 3. Corrections. Upon approval of the City Attorney, the City Clerk or the code reviser is authorized to make necessary corrections to this Ordinance, including the correction of Page 99 of 245 4896-4428-2820, v. 1 scrivener's or clerical errors, references, ordinance numbering, section and subsection numbers, and any references thereto. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of ____________, 20__. CITY OF PASCO, WASHINGTON _______________________________ Mayor Charles Grimm ATTEST: _______________________________ City Clerk Gabriela Sanchez APPROVED AS TO FORM: _______________________________ Ogden Murphy Wallace City Attorney Page 100 of 245 AGENDA REPORT FOR: City Council March 16, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Public Hearing - Targeted Urban Area (TUA) Tax Exemption Program I. ATTACHMENT(S): Proposed Industrial Zone Map Draft Application II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing III. FISCAL IMPACT: Unknown IV. HISTORY AND FACTS BRIEF: Background Targeted Urban Areas (TUA’s) are a new recruitment, retention, and expansion tool available in Washington per Chapter 84.25 of the Revised Code of Washington. It allows cities and counties to offer certain exemptions from property taxes for up to ten years the value of new construction of industrial and manufacturing facilities in qualifying designated geographic areas. exemption tax property (TUA) Urban Targeted State's Washington Area program, codified under Chapter 84.25 RCW became effective July 1, 2022. The and program's stated purpose is to encourage new manufacturing industrial development on undeveloped or underutilized lands zoned for those uses. It does so by allowing cities and counties to exempt the value of newly constructed manufacturing facilities from property taxation for a period of ten years. The exemption applies only to the improvement value of qualifying new construction; land value and non-manufacturing-related improvements such as administrative offices are not included. Page 101 of 245 To qualify, a company must: 1. Certify that the availability of the tax exemption is the deciding factor in choosing to locate in Washington State; commonly referred to as the "but-for" test. 2. jobs family-living-wage new of minimum 25 creating to Commit a averaging at least $23 per hour with health care benefits, construct a minimum of 10,000 square feet of new manufacturing space (not an addition to an existing structure) 3. Meet a minimum improvement value of $800,000 as defined under U.S. Department or E Division (Manufacturing) of Division Labor D (Transportation) classifications. City of Richland was the first jurisdiction in Washington to implement the TUA exemption, adopting its program in early 2023. Benton County subsequently followed by adopting a matching TUA boundary, a coordination that proved administratively essential, as the two jurisdictions learned that non-identical boundaries create significant implementation complications. Council directed staff to move forward with legal steps to implement TUA during April 13, 2026 Council Workshop meeting where Stephen McFadden from Port of Pasco, John Rosenau from Franklin County Assessor, and Amanda Wallner from City of Richland provided their expert opinion on the matter. Additionally, City staff contacted Franklin County to gauge its interest in partnering with the City to establish matching TUA boundaries, which would streamline implementation of the program. To date, no response has been received from the County. On July 20, 2026 declared intent to designate portions of the city’s industrial zones as a Targeted Urban Area for the purpose of an industrial and manufacturing tax exemption and established a public hearing on Tuesday, September 8, 2026. Impact (other than fiscal) Adopting a Targeted Urban Area designation would position Pasco as a more competitive destination for manufacturing investment at a time when the region's industrial land supply represents a meaningful economic development asset. The program directly advances the Council's goal of expanding family- wage the a to exemption tying employment Pasco in opportunities by mandatory job creation threshold. Because the exemption applies only to new construction value and does not reduce any existing assessed value on the tax rolls, no current property owner or taxing district experiences a loss of existing revenue. shift: tax a produce property program the However, does Washington's levy rate system means that exempting new assessed value from the pool effectively spreads the existing levy, causing a rate increase for other impact, property owners during the exemption period. This while generally small at the individual level, is real and should be communicated transparently to the public should Council elect to move forward. The overall Page 102 of 245 tax shift impact on the broader property-owning population varies depending on several factors, including the value of any property tax exemptions granted to the manufacturing company, the assessed valuation of individual properties, and changes to the City's property tax rate over the relevant period. V. DISCUSSION: Recommendation Staff recommends Council conduct the public hearing as requested. Constraints Two implementation constraints deserve Council's attention before proceeding. 1. Franklin County Assessor's Office is currently engaged in implementing Tax Increment Financing (TIF) within their assessment software, and that system does not currently support the TUA program. Should the City move forward, the County will need to engage their software vendor to develop TUA compatible functionality, a process that may introduce lead time between Council action and full program implementation. 2. Experience shared by the Benton County Assessor's Office underscores that the City's TUA boundary and the County's TUA boundary must be identical for the program to function effectively. Misaligned boundaries create administrative complexity and risk of error that could undermine the program's credibility with prospective applicants. As mentioned above, City has not received a response from the County on this matter. Next Steps If Council provides direction to proceed, City will take the following steps in sequence. 1. Identify contiguous parcels within City limits that are zoned for industrial and definition statutory the of and uses manufacturing meet undeveloped or underutilized land. - Completed 2. Initiate direct engagement with Franklin County Assessor's Office and the TUA shared a align on Commissioners County of Board to and boundary, discuss the County's software readiness timeline, determine whether the County intends to adopt a parallel resolution extending the exemption to county property taxes. - Completed 3. Once those foundational elements are in place, staff will return to Council with a proposed Resolution of Intent to designate the Pasco TUA and schedule the required public hearing. The public hearing notice must be published for two consecutive weeks, no more than 30 days before the hearing date. - In progress. 4. Additional outreach to community if Council desires. 5. Final Council action in the form of an ordinance or resolution formally establishing the Pasco Targeted Urban Area would follow the public hearing. Page 103 of 245 6. Staff prepares a program plan for Council review to outline program process from application to tax exemption. Alternatives: 1. Take no action at this time, preserving the ability to revisit the program at a future date. Page 104 of 245 C O LUM B IA R I V E R S N A K E R I V E R N 3 R d A v e E Ain s w o r t h A v e Us 3 9 5 S U S 3 9 5 S U S 3 9 5 N Ja s o n A v e N 2 4 T h A v e W C l a rk St S 2 8 Th A ve E Hillsboro St N 4 Th A v e W A S t W Colum b i a S t W Pearl St Ro a d 4 4 W Wernett Rd Herita g e B l v d E B roadway S t E Lewis St Ro a d 3 6 S 1 0 T hAve N 5 T h A v e E Do c k S t SOreg o n A v e N O r e g on Ave N 1 4 Th A ve N R a i l r o a d A v e W Court St I n d u s t r i a l Way Pasc o K a h l o t u s R d Clark Rd G l a d e N o r t h R d N Capitol Av e US 3 9 5 N N 20Th Ave W Le w i s S t NCo m m ercia l A v e I-18 2 E I-182 W U S 1 2 E U S 1 2 W nTargeted Urban Area =oning Legend Roads Major Minor TUA City Limits Urban Growth Areas Parcels EXHIBIT A Page 105 of 245 City of Pasco | 525 N. 3rd Avenue, Pasco, WA 99301 | 509-544-3080 | www.pasco-wa.gov | Page 1 of 3 Property Tax Exemption Application for Industrial and Manufacturing Uses Targeted Urban Area Program — Chapter 84.25 RCW Complete every section. Incomplete applications cannot be processed. Attach additional pages where more space is needed. FOR CITY USE ONLY Date received Application # Fee paid $ Receipt # Received by Complete ☐ Y ☐ N PROPERTY INFORMATION Project name Property owner Site address Tax parcel ID number MAIN CONTACT Applicant name Title Company Mailing address City, state, ZIP Work phone Mobile phone Email PROJECT INFORMATION Standard Industrial Classification (SIC) SIC – D: Manufacturing # SIC – E: Transportation # Anticipated construction start Project description Attach additional pages if needed. Page 106 of 245 City of Pasco | 525 N. 3rd Avenue, Pasco, WA 99301 | 509-544-3080 | www.pasco-wa.gov | Page 2 of 3 Total project cost Industrial/manufacturing uses only Total building costs $ $ $ Square footage of existing building Proposed exemption square footage (new buildings only) Total building square footage (upon completion) EMPLOYEE INFORMATION 1. Will the business offer healthcare benefits to employees at the facility? ☐ Yes ☐ No 2. How many permanent, full-time (2,080 hours/year) positions will the project create? _____________ 3. How many of the new positions will pay a family living wage of $[__.__] per hour or more? _____________ 4. Will the business compensate construction workers at prevailing wage rates? ☐ Yes ☐ No 5. Will the business procure from or contract with women-owned, minority-owned or veteran- owned businesses? ☐ Yes ☐ No 6. Will the business procure from or contract with entities that have a history of compliance with federal and state wage and hour laws and regulations? ☐ Yes ☐ No 7. Will the business use apprentices from state-registered apprenticeship programs? ☐ Yes ☐ No 8. Will the business provide preferred entry for workers living in the area where the project is constructed? ☐ Yes ☐ No 9. Will the business maintain labor standards for workers employed primarily at the facility after construction is complete, including production, maintenance and operational employees? ☐ Yes ☐ No 10. Is the subject parcel located within the boundary of the City of Pasco’s designated targeted urban area? ☐ Yes ☐ No EXEMPTION CERTIFICATIONS Initial each statement by checking the box. Your acknowledgement below indicates your understanding of each certification. ☐ I understand the potential tax liability involved when the property ceases to be eligible for the incentive provided under Chapter 84.25 RCW. ☐ The project meets the industrial/manufacturing requirements described in Chapter 84.25 RCW. ☐ There are no existing building improvements on the portion of the property targeted for the tax exemption. ☐ I understand that new construction of industrial/manufacturing facilities must meet all of the City of Pasco’s construction and development regulations. ☐ I understand that this exemption applies only to the City’s portion of property taxes related to the building improvements. The improved valuation of the land, and the taxing authority of other jurisdictions, are not part of this tax incentive program. ☐ I understand that I will be required to enter into and abide by an agreement with the City of Pasco to implement the program requirements of Chapter 84.25 RCW. ☐ I understand that construction of the industrial/manufacturing facility must be completed within three (3) years from the date the application is approved. Page 107 of 245 City of Pasco | 525 N. 3rd Avenue, Pasco, WA 99301 | 509-544-3080 | www.pasco-wa.gov | Page 3 of 3 ☐ I understand that the value of new construction of industrial/manufacturing facilities is exempt under Chapter 84.25 RCW for ten (10) consecutive years, beginning January 1 of the year immediately following the calendar year a certificate of tax exemption is issued. I further understand that there are no extensions of this 10-year timeframe. ☐ I understand that the City of Pasco’s decision regarding the tax exemption is final. ☐ I understand that the City will require certification of project completion. ☐ I understand the requirement to report the number of jobs created annually for the duration of the exemption. ☐ I certify that this project would not have been built in Pasco but for the availability of this tax exemption. ACKNOWLEDGEMENT My signature below certifies that I am the property owner, or the legal agent of the property owner with lawful authority to submit this application. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Printed name Title Signature Date Signed at (city, state) WHAT HAPPENS NEXT If the City approves your application, we will issue a conditional certificate of acceptance of the tax exemption within 90 days after we receive it. The certificate will include a statement by a duly authorized administrative official of the City of Pasco that the property has complied with the requirements of Chapter 84.25 RCW. You may appeal a denied application to the Pasco City Council within 30 days of the denial. The appeal must be based on the existing record. The applicant bears the burden of proving that the City’s decision was not supported by substantial evidence. The City Council’s decision on appeal is final. WHERE TO SUBMIT Deliver or mail to City of Pasco, Community & Economic Development, 525 N. 3rd Avenue, Pasco, WA 99301 Email draft@pasco-wa.gov Questions Call 509-544-3080 and ask for Community & Economic Development. Information submitted with this application may be subject to public disclosure under Chapter 42.56 RCW. Page 108 of 245 AGENDA REPORT FOR: City Council July 13, 2026 TO: Harold L. Stewart II, City Manager City Council Regular Meeting: 9/8/26 FROM: Craig Raymond, Deputy Director Community & Economic Development SUBJECT: Public Hearing & Ordinance No. 4855 - Portion of Road 108 ROW Vacation (VAC2026-002) (5 minute staff presentation) I. ATTACHMENT(S): Ordinance 4855 Exhibit A, B & C AFN 1918957 AFN 1956207 Preliminary Plat Minor Adjustment Memo Resolution 4772 Setting Meeting Date and Time for Public Hearing Right-of-Way Vacation Petition Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4855, vacating a portion of the Road 108 public right-of-way dedicated under Auditor's File Nos. 1918957 and 1956207, and authorize publication by summary only. III. FISCAL IMPACT: While approximately 6,316 square feet of existing public right-of-way will be vacated, replacement right-of-way will be dedicated as part of the approved Road 108 realignment. As a result, the proposed vacation is not anticipated to have a negative fiscal impact on the City. IV. HISTORY AND FACTS BRIEF: Introduction: The actions requested of the City Council are to conduct a public hearing and Page 109 of 245 consider adoption of an ordinance vacating a portion of the Road 108 public right-of-way. The proposed vacation is necessary to implement the approved Road 108 realignment, which will better accommodate future development while preserving the City's planned transportation network. Background: On August 3, 2026, the City Council approved Resolution No. 4772, setting this public hearing to consider the proposed vacation of a portion of the Road 108 public right-of-way. Since that time, staff has completed its review of the petition and determined that the proposed vacation is consistent with the applicable review criteria of PMC Chapter 12.40. The proposed vacation is necessary to implement the approved Road 108 realignment associated with Barker Ranch 1st Addition Phase 4 and the proposed Wilson Meadows Preliminary Plat. The existing right-of-way is no longer needed for roadway purposes because replacement right-of-way will be dedicated through a separate process to accommodate the revised roadway alignment and preserve the City’s planned transportation network. Within the immediate area affected by the proposed vacation, the resulting total right-of- way is anticipated to be approximately 70 feet wide and 340 feet long, inclusive of existing and replacement right-of-way. Impact (other than fiscal): Approval of the proposed vacation will remove approximately 6,316 square feet of excess public right-of-way that is no longer needed for roadway purposes. The proposed vacation will not create any landlocked parcels, impair legal or physical access to adjoining properties, or adversely affect the City's planned transportation network. The future Lane F connection to Road 108 is not included in the proposed vacation and will remain available to accommodate future development. V. DISCUSSION: Recommendation: Pursuant to PMC 12.40.030(1)(e), which references PMC 12.40.120(2), the City may require the petitioner to provide an appraisal and compensate the City for the value of the right-of-way proposed for vacation. These requirements may be waived, in whole or in part. Staff recommends waiving the appraisal and compensation requirements because replacement public right-of-way will be dedicated as part of the approved Road 108 realignment, preserving the City's planned transportation Page 110 of 245 corridor. Following the public hearing, staff recommends that the City Council adopt the ordinance vacating the proposed portion of Road 108 public right-of-way. Constraints (Time or other considerations): Resolution No. 4772 scheduled the required public hearing for September 8, 2026. Following completion of the public hearing, the City Council may consider adoption of the proposed ordinance vacating the identified portion of the Road 108 public right-of-way. Staff Analysis: As part of staff's review, the proposed right-of-way vacation was evaluated against the criteria contained in PMC 12.40.070. Staff finds the proposal is consistent with the applicable review criteria and supports consideration of the vacation by the City Council. 1. The proposed vacation will not adversely affect traffic circulation or public access. The existing right-of-way is no longer needed due to the approved realignment of Road 108, and replacement right-of-way will be dedicated through a separate process to maintain the roadway connection to future development north of the site. 2. The subject right-of-way is not anticipated to be needed for future transportation purposes because the revised alignment of Road 108 will continue to accommodate the City's planned transportation network. 3. any or parcels landlocked create vacation will proposed The not substantially impair legal or physical access. The affected property will continue to have access from Lane F and the realigned Road 108. 4. Staff further finds that the proposed vacation is consistent with the public interest. The area proposed for vacation consists of approximately 6,316 square feet of excess right-of-way that is no longer required for public roadway purposes. Vacating this area will allow it to be incorporated into the adjoining property while preserving the public roadway network through the dedication of replacement right-of-way. Next Steps: Following adoption of the ordinance, City staff will coordinate with the 108 Road approved ensure to the affected other and applicants parties realignment is completed. Development Services will serve as the City's liaison to realignment, Public Works to facilitate implementation of the roadway including the dedication of replacement right-of-way. Page 111 of 245 The ordinance will then be recorded with the Franklin County Auditor, completing the formal vacation process. The petitioners will be notified of the City Council's decision, and the vacated right-of-way will be incorporated into the adjoining property in accordance with the approved Road 108 realignment. Upon completion of the roadway realignment and associated right-of-way dedication, Barker Ranch 1st Addition Phase 4 is anticipated to proceed toward final plat recording. The vacated right-of-way will be incorporated into the affected lots and tract identified in the approved Phase 4 plat, consistent with the approved roadway realignment. Alternatives: Although PMC Section 12.40.070 does not explicitly identify denial criteria, the City Council retains the authority to deny the proposed right-of-way vacation if findings support such a decision. Denial would retain the right-of-way in public ownership for potential future use; however, it may limit the efficient development and coordinated use of the surrounding properties, particularly given the planned roadway realignment. Page 112 of 245 Ordinance – Vacation No. VAC2026-002 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING A PORTION OF THE ROAD 108 PUBLIC RIGHT-OF-WAY DEDICATED UNDER AUDITOR’S FILE NOS. 1918957 AND 1956207; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way (ROW); and WHEREAS, a petition for vacation of a portion of the Road 108 right-of-way dedicated under Auditor’s File Nos. 1918957 and 1956207 has been submitted to the City by owners of more than two-thirds of the properties abutting the portion of the right-of-way to be vacated per Pasco Municipal Code (PMC); and WHEREAS, on August 3, 2026, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4772, initiating the vacation procedures and setting a public hearing for the proposed vacation; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the City’s intent to vacate the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on September 8, 2026; and WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report, and an appraisal of value and compensation unless waived by the City Council; and Page 113 of 245 Ordinance – Vacation No. VAC2026-002 - 2 WHEREAS, pursuant to PMC Section 12.40.120(2) the City may waive the requirement report title a for , compensation if and of an appraisal value following are the of more one or applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the Council had previously determined that the right-of-way is not essential to public traffic circulation vacation available for is and substitute right of a the ; grant -of- a value as has way right-of- right the at least equal to way -of- vacated; to the resulting benefit the or way to be community of the project requiring the vacation outweighs the appraised value of the right-of- way to be vacated; and WHEREAS, the proposed vacation does meet the above listed criteria for waiver of the requirements for an appraisal of value and compensation pursuant to PMC Section 12.40.120(2) as it was acquired without cost to the City and the resulting benefit to the community, in terms of increased traffic radius, will outweigh any value turn the of safer direct result a as safety of vacated right-of-way; and WHEREAS, the City Council may approve a right-of-way vacation upon making findings pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right-of-way will not adversely affect traffic accessibility and circulation within the immediate area or with the City as a become no abutting property will use; for future contemplated or not is whole; needed landlocked or have access substantially impaired; and the public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose; and WHEREAS, the City Council finds that the required criteria of the PMC Section 12.40.070(1)-(4) have been met; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a portion of right-of-way, as described below and as further described in Exhibit A, depicted in Exhibit B, and further described by the Curve Table in Exhibit C, all attached hereto, be and the same is hereby vacated; A VARIABLE WIDTH PORTION OF ROAD 108 RIGHT-OF-WAY DEDICATED PER SHORT PLAT NUMBER 2020-22 RECORDED IN VOLUME 2 OF SHORT PLATS AT PAGES 361-362 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1918957 AND PER DEDICATION DEED TO FRANKLIN COUNTY RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956207, LOCATED IN THE AND THE QUARTER THE SOUTHWEST QUARTER NORTHEAST OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP THE 9 NORTH, RANGE 29 EAST OF WILLAMETTE Page 114 of 245 Ordinance – Vacation No. VAC2026-002 - 3 MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 6, MARKED BY A 2-1/2 INCH ALUMINUM CAP STAMPED: "SURVEYJOE LS 20100532", BEING THE FROM 2660.55 FEET OF EAST A 00°55'29" NORTH DISTANCE SOUTH QUARTER CORNER OF SAID SECTION 6, MARKED BY A 3 INCH BRASS CAP, THENCE NORTH 89"18'23" EAST ALONG THE NORTH LINE OF A OF DISTANCE 6 SECTION OF QUARTER SOUTHEAST THE SAID 30.01 FEET TO THE EAST RIGHT-OF-WAY MARGIN OF SAID ROAD 108; THENCE RIGHT SOUTH 00°55'29" WEST ALONG SAID EAST -OF-WAY MARGIN A DISTANCE OF 160.94 FEET; THENCE SOUTH 89°22'44" WEST A DISTANCE OF 7.53 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS ALONG SAID CURVE, THENCE OF 20.00 FEET; HAVING AN ARC LENGTH OF 28.77 FEET, WITH A DELTA ANGLE OF 82"25'05", A 49"24'44" WEST, NORTH AND BEARING CHORD OF A CHORD LENGTH OF 26.35 FEET; THENCE NORTH 08"12'11" WEST A DISTANCE OF 67.75 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 480.04 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 76.50 FEET, WITH A DELTA OFANGLE 03"38'16" NORTH OF WEST, CHORD 09°07'49", A BEARING AND A CHORD LENGTH OF 76.42 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 6; THENCE NORTH 89°19'04" EAST ALONG SAID NORTH LINE A DISTANCE OF 14.65 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A VARIABLE WIDTH PORTION OF ROAD 108 RIGHT-OF-WAY DEDICATED PER SHORT PLAT NUMBER 2020-22 RECORDED IN VOLUME 2 OF SHORT PLATS AT PAGES 361-362 UNDER FRANKLIN IN THE LOCATED COUNTY AUDITOR'S NUMBER FILE 1918957, NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP WILLAMETTE OF EAST THE RANGE NORTH, 9 29 MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 6, MARKED BY A 2- 1/2 20100532", INCH ALUMINUM CAP STAMPED: "SURVEYJOE LS BEING NORTH 00°55'29" EAST A DISTANCE OF 2660.55 FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 6, MARKED BY A 3 INCH BRASS CAP, Page 115 of 245 Ordinance – Vacation No. VAC2026-002 - 4 THENCE NORTH 89"18'23" EAST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6 A DISTANCE OF 30.01 FEET TO THE EAST RIGHT-OF-WAY MARGIN OF SAID ROAD 108; THENCE RIGHTSAID EAST SOUTH 00"55'29" WEST ALONG -OF-WAY MARGIN A DISTANCE OF 224.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST ALONG SAID CONTINUING SOUTH 00"55'29" WEST RIGHT-OF-WAY MARGIN A DISTANCE OF 114.51 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, POINT WHICH OF THE RADIUS 771.32 OF RADIUS HAVING A FEET; BEARS SOUTH 89"22'56" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 95.45 FEET, WITH A DELTA ANGLE OF 07"05'26", A CHORD BEARING OF NORTH 04"09'47" WEST, AND A CHORD LENGTH OF 95.39 FEET TO A POINT OF REVERSE CURVATURE TURNING TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, THENCE ALONG SAID CURVE, DELTA WITH A FEET, 22.41 LENGTH ARC HAVING AN OF ANGLE OF 64"10'47", A CHORD BEARING OF NORTH 24"22'54" EAST, AND A CHORD LENGTH OF 21.25 FEET TO THE TRUE POINT OF BEGINNING. HAVING TOTAL COMBINED AREA OF 6,316 SQUARE FEET, 0.14 A ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. Section 2. That pursuant to PMC Chapter 12.40, the City Council hereby waives the requirements for an appraisal and compensation for the vacated right-of-way. Section 3. That a certified copy of this Ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the Ordinance, code reviser are authorized to make necessary corrections to this including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Page 116 of 245 Ordinance – Vacation No. VAC2026-002 - 5 Section 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 202_. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Gabriela Sanchez Ogden Murphy Wallace, PLLC City Clerk City Attorney Published: _____________________________ Page 117 of 245 LU LHDI H UIQ 6,MARKEDB Y IHI‘IUE Ul'LUUU. 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HE I R AN D DE V I S E E JO Y CEGE R T R U D E BA R K E R . WH O AL S O AP P E A R S AS JO Y C E EL E A N O R BA R K E R . DE C E AS E D . HA 8SI G N E D TH I S SH O R T PL A T . ONOA T H ST A T E D TH A T TH E Y AR E AU T H O R I Z E D TO EX E C U TE TSH O R TPL A T AN D AC K N O W L E D G E D TTASTH E I R FR E E AN D VO L U N T A R Y AC T OF SU C H P FTH EUS E S PU R P O S E S ME N T T O N E D ON TH I S SH O R T PL A T . -25 2 0 . 7 0 N TA R YP U SL I C A BO B B I KDO D S O N NO T A R Y PU B L I C AC K NO ED GM EN su m : OFWA S H I N G T O N CO M M I S S I O N EX P I R E S ST A T E JU L Y 29 . 20 2 1 CO U N T YI CE R ‘ IT F Y T H A TIKN O W ORHA V E SA T I S F A C T O R Y EV I D E N C E TH A T BR U C E SC H R O E R . 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DA T E NO AR Y U B LI C MY A P P OI N T M EN T EX P I R E S 2’3 9 3& 2 IRE S I D I N «I n / 1 0 1 . 0 CL I E N T : BA R I T E R T R I J S T PR O J E C T No . 1 mPI S En g l n o o d n g In d Mo m — m l In ;mm ww m sm o e SU R V E Y O R : AL E X D I M A T A R A Z m DA T E 08 1 2 m m MM W A DD W we “ : An n DR A W N B V : wa SC A L E : N/ Amo m z mm sa c r u m : onRA N C E : 23 w pl a n s - n u n cr r v : PA s c o aH E E T i OF _L TO W N S H IP : oiNO R T H WU N T V: FR AN KL I N Pa g e 1 2 6 o f 2 4 5 %AL 0 PY FRANKLINCOUNTY RECORDING COVER SHEET NAMEAND RETURN ADDRESS: Tippett Company of Washington,LLC PO.Box 3027 Pasco WA 99302-3027 FORM COMPLETEDBY:Ki”Shaffer PHONE #509-521-9133 PLEASE PRINT OR TYPE INFORMATION: DOCUMENTTlTLEtS)(or transaction contained therein) 1,Acceptance of Dedication Deed from Pasco School District-FranklinCo.Resolution No.2021-262 2. 3. GRANTOR(S)(Last name,?rst name.middle name/initials): 1,Pasco School District No.1 2. 3. 4.E]Additional names on page of document GRANTEEtS)(Last name,first name.middle name/initials): 1 ranklin CountyumI:IEIII A C O D ‘Ag?ltional?ames on_page LEGAL DESCRIPTION (Abbreviated:ie.lot.block,plat or section,township.range) Ptn.SP 2016-14 L071 E]Additionallegal is on page of document AUDITOR'S REFERENCE NUMBERtS) 1849367 ASSESSOR'S PROPERTY TAX PARCEL NUMBER#5430041 [3 Additionalparcel numbers on page of document The Auditor/Recorder willrely on the information provided on this form.The staff willnot read the document to verify the accuracy or completeness of the indexing information EMERGENCYNONSTANDARDREQUEST I am requesting an emergency nonstandard recording for an additionalfee of $50.00 as provided in RCW 36.18.0113.I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date AFN #1956207 DEDIC Recorded 02/14/2022 01:58 PM Page:1 of 5 Filing Instrumen $207.50 Matt Beaton,Auditor,Franklin County,WA.PASCO SCHOOL DISTRICT #1 Page 127 of 245 PYUh FRA??$RiQQ§NJ ¥?BEASURERWhenrecordedreturnto:mmama QTOQEHFE P.O.Box 2368 i L!22 Pasco,WA 99302 "0meCountyTreasurer DEDICATION DEED THE GRANTOR,PASCO SCHOOLDISTRICTNO.1,a Washington municipal corporation,for and in consideration of creating access to the Grantors property,for the public use.and as a public right-of—way.and other mutual benefits to the parties hereto and pursuant to ROW 36,dedicates.conveys and quit claims to FRANKLINCOUNTY. WASHINGTONa political subdivision of the State of Washington the followingdescribed Arealestate,suuatedIntheCountyofFranklinStateofWashingtontogetherWithallafter DVi“'IIII=|I=|III PM;DUacquiredtitleofthegrantor(s))therein.V U u Assessor's Property Tax Parcel/AccountNumber:Ptn.115- 180— 042b A PARCEL OF LANDAFFECTINGLOT 1 OF SHORT PLAT 2016-14 RECORDED IN VOLUME2 OF SHORT PLATS AT PAGES 70,71 AND 72.RECORDS OF FRANKLINCOUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: THE EASTERLY 40.00 FEET OF SAID LOT 1 LYINGSOUTH OF LOT 2 OF SAID SHORT PLAT ANDTHE EASTERLY 34.10 FEET OF SAID LOT 1 ADJOINiNGTHE EASTERLYLINESAID LOT 2. TOGETHER WITHANDSUBJECT TO EASEMENTS,RESERVATIONS. COVENANTSAND RESTRICTIONSOF RECORD ANDIN VIEW. SEE ATTACHED SKETCH To ACCOMPANY DESCRIPTION. DATED:I "SI "902-9» PASCO SCHOOL DISTRICT NO.1 DEDICATIONDEED—‘ AFN #1956207 Page:2 of 5 Page 128 of 245 UNOFFW%QW STATE OF WASHINGTON ) )as. County of Franklin ) ? On this 2E day of ??lél?,202}?before me.the undersigned,a Notary Public in and for the State of Washing on,duty commissioned and sworn,personally at peared to me known to be the . '~1‘'of PASCO SCHOOL DISTRICTNO.1.the entity that executed the foregoing instrument,and acknowledged the said instrument to be the free and votuntary act and deed of PASCO SCHOOLDlSTBrlCTNO.1.for the uses and purposes therein mentioned,and on oath stated that 4.was authorized to execute the said instrument.4 GIVENunder my hand and of?cial seal this 3/3-day of (@142(y ,2023’. Printed.a'mef...F\\D(NotaryRublicfin'andortheStatepfWashington/(raidingzat‘n '':1Myféommis'sionexpires?"— / TERRY L KNEBLIK Notary Public State of Washington License Number 190562 My Commission Expires February 15,2025 DEDICATIONDEED-2 AFN #1956207 Page:3 of 5 Page 129 of 245 THE SW.1/4 OF SEC.06,T.09N.,R.29E.,WM. FRANKLINCOUNTY.WASHINGTON EXHIBIT SKETCH TO ACCOMPANY LEGAL DESCRIPTION LOT2 :SP 2016-14 40'ROAD RIGHT- £77pr“a 3J‘(Wag LOTS -\ SP 2018-14 STRATTON SURVEYING &MAPPING P.C. KCMIIDL WA 99.3.36 (5W)7WD“ Flu:(509}733-5560 n-IIIdIImeW'I 48865K4.DWG N057}? SCALE 1"=400‘ SKETCH FOR PascoSchool District ©2021 DATE:05/21/2021 SHT.1 OF 1 DRAWNBY:AAD JOB # 54.},ROA DRICHT— AFN #1956207 Page:4 of 5 Page 130 of 245 UV Attest Member ClerkgtheBoard FRANKLIN COUNTY RESOLUTION NO.2 0 2 1 -2 6 2 BEFORE THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY,WASHINGTON ACCEPTANCE OF DEDICA TION DEED FROM THE PASCO SCHOOL DISTRICTNO.1 (FOR FUTURE ROAD 108,NORTH OF BURNS ROAD). WHEREAS,the Pasco School District No.l desiresto transfer to FranklinCounty,approximately 2.34 acres.for future Road 108 shown on Short Plat 2016-14 recorded August 12"“,2016 Auditor‘sFile Number ”349367;and WHEREAS,there is preliminary planning of adjoining land for subdivisionthat will result in the constructionof the east half of future Road 108,north of Burns Road;and WHEREAS,development of adjoining land that is currently in the preliminaryplanning for subdivision that will result in the construction of a portion Road 108.north of Bums Road prompted the Pasco School District No.l to deed right of way to FranklinCounty;and WHEREAS,the Pasco School District No.1 understands that the development of parce1(s)lying on the west half of ?lrure Road 108,and with the dedicationfor future Road 208 does not waive the requiremenh’coslsof constructionof the west half of ?xtureRoad 108 with any future development;and WHEREAS,the Pasco School District N 0.1 has by subsequent DedicationDeedbroadenedthe interestconveyedtoFranklin County for use and bene?t ofthe generalpublicasa publicrighi-of-wayrandn AD\ll //\\II II II ////\\WHEREAS,FranklinCounty‘desrresto"accepttheDedicationlll3eedfromthePascoSchool DistrictNo.1forthe use MD bene?tof‘thegeneralpublicas a publicright-ofway;and ll Uu\Y/u u H 11:.\J 11 NOW,THEREFORE.BE IT RESOLVEDthattheBoardofFranklin County Commissioners hereby approve the DedicationDeed from the Pasco School DistrictNo.1,a reviewed and acceptedcopy of the dedication deed is attached for ?imre reference. APPROVED this 16'“day of November 2021 B .DOF CO YCOMMISSIONE—RS F A.,N ,SHlNG’I‘ON k ~..‘ C 215Pro Tem —_,_...._1__t_._...__.__.".-‘_v..a.__.,.._..__.l.._. AFN #195620?Page:5 of 5 Page 131 of 245 Page 132 of 245 Page 133 of 245 Pa g e 1 3 4 o f 2 4 5 Pa g e 1 3 5 o f 2 4 5 Resolution Setting PH for ROW Vacation (VAC2026-002) - 1 RESOLUTION NO. 4772 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON SETTING 7:00 PM, SEPTEMBER 8, 2026, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF THE ROAD 108 RIGHT-OF-WAY DEDICATED BY AUDITOR FILE NUMBER 1918957 AND AUDITOR FILE NUMBER 1956207. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco, the City Council may vacate rights-of-way; and WHEREAS, a petition for vacation of a portion of the Road 108 right-of-way dedicated by Auditor File Number 1918957 and Auditor File Number 1956207 by owners of more than two- thirds abutting the part of the street and alley to be vacated has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, the City may waive the requirements for a survey pursuant to PMC Section 12.40.110 if the location and legal description of the street or alley proposed for vacation is sufficiently known to the City such that an accurate legal description can be determined with certainty without a survey; and WHEREAS, pursuant to PMC Section 12.40.120, compensation for vacated rights-of- way, an appraisal and title report may be waived if one or more of the following are applicable: the vacation is initiated by Council resolution; the vacation is at the request of the City; the right- of-way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by resolution, and to provide notice for such hearing which shall occur no later than sixty (60) days after, nor earlier than twenty (20) days after, the passage of this Resolution setting a public hearing. Page 136 of 245 Resolution Setting PH for ROW Vacation (VAC2026-002) - 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Notice of Hearing. That a public hearing be held to consider vacating the right-of-way described below as further described in Exhibit A, depicted in Exhibit B, and further described by the Curve Table in Exhibit C, all attached hereto, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 8th day of September 2026: A VARIABLE WIDTH PORTION OF ROAD 108 RIGHT-OF-WAY DEDICATED PER SHORT PLAT NUMBER 2020-22 RECORDED IN VOLUME 2 OF SHORT PLATS AT PAGES 361-362 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1918957 AND PER DEDICATION DEED TO FRANKLIN COUNTY RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956207, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 6, MARKED BY A 2-1/2 INCH ALUMINUM CAP STAMPED: "SURVEYJOE LS 20100532", BEING NORTH 00°55'29" EAST A DISTANCE OF 2660.55 FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 6, MARKED BY A 3 INCH BRASS CAP, THENCE NORTH 89"18'23" EAST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6 A DISTANCE OF 30.01 FEET TO THE EAST RIGHT-OF-WAY MARGIN OF SAID ROAD 108; THENCE SOUTH 00°55'29" WEST ALONG SAID EAST RIGHT-OF-WAY MARGIN A DISTANCE OF 160.94 FEET; THENCE SOUTH 89°22'44" WEST A DISTANCE OF 7.53 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 28.77 FEET, WITH A DELTA ANGLE OF 82"25'05", A CHORD BEARING OF NORTH 49"24'44" WEST, AND A CHORD LENGTH OF 26.35 FEET; THENCE NORTH 08"12'11" WEST A DISTANCE OF 67.75 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 480.04 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 76.50 FEET, WITH A DELTA ANGLE OF 09°07'49", A CHORD BEARING OF NORTH 03"38'16" WEST, AND A CHORD LENGTH OF 76.42 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 6; THENCE NORTH 89°19'04" EAST ALONG SAID NORTH LINE A DISTANCE OF 14.65 FEET TO THE POINT OF BEGINNING. Page 137 of 245 Resolution Setting PH for ROW Vacation (VAC2026-002) - 3 TOGETHER WITH: A VARIABLE WIDTH PORTION OF ROAD 108 RIGHT-OF-WAY DEDICATED PER SHORT PLAT NUMBER 2020-22 RECORDED IN VOLUME 2 OF SHORT PLATS AT PAGES 361-362 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1918957, LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 6, MARKED BY A 2- 1/2 INCH ALUMINUM CAP STAMPED: "SURVEYJOE LS 20100532", BEING NORTH 00°55'29" EAST A DISTANCE OF 2660.55 FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 6, MARKED BY A 3 INCH BRASS CAP, THENCE NORTH 89"18'23" EAST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 6 A DISTANCE OF 30.01 FEET TO THE EAST RIGHT-OF-WAY MARGIN OF SAID ROAD 108; THENCE SOUTH 00"55'29" WEST ALONG SAID EAST RIGHT-OF-WAY MARGIN A DISTANCE OF 224.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00"55'29" WEST ALONG SAID EAST RIGHT-OF-WAY MARGIN A DISTANCE OF 114.51 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 771.32 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH 89"22'56" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 95.45 FEET, WITH A DELTA ANGLE OF 07"05'26", A CHORD BEARING OF NORTH 04"09'47" WEST, AND A CHORD LENGTH OF 95.39 FEET TO A POINT OF REVERSE CURVATURE TURNING TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 22.41 FEET, WITH A DELTA ANGLE OF 64"10'47", A CHORD BEARING OF NORTH 24"22'54" EAST, AND A CHORD LENGTH OF 21.25 FEET TO THE TRUE POINT OF BEGINNING. HAVING A TOTAL COMBINED AREA OF 6,316 SQUARE FEET, 0.14 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. Section 2. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Page 138 of 245 Resolution Setting PH for ROW Vacation (VAC2026-002) - 4 Section 3. That the City Council will decide whether to waive the requirements for an appraisal, title report, and compensation after the September 8, 2026, public hearing. Section 4. That this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 3rd day of August, 2026. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: Gabriela Sanchez Ogden Murphy Wallace, PLLC City Clerk City Attorney Page 139 of 245 0 —, C191?Community &Economic Development Department Fee:' 3POBox293,525 N 3"Ave,Pasco,WA 99301 P:509.545.3441 /F:509.545.3499 CITYOF PASCO STREET/ALLEYVACATION PETITION INITIATION:A vacation may be initiated by: A.A Resolution of the City Council,-or B.A petition signed by the owners of more than two-thirds of the property abutting the part of the street or alley to be vacated,or,in the case of an easement,the owners of two—thirdsof the property underlying the portion of the easement to be vacated. REQUIREMENTS:An applicant shall apply for a vacation by submitting the following: 1.A vacation petition upon forms provided by the City; 2.A professional survey of the property proposed forvacationwithinthe boundaries of the proposed vacation marked upon the ground withan accuratelegal description of the proposed vacation to be furnishedto the City. . 3.For each petitioner a title report indicating ownership and providing a legal description of the property owned by the petitioner unless waived; The vacation application fee; A signed agreement to pay the cost of an appraisal; 6.Any additional information or material that the Director of Community 8:Economic Development determines is reasonably-necessary for the City Councilto consider the requested vacation. 9"? PUBLICHEARING:Upon receiving a complete application for vacation,or upon passage of a Resolution by the City Council seeking vacation,the City Council shall by Resolution,fix a time when the City will hold a public hearing on the proposed vacation.The hearing will be not more than sixty (60)days nor less than twenty (20)days afterthe date of the passage of such Resolution.The Resolution seeking vacation by the City Council and setting the public hearingmay be consolidated to a single Resolution. NOTICEOF HEARING:On passage of the Resolution,the City shall give notice 'at least twenty (20)days before the public hearing of the time,date and place for the public hearing. OBJECTION:lf ?fty percent (50%)or more of the abutting property owners on the street or alley (based on front footage),or the underlying public easement (based on square footage),file written objections to the City Council in opposition to the vacation prior to the time of or at the hearing,the City shall be prohibited from proceeding with the public hearing or granting the vacation. Updated April 2019 $30 Page 140 of 245 CRITERIA:The City Council shall use the following criteria for approval of the petition: A.The vacation shall not adversely affect traffic accessibility and circulationwithin the immediate area or within the City as a whole; The right-of-way is not contemplated or needed for future public use;B. C.No abutting property will become landlocked,or its access substantiallyimpaired;and D.The public needs shall not be adversely affected and the vacationwill provide a public benefit or serve a public purpose. RESERVEEASEMENTS:In vacating a street,alley,or public easement,the City may reserve for the City any easements or other rights to exercise and grant any easement forpublic utilities and services, pedestrian trail purposes,and any other type of easement relating tothe City's right to control,use and manage its rights-of way. COMPENSATION:The City Councilmay require the petitioners to compensate the City: 1.Where the street or alley,or access easement,has been part of a dedicated public right-of-way for 25 years or more,or was acquired at public expense,in an amount that does not exceed the full appraised value of the area vacated. 2.Where the street or alley,or access easement,has not been part of a dedicated right-of-way for 25 years or more,or was acquired at public expense,in an amount which equals one-half of the appraised value of the area vacated. Compensation for the vacated areas and an appraisal and title report may be waived in whole or in part by the City if one or more of the following apply: 1.The vacation is initiated by the City Council by Resolution; 2.The vacation is at the request of the City; 3.The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4.The grant of substitute public right-of—waywhich has a value as a right-of-way at least equal to that right-of-way to be vacated;and 5.The resulting bene?t to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. ORDINANCE:Following the public hearing thereon,the City Council may authorize by Ordinance the vacation of such street,alley,access easement,or any part thereof.Such Ordinance may provide for the retention by the City of all easements or rights with respect to the vacated land for the construction,repair or maintenance of public utilities and services.if the City Council determines that compensation shall be paid as a condition of the vacation,the Ordinance shall not become effective, published or recorded until the compensation has been paid in full. Page 141 of 245 WA Master File#Date Submitted: We the undersigned,owners of two-thirds of the privately—owned abutting property,hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of—way: FN 5‘!Road l0? CITYOF PASCO VACATION PETITIO Qty!Community &Economic Development Department Fee:$300 PO Box 293,525 N 3-'=‘Ave,Pasco,WA 99301 P:509.545.3441 /F:509.545.3499 Name:Tm Address:“5601?Lakef-{MQUICK Applicant]Phone:50?.3'37,”655Ownerl Email:TRYQMMMQhOM‘S-(Gh. Signature:3/JW Name:S'H‘ilh?'csHM?“RanchLLC Address:(0590‘!E WiserF M kftmebit kOwner2Phone:50?-3172-7680 Signature: (Please see reverse side) Updated April 2019 Page 142 of 245 Name:D“(/0 Address:15310 Mia‘lkwo‘Lam,Umi’r0C Pugh/'64 Owners Phone:601;}!.usgq Email: Coo rep «9‘.COM Signaturel/ El Survey D Title Report I:Fee of $300 (if not waived) Page 143 of 245 Pasco City Council September 8, 2026 Regular Meeting Pa g e 1 4 4 o f 2 4 5 Public Hearing & Ordinance for Right- of-Way Vacation of a portion of Road 108 – VAC2026-002 September 8, 2026 Pasco City Council Pa g e 1 4 5 o f 2 4 5 01 History 02 PMC 03 Vicinity Map 04 Realignment Pa g e 1 4 6 o f 2 4 5 HISTORY 2020 City Short Plat Dedicates Easterly 30 Feet To City 2021 Barker Ranch 1st Addition Preliminary Plat Approval 2022 February-PSD Dedicates Westerly 34.1 Feet to County May-City Annexes Westerly 34.1 Feet 2026 June-ROW Vacation Petition Submitted August-Resolution setting 7PM September 8, 2026, for a Public Hearing Pa g e 1 4 7 o f 2 4 5 VAC 2026-002 Portion of Road 108 Right-of- Way Vacation PMC 12.40 -Right-of-Way Vacations This right-of-way vacation was initiated by a petition signed by the owners of more than two-thirds of the property abutting the area proposed for vacation, as authorized by PMC 12.40. Public Hearing –Tuesday, September 8, 2026, at 7:00 PM City Council Vacation Approval Criteria The City Council considers the following when reviewing a vacation petition: 1.Traffic CirculationThe proposed vacation will not adversely affect traffic circulation or public access. The existing right-of-way is no longer needed due to the approved realignment of Road 108, and replacement right-of-way will be dedicated through a separate process to maintain the roadway connection to future development north of the site. 2.Future Public UseThe subject right-of-way is not anticipated to be needed for future transportation purposes because the revised alignment of Road 108 will continue to accommodate the City's planned transportation network. 3.Property AccessThe proposed vacation will not create any landlocked parcels or substantially impair legal or physical access. The affected property will continue to have access from Lane F and the realigned Road 108. 4.Public InterestStaff further finds that the proposed vacation is consistent with the public interest. The area proposed for vacation consists of approximately 6,316 square feet of excess right-of-way that is no longer required for public roadway purposes. Vacating this area will allow it to be incorporated into the adjoining property while preserving the public roadway network through the dedication of replacement right-of-way. Pa g e 1 4 8 o f 2 4 5 Pa g e 1 4 9 o f 2 4 5 Pa g e 1 5 0 o f 2 4 5 Questions?Pa g e 1 5 1 o f 2 4 5 AGENDA REPORT FOR: City Council August 17, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Maria Serra, Director Public Works SUBJECT: Public Hearing and Resolution No. 4780 - 2027-2032 Transportation Improvement Program Revision I. ATTACHMENT(S): Resolution 4780 Revised 2027-2032 Transportation Improvement Program Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING MOTION: I move to approve Resolution No. 4780, revising the 2027-2032 Six- Year Transportation Improvement Program for the City of Pasco for the purpose of guiding the development, design, and construction of local and regional transportation improvements, and further, authorize publication by summary only. III. FISCAL IMPACT: The additional projects are planned to be funded by tax incremental financing for the Broadmoor area,. IV. HISTORY AND FACTS BRIEF: Background As part of the City’s effort to provide for the proper and necessary development of a functional transportation network, the City shall, as required by State law (RCW 35.77.010), develop and adopt annually a Six-Year Transportation Improvement Program (Six-Year TIP) with such program acting as a guide for the coordinated development of the City's transportation system. The Six-Year TIP of the City specifically sets forth those projects and programs of both City and regional significance that benefit the transportation system and promote Page 152 of 245 public safety and efficient multi-modal movement. Projects in the TIP are selected from master plans such as the Transportation System Master Plan, Broadmoor Master Plan, Downtown Pasco Master Plan, and Comprehensive Safety Action Plan. Additionally, they are identified through community engagement, stakeholder coordination (e.g., with the Pasco School District for Safe Routes to School improvements), and operational and maintenance needs identified by City Departments. Development of the 2027-2032 Transportation Improvement Program is led by Public Works Department, and informed by the City Council, the public, and other city staff and departments. Impact (other than fiscal) Update of the TIP and subsequent submission to the State are statutory requirements, and while the program is not required to be fiscally constrained, the program should be practical and feasible. The Council will see many of these projects again, incorporated with the annual Six-Year Capital Improvement Plan later this year. V. DISCUSSION: The current 2027-2032 Six-Year TIP was adopted on June 15, 2026, following a public hearing. On July 1, 2024, the City Council approved Ordinance No. 4720 establishing Broadmoor Tax Increment Financing (TIF) not to exceed $39 million. The Broadmoor TIF funds initial roadway and other infrastructure improvements vital for current and future traffic demands of the Broadmoor Increment Area established by Ordinance No. 4618. As part of negotiations with developers in the Broadmoor area, City is working on an agreement with them that will include design and construction of some or all of the proposed roadway segments. These projects must be added to the 2027-2032 Six-Year TIP. The proposed additional projects for the 2027-2032 Six-Year TIP include the following:  Buckingham Drive Extension (Broadmoor Blvd to Road 103): This project extends Buckingham Drive to the west from existing signalized intersection at Broadmoor Blvd to Road 103.  Buckingham Drive Extension (Road 103 to Road 105): This project extends Buckingham Drive to the west from Road 103 to Road 105.  Road 103 Extension (Sandifur Parkway to Buckingham Drive): This project extends Road 103 to the north from Sandifur Parkway to Page 153 of 245 Buckingham Drive.  Road 105 Extension (Sandifur Parkway to Buckingham Drive): This project extends Road 105 to the north from Sandifur Parkway to Buckingham Drive. Recommendation Staff recommends approval of the 2027-2032 Six-Year TIP revision. Constraints The plan/program may at any time be revised by a majority of the City Council, but only after a public hearing. A public hearing is also being held tonight prior to any formal action by City Council. Next Steps Provided City Council approves the revision of the 2027-2032 Six-Year TIP, City will begin design efforts on these newly added projects. Alternatives City Council may choose to decline addition of these projects to the 2027-2032 Six-Year TIP, but that is not recommended as these projects are directly tied to ongoing negotiations with developers in this Broadmoor area. Page 154 of 245 Resolution – 2027 – 2032 TIP Amendment - 1 Revision: 1.9.26 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, – REVISING THE 2027-2032 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF PASCO FOR THE PURPOSE OF GUIDING THE DEVELOPMENT, DESIGN, AND CONSTRUCTION OF LOCAL AND REGIONAL TRANSPORTATION IMPROVEMENTS. WHEREAS, RCW 35.77.010 annually, and town adopt each city that requires following a public hearing, a Six-Year Transportation Improvement Program detailing projected needs for street construction; and WHEREAS, the Pasco City Council adopted the 2027-2032 Transportation Improvement Program on June 15, 2026, following a public hearing; and WHEREAS, the Pasco City Council held a public hearing on September 8, 2026, to consider amending the 2027-2032 Six-Year Transportation Improvement Program; and WHEREAS, the amended Six-Year Transportation Improvement Program is consistent with the Comprehensive Plan, supports the health, safety, and welfare of the residents of Pasco, and will benefit the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City of Pasco’s Six-Year Transportation Improvement Program for 2027-2032 is hereby amended to include the projects shown attached hereto as Exhibit A.. 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 ________________, 20__. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Gabriela Sanchez Ogden Murphy Wallace, PLLC City Clerk City Attorney Page 155 of 245 Revised 2027-2032 Transportation Improvement Program FINAL 08/18/2026 Final 06/09/2026 Column1 Project Title Road Name Begin/End Termini PE ROW CONST Total Ranked Funding Type Prior Year 2027 Year 2028 Year 2029 Year 2030 Year 2031 Year 2032 REMAINDER 6 year- plan PROJECTS 1 Lewis Street Underpass Demolition Lewis Street 1st Ave to Tacoma Ave 500,000$ 3,000,000$ 3,500,000$ 1 Secured Grant/Loan 500,000$ 3,000,000$ 3,000,000 2 SRTS Argent Rd/Rd 88 & Sandifur Pkwy/Rd 90 Pedestrian Crossings Argent Road Road 88 197,008$ 982,048$ 1,179,056$ 1 Secured Grant 500,000$ 679,056$ 679,056 3 Rd 40 E Extension Road 40 East 'A' Street/ East Lewis Place 80,000$ 380,000$ 1,468,000$ 1,928,000$ 1 Local Funds 460,000$ 1,468,000$ 1,468,000 4 Ainsworth Ave Pavement Preservation Ainsworth Ave Oregon Ave/10th ave 440,000$ 250,000$ 1,442,000$ 2,132,000$ 1 Secured Grant/Local Funds 590,000$ 1,542,000$ 1,542,000 5 Lewis Street Pavement Preservation Lewis Street US12/27th Ave 650,000$ 250,000$ 5,500,000$ 6,400,000$ 1 Secured Grant/Local Funds 800,000$ 5,600,000$ 5,600,000 6 Sylvester St Overpass Pedestrian/Bicycle Access Sylvester Street US 395 Overpass 1,000,000$ 6,000,000$ 7,000,000$ 1 Secured Grant/Planned Grant 1,000,000$ 6,000,000$ 6,000,000 7 Sandifur Pkwy/Rd 76 Intersection Safety Enhancements Sandifur Parkway Road 76 371,000$ 1,660,000$ 2,031,000$ 1 Secured Grant/Private contributions 371,000$ 1,660,000$ 1,660,000 8 Citywide Injury Minimization and Speed Management Implementation Multiple Locations Multiple 100,000$ 650,000$ 750,000$ 1 Secured Grant 100,000$ 650,000$ 650,000 9 Clark St Improvements Clark Street 10th St/2nd St 350,000$ 1,450,000$ 1,800,000$ 1 Secured Grant 100,000$ 250,000$ 1,450,000$ 1,700,000 10 South Rd 68 Pavement Preservation Court St I-182 350,000$ 350,000$ 1,500,000$ 2,200,000$ 1 Secured Grant/Local Funds 700,000$ 1,500,000$ 2,200,000 11 Road 44 FCID Canal Crossing Road 44 FCID Canal (North of Argent PI)300,000$ 1,300,000$ 1,600,000$ 1 Secured Grant/Local Funds 50,000$ 250,000$ 1,300,000$ 1,550,000 12 Harris Rd Realignment Rd 103 Sandifur Pkwy 400,000$ 3,600,000$ 4,000,000$ 1 Local Funds (Tax Incremental Finanacing and TIF)400,000$ 3,600,000$ 3,600,000 13 Buckingham Dr Extension (Broadmoor Blvd to Rd 103)Buckingham Dr Broadmoor Blvd/Rd 103 300,000$ 1,600,000$ 1,900,000$ 1 Local Funds (Tax Incremental Finanacing)100,000$ 800,000$ 1,000,000$ 1,800,000 14 Buckingham Dr Extension (Rd 103 to Rd 105)Buckingham Dr Rd 103/Rd 105 300,000$ 1,800,000$ 2,100,000$ 1 Local Funds (Tax Incremental Finanacing)100,000$ 800,000$ 1,200,000$ 2,000,000 15 Road 103 Extension (Sandifur Pkwy to Buckingham Dr)Road 103 Sandifur Pkwy/Buckingham Dr 300,000$ 2,400,000$ 2,700,000$ 1 Local Funds (Tax Incremental Finanacing)100,000$ 1,000,000$ 1,600,000$ 2,600,000 16 Road 105 Extension (Sandifur Pkwy to Buckingham Dr)Road 105 Sandifur Pkwy/Buckingham Dr 300,000$ 2,100,000$ 2,400,000$ 1 Local Funds (Tax Incremental Finanacing)100,000$ 900,000$ 1,400,000$ 2,300,000 17 Rd 76 Overpass Road 76 Chapel Hill/Burden Blvd 2,800,000$ 2,110,000$ 28,100,000$ 33,010,000$ 2 Grants /Private Contributions/Local Funds 100,000$ 1,200,000$ 1,800,000$ 1,910,000$ 8,000,000$ 12,000,000$ 8,100,000$ 33,010,000 18 Burden Blvd/Rd 60 Intersection Improvements Burden Road Road 60 360,000$ 1,810,000$ 2,170,000$ 2 Local Funds (TIF Impact)360,000$ 1,810,000$ 2,170,000 19 Burns Rd/Rd 68 Intersection Improvements Burns Road Rd 68 550,000$ 370,000$ 2,750,000$ 3,670,000$ 2 Planned Grant/Local Funds 550,000$ 370,000$ 2,750,000$ 3,670,000 20 Burns Rd Extension - Missing link Burns Road Road 68/Rio Grande Lane 600,000$ 1,250,000$ 4,150,000$ 6,000,000$ 2 Local Funds/Private contributions 300,000$ 1,000,000$ 4,700,000$ 6,000,000 21 South 4th Ave (Festival Street Improvements)S 4th Avenue Lewis Street / Columbia Street 290,000$ 790,000$ 1,080,000$ 2 Planned Grant 290,000$ 790,000$ 1,080,000 22 Systemic Pedestrian Crossing Improvements Multiple Locations Multiple Locations 280,000$ 1,502,000$ 1,782,000$ 2 Planned Grant/Local Funds 100,000$ 180,000$ 1,502,000$ 1,782,000 23 City Wide Traffic Signal Improvements (Phase 3)Multiple Locations Multiple Locations 300,000$ 2,877,500$ 3,177,500$ 2 Planned Grant 300,000$ 2,877,500$ 3,177,500 24 E Lewis St/Heritage Blvd Intersection Improvements E Lewis Street Heritage Blvd 400,000$ 2,000,000$ 2,400,000$ 2 Local Funds/Private Contributions/Planned Grant 400,000$ 1,500,000$ 500,000$ 2,400,000 25 Systemic Access Management Safety Improvements Multiple Locations Multiple Locations 150,000$ 650,000$ 800,000$ 2 Planned Grant/Local Funds 150,000$ 650,000$ 800,000 26 Systemic Low-Cost Countermeasures at Stop-Controlled Intersections Multiple Locations Multiple Locations 200,000$ 550,000$ 750,000$ 2 Planned Grant/Local Funds 200,000$ 550,000$ 750,000 27 Court & Rd 100 Intersection Improvements Court St Rd 100 500,000$ 1,000,000$ 4,500,000$ 6,000,000$ 2 Local Funds 500,000$ 1,000,000$ 4,500,000$ 6,000,000 28 Court Street/Road 60 Intersection Improvements Court St Rd 60 450,000$ 2,500,000$ 2,950,000$ 2 Planned Grant 450,000$ 2,500,000$ 2,950,000 29 Sandifur Pkwy/Convention Dr Intersection Improvements Sandifur Parkway Convention Dr 410,000$ 1,900,000$ 2,310,000$ 2 Local Funds/Private contributions 410,000$ 1,900,000$ 2,310,000 30 Sandifur Pkwy/Rd 84 Intersection Improvements Sandifur Parkway Road 84 350,000$ 1,900,000$ 2,250,000$ 2 Planned Grant/TIF (Impact)350,000$ 1,900,000$ 2,250,000 31 Sacajawea Heritage Trail Levee Lowering Sacajawea Heritage Trail Road 54/Road 72 250,000$ 3,000,000$ 3,250,000$ 2 Planned Grant 250,000$ 1,500,000$ 1,500,000$ 3,250,000 32 I-182/Broadmoor Blvd I/C Multiuse Pathway/Bridge Broadmoor Boulevard I-182 1,500,000$ 8,000,000$ 9,500,000$ 3 Planned Grant/Local Funds 500,000$ 1,000,000$ 4,000,000$ 4,000,000$ 9,500,000 33 Safe Routes to School Project TBD TBD 300,000$ 1,000,000$ 1,300,000$ 3 Planned Grant 300,000$ 1,000,000$ 1,300,000 34 Columbia St Improvements Columbia Street 10th St/2nd St 390,000$ 1,190,000$ 1,580,000$ 3 Planned Grant 390,000$ 1,190,000$ 1,580,000 35 Burden Rd/Rd 44 Intersection Improvements Burden Road Road 44 360,000$ 1,810,000$ 2,170,000$ 3 Local funds (TIF Impact)360,000$ 1,810,000$ 2,170,000 36 Rd 40 East Pathway Road 40 East Sacajawea Park/East Lewis Place 440,000$ 690,000$ 840,000$ 1,970,000$ 3 Planned Grant 540,000$ 590,000$ 840,000$ 1,970,000 37 Rainier Ave/Kartchner St Intersection Improvements Rainier Ave Kartchner 400,000$ 2,000,000$ 2,400,000$ 3 Local Funds/Private contributions 200,000$ 200,000$ 1,500,000$ 500,000$ 2,400,000 38 Court St Improvements- Ped/Bike Court Street Road 96/Harris Road 1,480,000$ 5,800,000$ 7,280,000$ 3 Planned Grant 180,000$ 1,340,000$ 3,456,000$ 2,304,000$ 7,280,000 39 W Lewis St/N 14th Ave Intersection Improvements W Lewis St 14th Ave 400,000$ 150,000$ 2,200,000$ 2,750,000$ 3 Planned Grant/Local Funds 400,000$ 150,000$ 2,200,000$ 2,750,000 40 Wrigley Dr/Rd 76 Intersection Improvements (Rd 76 Improvements)Road 76 Wrigley Dr 350,000$ 2,150,000$ 2,500,000$ 3 Local Funds/TIF (Impact)350,000$ 2,150,000$ 2,500,000 41 N 4th Ave Pavement Preservation (I-182 to County Line)I-182 County Line (Glade Rd)150,000$ 1,600,000$ 1,750,000$ 3 Planned Grant/Local Match 150,000$ 1,600,000$ 1,750,000 42 Argent Rd Widening (Phase 4) Argent Road Road 36/Road 44 1,180,000$ 4,720,000$ 5,900,000$ 4 Planned Grant/Local Funds 1,180,000$ 2,360,000$ 2,360,000$ 5,900,000 43 Franklin County Irrigation District Canal Bicycle/Pedestrian Pathway N/A Road 100/Road 76 300,000$ 500,000$ 2,000,000$ 2,800,000$ 4 Planned Grant 300,000$ 500,000$ 2,000,000$ 2,800,000 44 Rd 100 Widening Road 100 Court St/Chapel Hill Blvd 825,000$ 750,000$ 7,000,000$ 8,575,000$ 4 Planned Grant 625,000$ 950,000$ 7,000,000$ 8,575,000 45 Shoreline Rd Realignment Shoreline Road Court/Burns Road 500,000$ 2,500,000$ 7,500,000$ 10,500,000$ 4 Planned Grant 250,000$ 2,000,000$ 1,000,000$ 7,250,000$ 3,250,000 46 Burns Rd Extension to Glade Rd Burns Road "Road 44"/N Glade Road 4,800,000$ 4,000,000$ 19,200,000$ 28,000,000$ 4 Planned Grant 2,400,000$ 3,400,000$ 3,000,000$ 19,200,000$ 8,800,000 47 4th Ave Pavement Preservation (Lewis St to I-182)Lewis Street I-182 300,000$ 150,000$ 2,550,000$ 3,000,000$ 5 Planned Grant 150,000$ 300,000$ 2,550,000$ 3,000,000 48 Systemic Roadway Lighting Upgrades Multiple Locations Multiple Locations 150,000$ 100,000$ 400,000$ 650,000$ 5 Planned Grant/Local Funds 150,000$ 100,000$ 400,000$ 650,000 49 Burden Rd/Madison Ave Intersection Improvements Burden Road Madison Ave 360,000$ 1,810,000$ 2,170,000$ 5 Local funds (TIF Impact)360,000$ 1,810,000$ 2,170,000 50 Court St Safety Improvements Court Street Road 40/Road 68 110,000$ 340,000$ 450,000$ 5 Planned Grant 110,000$ 340,000$ 450,000 51 James St Improvements James Street Oregon Ave/Frontier Lp 250,000$ 1,600,000$ 1,850,000$ 5 Local Funds 250,000$ 1,600,000$ 1,850,000 52 Harris Rd / Crescent Rd Overpass Harris Road Harris Road/Crescent Rd 4,000,000$ 5,000,000$ 45,000,000$ 54,000,000$ 5 Planned grant /Private contributions/local funds 1,000,000$ 3,000,000$ 50,000,000$ 4,000,000 53 Lewis Street Corridor Improvements (Phase 1)Lewis Street 2nd Ave/ 5th Ave 880,000$ 4,800,000$ 5,680,000$ 5 Planned Grant/Local 530,000$ 450,000$ 780,000$ 3,920,000$ 1,230,000 54 Lewis Street Corridor Improvements (Phase 2)Lewis Street 5th Ave/10th Ave 640,000$ 4,460,000$ 5,100,000$ 5 Planned Grant 300,000$ 4,800,000$ 300,000 55 Court St Safety Improvements (Phase 2)Court Street Road 68/Road 96 680,000$ 680,000$ 5,100,000$ 6,460,000$ 5 Planned Grant/Local Funds 680,000$ 680,000$ 5,100,000$ 1,360,000 56 I-182/Broadmoor Blvd I/C Improvements - Westbound Broadmoor Boulevard I-182 750,000$ 8,000,000$ 8,750,000$ 5 Planned Grant/Local Match 750,000$ 8,000,000$ 750,000 PROGRAMS 188,233,556 57 Annual Pavement Preservation Multiple Locations Multiple Locations -$ 1 Local funds 701,000$ 715,500$ 737,000$ 759,200$ 782,000$ 805,500$ 4,500,200$ 58 Ped/Bike Gap Program Multiple Locations Multiple Locations -$ 2 Local funds 105,000$ 110,250$ 115,763$ 121,551$ 127,628$ 580,191$ 59 Neighborhood Traffic Calming Program Multiple Locations Multiple Locations -$ 2 Local funds 110,250$ 115,763$ 121,551$ 127,628$ 134,010$ 609,201$ PLANS AND STUDIES 5,689,592$ 60 Traffic Analysis for US 12 US 12 A /Tank Farm Road/SR 124 3,060,000$ 3,060,000$ 1 Planned Grant 1,530,000$ 1,530,000$ 3,060,000$ 61 Bicycle & Pedestrian Master Plan Update 300,000$ 300,000$ 3 Local Funds 300,000$ 300,000$ 62 ADA Sidewalk Transition Plan Update 300,000$ 300,000$ 3 Local Funds 300,000$ 300,000$ 63 Interchange Feasibility Study on I-182 I-182 Multiple Existing Interchanges 450,000$ 450,000$ 3 Local Funds 200,000$ 250,000$ 64 Rd 68/Taylor Flats Rd Intersection Study Road 68 Taylor Flats Rd/Columbia River 350,000$ 350,000$ 4 Local Funds 350,000$ 350,000$ 4,010,000 296,764,556$ 34,690,056$ 25,698,250$ 25,785,013$ 31,081,513$ 41,587,179$ 39,541,138$ 197,933,148 Pa g e 1 5 6 o f 2 4 5 W ARGENT RD W L E W I S S T W COURT ST RO A D 8 4 RO A D 1 0 0 CHAPEL HILL BLVD W ARGENT RD RO A D 3 6 RO A D 4 4 W SYLVESTER ST W COURT ST N 2 0 T H A V E N 4 T H A V E W AI N S W O R T H A V E E A ST N O R E G O N S T E LEWIS ST RO A D 3 6 RO A D 4 8 W WERNETT RD N 1 4 T H A V E PKWY BURNS RD BLVD R O A D 6 8 DE N T R D CLARK RD N G L A D E R D S R D 4 0 E SAC A J A W E A PAR K R D N C O M M E R C I A L A V E N C A P I T O L A V E E FOSTER WELL RD N R A I L R O A D A V E HARRIS RD I N D U S T R I A L W A Y TRI-CITIES AIRPORT SACAJAWEA HISTORIC STATE PARK SN A K E R I V E R COLU M B I A R I V E R KENNEWICK RICHLAND BURBANK PASC O K A H L O T U S R D H I G H W A Y 1 2 H I G H W A Y 3 9 5 INT E R S T A T E 1 8 2 HI G H W A Y 3 9 5 SUN WILLOWS GOLF COURSE PASCO SPORTING COMPLEX WADE PARK CHIAWANA PARK HIGH W A Y 2 4 0 2 2 1 3 4 5 5 6 7 9 10 11 12 17 18 19 20 21 24 27 28 2930 31 32 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 50 51 52 54 53 55 60 SANDIFUR Transportation Improvement Program (TIP) 2027-2032 Bike/Ped New Road Other Study Area City Limits Pasco Urban Growth Boundary Ped Crossing Signal/Intersection LEGEND 0.750 Miles BURDEN RO A D 6 8 Revised for September 8 Council Meeting 64 1314 1516 BR O A D M O O R B L V D 56 Pa g e 1 5 7 o f 2 4 5 Pasco City Council September 8, 2026 Public Hearing Pa g e 1 5 8 o f 2 4 5 2027-2032 Six-Year Transportation Improvement Program Revision September 8, 2026 Pasco City Council Pa g e 1 5 9 o f 2 4 5 2027-2032 Transportation Improvement Program Revision The 2027-2032 TIP was Approved by City Council on June 15, 2026 (Resolution 4753). The plan included: •52 Projects •3 Programs •5 Plans and Studies Pa g e 1 6 0 o f 2 4 5 2027-2032 Transportation Improvement Program Revision Recommending to add 4 projects/roadways segments located in Broadmoor Area: •Buckingham Dr Extension (Broadmoor Blvd to Rd 103) •Buckingham Dr Extension (Rd 103 to Rd 105) •Road 103 Extension (Sandifur Pkwy to Buckingham Dr) •Road 105 Extension (Sandifur Pkwy to Buckingham Dr) •Consistent with the Broadmoor Master Plan and supports economic growth in the area. Pa g e 1 6 1 o f 2 4 5 2027-2032 Transportation Improvement Program Revision Pa g e 1 6 2 o f 2 4 5 2027-2032 Transportation Improvement Program Revision Pa g e 1 6 3 o f 2 4 5 2027-2032 Transportation Improvement Program Revision In accordance with RCW 35.77.010 •“The program may at any time be revised by a majority of the legislative body of a city or town, but only after a public hearing.” •Public Hearing being held tonight, September 8, 2026 at the regular Council Meeting. Pa g e 1 6 4 o f 2 4 5 Questions? Pa g e 1 6 5 o f 2 4 5 AGENDA REPORT FOR: City Council August 10, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 9/8/26 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution No. 4781 and Ordinance No. 4856 - Broadmoor TIF AREA - PSA Capital Adjusting and Services for APEX with Engineering Budget(5 minutes) I. ATTACHMENT(S): Resolution 4781 Exhibit A - Professional Services Agreement Ordinance 4856 Powerpoint II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:4781, City the authorizing No. Resolution approve to move I Manager to sign and execute professional services agreement with APEX Companies, LLC (APEX) for the design services for Road 103 north of Sandifur Pkwy, Drive Buckingham Pkwy, Sandifur between north 105 Road of Broadmoor Blvd to Road 105. MOTION: I move to approve Ordinance No. 4856, Amending the 2025-2026 Biennial Capital Projects Budget (Ordinance No. 4750), by Providing Supplement Thereto; to Provide Additional Appropriation in the City's Broadmoor Tax Increment Financing Program. III. FISCAL IMPACT: Negotiated PSA Amount $ 844,386.00 A budget amendment to the 2025-2026 Biennial Capital Projects Budget for $400,000.00 is proposed to accommodate design services for the projects that include the negotiated PSA with APEX Companies, LLC in the current biennium. The remainder of the authorization will be included in the next biennium's capital budget. Page 166 of 245 For context, the currently estimated total project costs are as follow: Buckingham Drive Extension (Broadmoor Blvd to Road 103) $2,962,771.50 Buckingham Drive Extension (Road 103 to Road 105) $2,964,771.50 Road 103 Extension (Sandifur Pkwy to Buckingham Drive) $2,951,821.50 Road 105 Extension (Sandifur Pkwy to Buckingham Drive) $2,951,821.50 Total $11,831,186.00 IV. HISTORY AND FACTS BRIEF: Background On July 1, 2024, the City Council approved Ordinance No. 4720 establishing Broadmoor Tax Increment Financing (TIF) not to exceed $39 million. The Broadmoor TIF will fund initial roadway and other infrastructure improvements vital for current and future traffic demands of the Broadmoor Increment Area established by Ordinance No. 4618. and Engineering PBS with services for contracted city The professional Environmental Inc. (PBS), now an APEX Company LLC (APEX) through a selection process for the most qualified consultant firm to provide professional engineering and design services for utility and road improvements in the Broadmoor Tax Increment Financing (TIF) area. Projects completed or close to completion include: I-182 & Broadmoor Blvd Interchange 1B (Utility), Phase Grading), 1A Phase Project, (Rough Pkwy/ Broadmoor/Burns Intersection Project, Sandifur Broadmoor Blvd Intersection Improvements Project, Sandifur Pkwy/Rd 108 Extension Project. The design and professional engineering completed so far was covered under a previous agreement and six (6) subsequent amendments with PBS/APEX. The proposed agreement, under consideration today, has been developed as an independent contract for clarity in project accounting as well as updated standards and rates incorporated in the agreement. The proposed PSA includes tasks for the detailed design and bidding support for Sandifur of north extension Pkwy, Road with associated work 103 Buckingham Drive between Broadmoor Blvd to Road 105 and Road 105 extension north of Sandifur Pkwy. The roadway configurations are derived from the City of Pasco's Broadmoor Master Plan. The PSA will include design services for final design of these segments of the Broadmoor area roadway network. Page 167 of 245 Impact (other than fiscal) The design work proposed in the PSA will provide for additional segments of the roadway network, Road 103, Road 105, and Buckingham Drive, within the Broadmoor of support in routes the building effectively Area, alternative projected travel demands in this area of the City. These segments will also support fulfillment of commitments negotiated with developers in this area. V. DISCUSSION: Recommendation Staff recommends approval of the proposed PSA with APEX Company, LLC in the amount of $844,386.00. Constraints (Time or other considerations) City is negotiating an agreement with the developer that may include some or all of the listed roadway segments to be constructed. This coordination is anticipated to include a timeframe for completion of design and award of construction for upon agreed the 2027, to June in/by be contract(s) of segments. Next Steps  Once the PSA is executed, the City's consultant will start design for Road 103 north of Sandifur Pkwy, Road 105 north of Sandifur Pkwy, and Buckingham Drive between Broadmoor Blvd to Road 105. Alternatives  Council may choose to delay or deny approval of the PSA. Delays in the contracting of these services jeopardizes the City's ability to meet the timelines established in the negotiations for these roadway segments to be constructed. Page 168 of 245 Resolution - PSA with APEX for Broadmoor TIF - 1 Version 1.9.26 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVES THE TO EXECUTE CITY MANAGER AUTHORIZING THE PROFESSIONAL SERVICES AGREEMENT WITH APEX COMPANIES, LLC FOR THE BROADMOOR TAX INCREMENTAL FINANCING (TIF) DESIGN PROJECT. WHEREAS, the City of Pasco (City) and PBS Engineering & Environmental, Inc. 1, 2022, to provide August on (PSA) a Services Professional (PBS), entered into Agreement engineering services with respect to the Broadmoor Tax Increment Funding (TIF) project; and WHEREAS, this project is funded through tax increment financing funds and will follow local procedures for right-or-way acquisition, design, advertisement, environmental permitting, and bidding; and WHEREAS, the City secured the professional services of PBS, now an APEX Company the to provide firm consultant qualified for most selection LLC (APEX) process a through professional engineering and design services for utility and road improvements in the Broadmoor TIF area; and WHEREAS, the City and APEX desire to enter into a new PSA to provide professional design engineering services generally supporting the designs for Road 103 final north of Sandifur Pkwy, Road 105 north of Sandifur Pkwy, Buckingham Drive between Broadmoor Blvd to Road 105 and further described in detail in Exhibit A; and WHEREAS, due City after Pasco, Washington, has of of Council City the the consideration, determined that it is in the best interest of the City of Pasco to enter into PSA with APEX Companies, LLC. 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 PSA between the City of Pasco and APEX Companies, LLC as attached hereto and incorporated herein as Exhibit A, and Be It Further Resolved, that the Washington, is City Manager of the City of Pasco, hereby authorized, empowered, and directed to execute said Amendment on behalf of the City of Pasco. Be It Further Resolved, that this resolution shall take effect immediately. Page 169 of 245 Resolution - PSA with APEX for Broadmoor TIF - 2 Version 1.9.26 PASSED by the City Council of the City of Pasco, Washington, on this ____ day of ________________, 20__. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Gabriela Sanchez Ogden Murphy Wallace, PLLC City Clerk City Attorney Page 170 of 245 APEX Companies, LLC PSA #: TBD Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) – Project Number (TBD) Version 4.17.26 Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) Agreement No. TBD THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and APEX Companies, LLC, hereinafter referred to as “Consultant,” on _____________________________________. [date of execution] RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, necessary and equipment, capabilities, including: professional and technical expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. WHEREAS, the City has, consistent with RCW 39.80, published an announcement related to its need for Architectural and Engineering services, evaluated Consultant’s current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105 project; and WHEREAS, the City’s Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant’s performance data, and the nature and complexity of the project. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant’s Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the “Project”). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2028. Page 171 of 245 APEX Companies, LLC PSA #: TBD Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) – Project Number (TBD) Version 4.17.26 Page 2 of 10 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services supplies, labor, materials, for and rendered, all equipment and , incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendere d by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ☒ Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ 844,386.00 without the prior written authorization by the City. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant’s activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant’s activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, Consuthe of copies City the shall deliver these ltant to licenses, registration documents, and permits or proof of their issuance or renewal. Page 172 of 245 APEX Companies, LLC PSA #: TBD Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) – Project Number (TBD) Version 4.17.26 Page 3 of 10 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents, or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 information, data, preliminary tests, research, All surveys, drawings, and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as “work product,” shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for services this under provided and continued the of use their products Agreement. Any work product used by the Consultant in the performance of these services which it deems as “confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated as such. 5.2 In the event of Consultant’s default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW “Public Records Act.” All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such Page 173 of 245 APEX Companies, LLC PSA #: TBD Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) – Project Number (TBD) Version 4.17.26 Page 4 of 10 additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. ADA Digital Accessibility Compliance. 7.1 In accordance with the Americans with Disabilities Act of 1990 (“ADA”) and Section 504 of the Rehabilitation Act of 1973, as amended, Contractor/Consultant agrees mobile and web websites, functionality, web pages, web all that applications, digital content, and physical content that Contractor/Consultant knows or should reasonably know will be shared through digital means (e.g., posted on website or app, shared as part of digital newsletter) (“Digital Content”), developed or provided under this Agreement will conform to the requirements of Title II of the ADA with regard to digital accessibility and the W3C Web Content Accessibility 2.1 Level AA Guidelines, or any superseding standards adopted by applicable regulation (“WCAG”) as incorporated therein (the “D igital Accessibility Rules”). Consultants developing or providing Digital Content shall be able, upon request of the City, to provide written evidence that their Digital Content satisfies the Digital Accessibility Rules, including, but not limited to, addressing each of the applicable WCAG success criteria. For any area of non-conformance, Consultant shall describe any planned remediation road maps, including timelines and steps that will be taken to achieve full conformance, as well as interim workarounds to enable access by individuals with disabilities, and shall be able to demonstrate such remediation and interim workarounds upon request of the City. Consultant may be required to demonstrate how to access or use the Digital Content with assistive technology and may be required to undergo third-party testing. Recurring failure by failure or Rules, Accessibility Digital to to conform to Consultant the demonstrate good faith efforts towards conformance (including failure to provide a remediation roadmap or to make reasonable progress thereunder), shall constitute a material breach of this Agreement. 7.2 Consultant shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from and against any and all claims; actions; administrative complaints, charges, or investigations; damages; liability; and expense, including reasonable attorneys’ fees, arising out of or resulting from Consultant’s failure to comply with the Digital Accessibility Rules, including any third-party claims brought under the Americans with Disabilities Act, the Washington Law Against Discrimination (RCW 49.60), or any other applicable federal or state law governing accessibility of digital content provided by Consultant under this Agreement. 8. Independent Contractor Relationship. 8.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject Page 174 of 245 APEX Companies, LLC PSA #: TBD Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) – Project Number (TBD) Version 4.17.26 Page 5 of 10 to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 8.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City’s general rights of inspection and review to secure the satisfactory completion thereof. 8.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 8.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 8.3.2 RCW 51.08.195 (Industrial Insurance). 8.3.3 Obtain a City of Pasco business license. 8.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City’s sole discretion, may be detrimental to the City’s interest. 9. Indemnification. 9.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 9.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein Industrial under immunity of constitutes Consultant’s the waiver Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 9.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. Page 175 of 245 APEX Companies, LLC PSA #: TBD Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) – Project Number (TBD) Version 4.17.26 Page 6 of 10 9.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant’s delayed or failed performance of Section 6 above. 10. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 10.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 10.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 10.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the policy with insurance General Liability Commercial Consultant’s respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 10.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 10.1.4 Professional Liability insurance appropriate to the Consultant’s profession. 10.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 10.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 10.2.2 Commercial General Liability insurance shall be written with limits no less than: ☒ $2,000,000 each occurrence; and ☒ $2,000,000 general aggregate; 10.2.3 Professional Liability insurance shall be written with limits no less than: ☒ $2,000,000 per claim; and ☒ $2,000,000 policy aggregate limit; 10.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be Page 176 of 245 APEX Companies, LLC PSA #: TBD Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) – Project Number (TBD) Version 4.17.26 Page 7 of 10 endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 10.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 10.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 10.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 10.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 10.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 10.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 11. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 12. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has Page 177 of 245 APEX Companies, LLC PSA #: TBD Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) – Project Number (TBD) Version 4.17.26 Page 8 of 10 not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 13. Assignment and Subcontracting. 13.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 13.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 13.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 14. Termination. 14.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 14.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 15. General Provisions. 15.1 For the purpose of this Agreement, time is of the essence. 15.2 Notice. Notice provided for in this Agreement shall be sent by: 15.2.1 Personal service upon the Project Administrators; or 15.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. Page 178 of 245 APEX Companies, LLC PSA #: TBD Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) – Project Number (TBD) Version 4.17.26 Page 9 of 10 15.3 The Project Administrator for the purpose of this Agreement shall be: For the City: For the Consultant: Vincent Malong, E.I.T., or designee Engineer II 525 N 3rd Ave Pasco, WA, 99301 malongv@pasco-wa.gov Cory Kratovil, P.E., or designee Senior Civil Engineer 1325 SE Tech Center Dr, Ste 40 Vancouver, WA 98683 Cory.Kratovil@apexcos.com 16. Dispute Resolution. 16.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 16.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 17. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 18. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. Page 179 of 245 APEX Companies, LLC PSA #: TBD Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) – Project Number (TBD) Version 4.17.26 Page 10 of 10 19. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON Harold L. Stewart II, City Manager APEX COMPANIES, LLC Jason Mattox, P.E. – Greater Washington Division Manager ATTEST: City Clerk APPROVED AS TO FORM: Ogden Murphy Wallace, PLLC, City Attorney Page 180 of 245 Apex Companies, LLC CITY OF PASCO, WASHINGTON Scope of Work Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) City of Pasco Project XXXXXX INTRODUCTION Apex Companies, LLC, by and through its wholly owned subsidiary PBS Engineering and Environmental (Apex), and its consultant team have been selected by the City of Pasco (City) to perform traffic and design engineering, land surveying, geotechnical engineering, and right-of-way (ROW) acquisition services for the Broadmoor Tax Increment Financing (TIF) projects. These projects are funded through tax increment financing funds and will follow local procedures for ROW acquisition, design, advertisement, environmental permitting, and bidding. This standalone contract is for the design of the extension of Buckingham Drive (Broadmoor to Road 105), and for the extensions of Road 103 and 105 (from Sandifur Parkway to Buckingham Drive). The project team currently includes: • DKS Associates: Traffic modeling Page 181 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 2 of 25 Apex Companies, LLC OVERALL PROJECT ASSUMPTIONS • Apex will prepare submittal items listed in this scope of work. • Traffic modeling will be performed by DKS Associates (DKS). • A State Environmental Policy Act (SEPA) checklist will be required for this project. If additional cultural resources evaluations are needed, the City will contract directly with the appropriate consultant. • A wildlife survey will need to be completed for the project area. • Cultural resources are not included with this scope of work. If needed, Apex anticipates that the City will contract this out separately. • Landscaping is not included in this amendment. • A field survey will be included. • Geotechnical investigations will be included for infiltration facilities. • All property dedication work will be provided by the adjacent developer(s) and coordinated by the City prior to construction. • No signals will be designed as part of this contract. • Buckingham Drive and Road 103 will include a four-way intersection • Buckingham Drive and Road 105 will be a tee intersection. • All road segments will be fully built out based on the final roadway section. • Geotechnical, survey, permitting, and utility coordination are included in each task. These tasks will be completed for all four projects at once and the cost will be split between the segments. • Project improvements are limited to roadway construction and two intersection improvements; the project does not include developer driven enhancements (e.g., pavers, mid-block crossings, etc.). • The budget assumes there will be no substantive design changes after the 30% plan review. • The total project will be tracked and managed to the bottom line (independent tasks may exceed the planned budget while managing the total project cost to the agreed upon budget). • All four tasks will be delivered in parallel. • Photometrics are not required for this project. • No walls are anticipated with this project. • Remaining funding as part of the greater Broadmoor TIF contract may be used for contingency with City approval. Page 182 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 3 of 25 Apex Companies, LLC SCOPE OF WORK TASK 1 BUCKINGHAM DRIVE (BROADMOOR BOULEVARD TO ROAD 103) Task 1 is for the survey, geotechnical, design, and construction support of Buckingham Drive from Broadmoor Boulevard to Road 103. This work includes the four-legged intersection of Road 103 and Buckingham Drive. Task 1.1. Project Management and Administration Apex shall oversee project tasks and coordinate with City representatives to manage the scope, schedule, and budget for the design engineering phase. The current phase of the project is budgeted for an eight-month design schedule. Subtask 1.1.1. Contract Administration, Invoicing, and Progress Reports • Prepare and submit monthly invoices. Each invoice will include: the date period covered by the invoice; the number of hours worked during the billing period with billing rates shown; expenses and associated markups; the total cost for labor and expenses for the billing period; subconsultants fees including markups for the billing period; and a total amount summarizing labor, expenses, and subconsultant fees. • Prepare a Contract Summary Report to accompany the monthly invoices. The Contract Summary Report will list each invoice, as well as the current invoice, with an itemized summary of invoice numbers, dates, and amounts billed for labor, expenses, and subconsultants as well as total amounts for each invoice. The Contract Summary Report will also list the total amount billed to date, the total amount remaining under the contract, and the contract expiration date. • Maintain required contract documentation. Provide copies of project files and records to the City for audits and public information requests. Final documents shall be provided in electronic format as requested. Deliverables • Monthly invoices, Contract Summary Reports, and Project Status Reports • Project documentation, upon request Subtask 1.1.2. Meetings This item includes the coordination and meetings necessary to successfully complete the project. • Up to 10 weekly phone meetings with City staff. • Up to one internal Apex design team coordination meetings. • Meet with City staff after the review of the 30%, 60%, 90%, and final plan submittals. These meetings will be attended instead of the weekly meetings during this deliverable window. Deliverables • Design Submittal Comment Review and Response Log Subtask 1.1.3. Management, Coordination, and Direction • The consultant shall provide management, coordination, and direction to the project team in order to complete the project on time and within budget. The City fosters a partnership approach of all Page 183 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 4 of 25 Apex Companies, LLC stakeholders in the project. The consultant shall integrate this strategy into the overall management approach. • The consultant shall establish a quality management program and designate responsibility for review of technical work and other deliverable products. • Prepare and maintain a project design schedule. The schedule shall identify consultant tasks and items provided by the City and other consultants. The schedule shall be updated as circumstances require or as requested by the City (this assumes one update). • The consultant shall prepare and submit an activities list and schedule to the City following the Notice to Proceed. The schedule shall show appropriate milestones for the project, including intermediate and final submittal dates for design documents and key decision points. • The consultant shall coordinate consultant tasks and activities with the City. Deliverables • Project schedule and schedule updates • Summary notes of coordination efforts • Quality Assurance and Quality Control (QA/QC) Program Task 1.2. Surveying Subtask 1.2.1. Surveying and Base Map This task involves verification of a drone survey and performing a surface verification survey along the route of Buckingham Drive. This will be done by surveying a cross-section about every 50 feet through the limits of the project and by providing a field survey for project tie-in locations with existing roadways. Deliverables • AutoCAD C3D surface and topographic survey Task 1.3. Geotechnical Engineering Subtask 1.3.1. Geotechnical Engineering Geotechnical investigations will be completed to support the roadway improvements including new utility installation and stormwater swales and subsurface infiltration to manage surface water runoff. A preliminary literature review indicates the site is underlain with Pleistocene gravel and sandy gravel deposits with interbedded silt lenses, as well as Holocene deposits of fine- to medium-grained sand and silt in dunes. Mapping of the site indicates very low to low liquefaction susceptibility and a seismic site class of C or D. Nearby groundwater well logs report dry conditions at depths of up to 30 feet below the existing ground surface (bgs). Work will consist of the following. Geologic Map Review Geologic maps of the site area will be reviewed for information regarding geologic conditions and hazards at or near the site. Subsurface Exploration Subsurface explorations will consist of excavating 16 test pits, 4 at each site, at locations selected in consultation with the development team. The test pits will be excavated to depths of up to 18 feet bgs or practical refusal, Page 184 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 5 of 25 Apex Companies, LLC whichever occurs first. A member of the Apex geotechnical engineering staff will log the explorations and collect disturbed samples at selected depths for classification and laboratory testing. Field Infiltration Testing Sixteen infiltration tests will be completed, one in each test pit, at depths of up to 12 feet bgs in general accordance with eastern Washington test procedures. A soil sample will be collected at each test pit immediately below the infiltration test depth for laboratory testing. Apex will attempt to advance the test pits at least 5 feet below the infiltration test depth to evaluate the vadose zone. Soils Testing Selected samples will be returned to our laboratory and classified by the Unified Soil Classification System (ASTM D2487) and/or the Visual-Manual Procedure (ASTM D2488). Laboratory tests may include natural moisture contents, Atterberg limits, cation exchange capacity testing, and grain-size analyses, as appropriate. Geotechnical Engineering Analyses The data collected during the subsurface exploration, literature research, and testing will be analyzed to develop geotechnical recommendations for design and construction. Deliverable A geotechnical engineering report will be prepared containing the results of our work, including the following information: • Field exploration logs and site plan showing approximate exploration locations • Laboratory test results • Infiltration test results • Groundwater considerations, if encountered Assumptions • Soil samples collected during the investigation will be stored for a minimum of 60 days after completion of subsurface exploration. Additional storage time may be requested for a monthly fee. • Apex will complete a “one call” public utility notification prior to beginning subsurface explorations. • Environmental services are not included in this geotechnical proposal. In the event environmental contamination is encountered during fieldwork, the Client will be notified immediately. Apex can provide these services, if requested, for an additional fee. • Test pits will result in disturbance to the ground surface within an approximate 10- to 15-foot radius. Test pits are backfilled with excavated soil, which will settle over time. Our scope and fee does not include restoring the ground surface to the original conditions (e.g., compaction, topsoil, and seeding). Task 1.4. Environmental Review and Documentation SEPA will be required for this project (Cultural Resources by others not in contract) SEPA Mitigated Determination of Non-Significance (MDNS) is anticipated. Per the MDNS, we are required to determine if burrowing owls or black-tailed jackrabbit are currently present on the site. Page 185 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 6 of 25 Apex Companies, LLC Due to the timing of the project, burrowing owls are not expected to be on the site as they do not arrive until around March and April. As such, the survey will identify potential burrows and confirm that there are no indicators of burrowing owl presence. Jackrabbit presence will be determined by a flushing survey, where any wildlife or birds will be flushed out from grass and shrub areas on the site and documented. Jackrabbits are nocturnal and seek cover in these areas during the day. Subtask 1.4.1. Wildlife Survey and Summary Establishment of the presence or absence of critical areas within the project area will require the following tasks: • Compile and review background information for the project area. • Coordinate with WDFW to confirm survey protocols. • Perform a site visit to document existing conditions and survey for potential presence of listed wildlife and/or habitats. • Complete transects on foot and by off-road motorcycle to identify burrows that could be utilized by burrowing owls and jackrabbit scat. • Complete a flushing survey for jackrabbits. • Perform a drone flight to record high-resolution photographs of the site and document current conditions. • Complete a critical areas report detailing the results of the background investigation and field survey. Subtask 1.4.2. SEPA Checklist Establishment of the presence or absence of critical areas within the project area will require the following tasks: • Compile and review background information for the project area. • Perform a site visit to document existing conditions and survey for the presence of listed wildlife. • Complete transects on foot and by off-road motorcycle to identify burrows that could be utilized by burrowing owls and jackrabbit scat. • Complete a flushing survey for jackrabbits. • Perform a drone flight to record high-resolution photographs of the site and present habitats. • Complete a critical areas report detailing the results of the investigation. Deliverable • A memorandum summarizing the result of the field survey results in PDF format • A map of identified burrows and other evidence of wildlife • Digital files of the location of any identified resources • SEPA Checklist Assumptions • Apex will have right-of-entry to the project area with at least 48 hours’ notice. • The memorandum will not address permitting or mitigation requirements. Page 186 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 7 of 25 Apex Companies, LLC Task 1.5. Design Engineering The consultant will advance the design from the Broadmoor Subarea Plan during the current phase of the project. The consultant team will be responsible for providing design engineering services for the deliverables outlined below for the following submittals. Subtask 1.5.1. 30% Design (Plans and Estimate) The consultant will develop the project to a 30% level of design based on the work performed to date and the Broadmoor Subarea Plan. This will be used to facilitate coordination with the adjacent developers. Design tasks include the following: • Develop a preferred cross-section through collaboration with the City. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit a 30% Strip Map for review. • Meet with City staff after review of the 30% Strip Map. The 30% Strip Map shall include the following: • An anticipated project planimetric information • A preliminary roadway profile • A preliminary project footprint Deliverables • The 30% Strip Map and opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Draft Stormwater Calculations and Memo of Assumptions Subtask 1.5.2. 60% Design (Plans and Estimate) The consultant will develop construction documents to the 60% design stage. These documents will consist of plans, format, and an opinion of probable construction cost. Design tasks include the following: • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit 60% plans for review. • Meet with City staff after review of the 60% plans. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into Joint Utility Trench (JUT) The 60% plan set shall include the following, for a total of 37 pages: • Cover sheet (1 pages) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) Page 187 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 8 of 25 Apex Companies, LLC • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • Americans with Disabilities Act (ADA) grading sheets (4 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and Striping plans and details (5 pages) • Illumination plans and details (5 pages) Deliverables • 60% construction plans and opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Draft Stormwater Calculations and Memo of Assumptions Subtask 1.5.3. 90% Design (PS&E) The consultant will address review comments from the 60% plans and develop construction documents to the 90% design stage. These documents will consist of plans, contract specifications in Washington State Department of Transportation (WSDOT) format, and an opinion of probable construction cost. Design tasks include the following: • Update street design based on comments from 60% plans. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit the 90% plan review set for review. • Meet with City staff after review of the 90% plans. • Project specifications • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT The 90% plan set shall include the following, for a total of 42 pages: • Cover sheet (1 page) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • ADA grading sheets (4 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and Striping plans and details (5 pages) • Illumination plans and details (5 pages) • Standard details (5 pages) Deliverables • 90% construction plans (PDF) • Specifications (Word) Page 188 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 9 of 25 Apex Companies, LLC • Opinion of probable construction costs (final) in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Final Stormwater Report and Calculations Subtask 1.5.4 Final Design (PS&E) The consultant will address review comments from the 90% plans and develop construction documents to the final design stage. These documents will consist of plans, contract specifications in WSDOT format, and an opinion of probable construction cost. Design tasks include the following: • Update street design based on comments from 90% plans. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit a draft final plan set for review. • Meet with City staff after review of the draft final plans. • Address draft final plan comments from the City and submit final plans, specifications, and estimates (PS&E) for construction. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT The final plan set shall include the following, for a total of 42 pages: • Cover sheet (1 page) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • ADA grading sheets (4 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and Striping plans and details (5 pages) • Illumination plans and details (5 pages) • Standard details (5 pages) Deliverables • Construction plans (PDF) • Final specifications (Word) • Opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Commercial Service request assistance • Final Stormwater Report and Calculations Page 189 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 10 of 25 Apex Companies, LLC Assumptions • The City will compile all bid document packages. • Up to 10 bidder questions and 2 addendums will be issued in the bidding phase. Subtask 1.5.5. QA/QC The consultant will provide QA/QC for design work in accordance with the consultant’s QA/QC Program. The consultant will provide senior-level design and construction personnel to review plan submittals and provide technical support. Task 1.6. Utility Coordination The consultant will coordinate with utilities within the project limits to obtain existing system mapping and will review mapping for consistency with the project base map. The consultant will conduct a utility reconnaissance of the project corridor to determine visual evidence of underground and aboveground utility facilities and confirm completeness of the utility-provided facility maps and project base map. The consultant will also identify and discuss with each utility special requirements associated with their facility relocation or modification. Subtask 1.6.1. Preliminary Utility Coordination The consultant will coordinate with utilities within the project limits to obtain existing system mapping and will review mapping for consistency with the project base map. The consultant will conduct a utility reconnaissance of the project corridor to determine visual evidence of underground and aboveground utility facilities and confirm completeness of the utility-provided facility maps and project base map. The consultant will also identify and discuss with each utility special requirements associated with their facility relocation or modification. Deliverables • At the 30% Submittal Existing utilities identified and marked on survey basemapping based off utility feedback. Subtask 1.6.2. Utility Meetings Organize one group utility meeting to provide the latest overall project information. Such meetings will address known facilities, potential for impact, timing requirements for potential relocations, and information of reimbursable requirements. The meeting will also allow the exchange of each utility’s relocation plans with the other utilities in order to maximize compatibility of relocation designs and utility and roadway construction sequencing. Work may also include JUT coordination. Task 1.7. Construction Support The consultant will provide construction management support as requested by the City. Work is anticipated to include some or all of the following. As the actual level of support is unknown, 100 Apex hours have been budgeted to support the City on a requested basis. Subtask 1.7.1. Construction Support Preconstruction and Kickoff Meetings • Apex will attend the preconstruction conference (PreCon) meeting. Apex will attend and take meeting notes. Page 190 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 11 of 25 Apex Companies, LLC Assumptions • Coordination and PreCon meetings will be attended by the Apex construction services engineer and design engineer as requested. QA/QC Construction Surveying Apex will provide a QA/QC construction survey for the project when asked for by the City. The following is a list of survey items, which the survey will not be limited to. • Project control perpetuation • Structural survey • Joint utility trench (every 50 feet) • Curb line • Roadway grading • ADA compliance • Utility structures Assumptions • 48 hours’ notice is required prior to each request. On-Site Meetings As requested, Apex will attend on-site project progress and utility coordination meetings. Other specific pre-work meetings may include the following (based on need during construction or City or contractor request): traffic control/staging, construction surveying, Hot mix asphalt (HMA) paving, and striping. Apex will take meeting notes for each meeting attended. Generally, Apex’s Construction Engineer or Project Assistant, Apex Inspector, and contractor will attend. Progress meetings will be used to promote effective communication between the City, Apex, contractor, and other project stakeholders. Deliverables • Construction meeting notes provided to the City Material Submittals As requested, Apex will assist the City in the review of material submittals (Manufacturer’s Certificates of Compliance, Certificates of Material Origin, cut sheets, Qualified Product List sheets, etc.), construction sequence schedules, shop drawings, and other items required from the contractor to ensure compliance with contract requirements. Apex may review the following submittals, including but not limited to: material-specific submittals, HMA and concrete mix designs, illumination materials, landscape items, and others required by construction contract specifications. Deliverables • Record of materials (based on information provided to Apex) • Copies of approved material submittals • Copies of written communications with the contractor Page 191 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 12 of 25 Apex Companies, LLC Response to Questions and Change Orders Apex will assist the City in response to requests for information (RFIs) and responses for clarifications (RFCs) by the contractor and provide supplemental information as needed to maintain the progress of the work. If field adjustments are required, as a result of a change in conditions or a desired change by the City, Apex will prepare necessary change order documents and plan revisions for approval by City staff. Apex’s duties will include the following: • Assisting the City with addressing construction questions and RFIs from the Contractor. • Assisting the City with processing RFCs from the Contractor. • Assisting the City with preparing field directives and change orders and providing these to the City for approval and issuance to the contractor. Exclusions • Approval of change order paperwork to the contractor Deliverables • Copies of RFIs to City staff • Copies of RFCs to City staff • Plan sheets for design changes Site Visits Apex’s Construction Engineer will perform site visits as necessitated by concerns or issues arising from construction, or when requested by the City. As-Builts Apex will assist and support the Final Plans that will be revised to conform to construction record drawings from information supplied by the contractor and as reviewed by the City Construction Management team. The as- builts will be submitted to the City both in a PDF and an electronic data format consistent with CoP geographic information system (GIS) requirements. Apex’s duties may include the following: • Assisting in the review Construction Record Drawings provided by the contractor. • Assisting in the collection of as-built survey information for underground utilities (storm sewer, sanitary sewer) and aboveground water features (meters and hydrants). • Assisting in the submittal of draft As-built drawings for City review. • Assisting in the revision of the as-built drawings based on City comments and submit final as-built drawings for approval. Deliverables • Reviewed Construction Record Drawings Page 192 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 13 of 25 Apex Companies, LLC Task 1.8. DKS Traffic Support Subtask 1.8.1. Traffic Analysis DKS will review the citywide travel demand model and confirm the land use assumptions reflect the latest assumptions for adjacent lots. DKS will then analyze the mid- (10-year) and long-term (20-year) traffic operations in Synchro/SimTraffic and will include queuing analysis to size the turn bays. The analysis will include PM weekday peak hour. The traffic operations and queuing needs will be reported for the roadway segment covered under this task. DKS will perform the following services up to the agreed upon task fee upon request by the City to support the segment TIF project through construction: • Traffic Design review of signing and striping plans during PS&E • Traffic Design review of amendments and RFI responses during construction of the Broadmoor Area TIF project related to roadway segment covered under this task Deliverables • A short memorandum summarizing traffic analysis findings and design recommendations for the road segment • One coordination meeting (virtual) up to one hour with City public works and CED staff to discuss land use assumptions for the areas directly impacting the road segment • Regular virtual coordination meetings (up to 10) for 30 minutes in length • Red-lined comments on PS&E sheets and documents for the road segment Assumptions • All traffic analysis will be focused primarily on the PM weekday peak hour and will incorporate previously collected traffic counts provided by the City. Page 193 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 14 of 25 Apex Companies, LLC TASK 2 BUCKINGHAM DRIVE (ROAD 103 TO ROAD 105) Task 2 is for the survey, geotechnical, design, and construction support of Buckingham Drive from the intersection of Road 103 and Buckingham Drive to the intersection of Road 105 and Buckingham Drive. This work includes the tee intersection of Road 105 and Buckingham Drive. The rest of Task 2.1’s scope is the same as that of Subtasks 1.1.1, 1.1.2, and 1.1.3. Task 2.2. Surveying Subtask 2.2.1. Surveying and Base Map The scope is the same as that of Task 1.2.1. Task 2.3. Geotechnical Engineering Subtask 2.3.1. Geotechnical Engineering The scope is the same as that of Subtask 1.3.1. Task 2.4. Environmental Review and Documentation The scope is the same as that of Subtasks 1.4.1, and 1.4.2. Task 2.5. Design Engineering The consultant will advance the design from the Broadmoor Subarea Plan during the current phase of the project. The consultant team will be responsible for providing design engineering services for the deliverables outlined below for the following submittals. Subtask 2.5.1. 30% Design (Plans and Estimate) The consultant will develop the project to a 30% level of design based on the work performed to date and the Broadmoor Subarea Plan. This will be used to facilitate coordination with the adjacent developers. Design tasks include the following: • Develop a preferred cross-section through collaboration with the City. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit the 30% Strip Map for review. • Meet with City staff after review of the 30% Strip Map. The 30% Strip Map shall include the following: • Anticipated project planimetric information • Preliminary roadway profile • Preliminary project footprint Deliverables • The 30% Strip Map and opinion of probable construction costs in PDF format and Excel • Quantity backup CAD files and Excel sheets • A draft Stormwater Calculations and Memo of Assumptions Page 194 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 15 of 25 Apex Companies, LLC Subtask 2.5.2. 60% Design (Plans and Estimate) The consultant will develop construction documents to the 60% design stage. These documents will consist of plans, format, and an opinion of probable construction cost. Design tasks include the following: • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit the 60% plans for review. • Meet with City staff after review of the 60% plans. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT. The 60% plan set shall include the following, for a total of 36 pages: • Cover sheet (1 page) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • ADA grading sheets (3 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and striping plans and details (5 pages) • Illumination plans and details (5 pages) Deliverables • 60% construction plans and opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • A draft Stormwater Calculations and Memo of Assumptions Subtask 2.5.3. 90% Design (PS&E) The consultant will address review comments from the 60% plans and develop construction documents to the 90% design stage. These documents will consist of plans, contract specifications in WSDOT format, and an opinion of probable construction cost. Design tasks include the following: • Update street design based on comments from 60% plans. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit the 90% plan review set for review. • Meet with City staff after review of the 90% plans. • Project specifications. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT. Page 195 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 16 of 25 Apex Companies, LLC The 90% plan set shall include the following, for a total of 41 pages: • Cover sheet (1 page) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • ADA grading sheets (3 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and striping plans and details (5 pages) • Illumination plans and details (5 pages) • Standard details (5 pages) Deliverables • 90% construction plans (PDF) • Specifications (Word) • Opinion of probable construction costs (final) in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Final Stormwater Report and Calculations Subtask 2.5.4 Final Design (PS&E) The consultant will address review comments from the 90% plans and develop construction documents to the final design stage. These documents will consist of plans, contract specifications in WSDOT format, and an opinion of probable construction cost. Design tasks include the following: • Update street design based on comments from the 90% plans. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit a draft final plan set for review. • Meet with City staff after review of the draft final plans. • Address draft final plan comments from the City and submit the final PS&E for construction. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT. The final plan set shall include the following, for a total of 41 pages: • Cover sheet (1 page) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) Page 196 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 17 of 25 Apex Companies, LLC • Roadway and stormwater plan over profile sheets (4 pages) • ADA grading sheets (3 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and striping plans and details (5 pages) • Illumination plans and details (5 pages) • Standard details (5 pages) Deliverables • Construction plans (PDF) • Final specifications (Word) • Opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Commercial Service request assistance • Final Stormwater Report and Calculations Assumptions • The City will compile all bid document packages. • Up to 10 bidder questions and 2 addendums will be issued in the bidding phase. Subtask 2.5.5. QA/QC The consultant will provide QA/QC for design work in accordance with the consultant’s QA/QC Program. The consultant will provide senior-level design and construction personnel to review plan submittals and provide technical support. Task 2.6. Utility Coordination The scope will be the same as that of Subtasks 1.6.1 and 1.6.2. Task 2.7. Construction Support The scope will be the same as that of Task 1.7. Task 2.8. DKS Traffic Support Subtask 2.8.1. Traffic Analysis The scope will be the same as that of Subtask 1.8.1. Page 197 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 18 of 25 Apex Companies, LLC TASK 3 ROAD 103 (SANDIFUR BOULEVARD TO BUCKINGHAM DRIVE) Task 3 is for the survey, geotechnical, design, and construction support of Road 103 from the intersection of Road 103 and Sandifur Boulevard to the intersection of Road 103 and Buckingham Drive. No intersections are included in this task. Rest of Task 3.1’s scope is the same as that of Subtasks 1.1.1, 1.1.2, and 1.1.3. Task 3.2. Surveying Subtask 3.2.1. Surveying and Base Map The scope will be the same as that of Task 1.2.1. Task 3.3. Geotechnical Engineering Subtask 3.3.1. Geotechnical Engineering The scope will be the same as that of Subtask 1.3.1. Task 3.4. Environmental Review and Documentation The scope will be the same as that of Subtasks 1.4.1 and 1.4.2. Task 3.5. Design Engineering The consultant will advance the design from the Broadmoor Subarea Plan during the current phase of the project. The consultant team will be responsible for providing design engineering services for the deliverables outlined below for the following submittals. Subtask 3.5.1. 30% Design (Plans and Estimate) The consultant will develop the project to a 30% level of design based on the work performed to date and the Broadmoor Subarea Plan. This will be used to facilitate coordination with the adjacent developers. Design tasks include the following: • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit the 30% Strip Map for review. • Meet with City staff after review of the 30% Strip Map The 30% Strip Map shall include the following: • Anticipated project planimetric information • Preliminary roadway profile • Preliminary project footprint Deliverables • The 30% Strip Map and opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Draft Stormwater Calculations and Memo of Assumptions Subtask 3.5.2. 60% Design (Plans and Estimate) The consultant will develop construction documents to the 60% design stage. These documents will consist of plans, format, and an opinion of probable construction cost. Page 198 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 19 of 25 Apex Companies, LLC Design tasks include the following: • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit 60% plans for review. • Meet with City staff after review of the 60% plans. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT. The 60% plan set shall include the following, for a total of 33 pages: • Cover sheet (1 page) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and striping plans and details (5 pages) • Illumination plans and details (5 pages) Deliverables • 60% construction plans and opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Draft Stormwater Calculations and Memo of Assumptions Subtask 3.5.3. 90% Design (PS&E) The consultant will address review comments from the 60% plans and develop construction documents to the 90% design stage. These documents will consist of plans, contract specifications in WSDOT format, and an opinion of probable construction cost. Design tasks include the following: • Update street design based on comments from the 60% plans. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit the 90% plan review set for review. • Meet with City staff after review of the 90% plans. • Project specifications. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT. The 90% plan set shall include the following, for a total of 38 pages: • Cover sheet (1 page) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) Page 199 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 20 of 25 Apex Companies, LLC • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and striping plans and details (5 pages) • Illumination plans and details (5 pages) • Standard details (5 pages) Deliverables • 90% construction plans (PDF), • Specifications (Word) • Opinion of probable construction costs (final) in PDF and Excel format • Quantity backup CAD files and Excel sheets • Final Stormwater Report and Calculations Subtask 3.5.4 Final Design (PS&E) The consultant will address review comments from the 90% plans and develop construction documents to the final design stage. These documents will consist of plans, contract specifications in WSDOT format, and an opinion of probable construction cost. Design tasks include the following: • Update street design based on comments from 90% plans. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit a draft final plan set for review. • Meet with City staff after review of the draft final plans. • Address draft final plan comments from the City and submit the final PS&E for construction. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT. The final plan set shall include the following, for a total of 38 pages: • Cover sheet (1 page) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and striping plans and details (5 pages) • Illumination plans and details (5 pages) • Standard details (5 pages) Page 200 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 21 of 25 Apex Companies, LLC Deliverables • Construction plans (PDF) • Final specifications (Word) • Opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Commercial Service request assistance • Final Stormwater Report and Calculations Assumptions • The City will compile all bid document packages. • Up to 10 bidder questions and 2 addendums will be issued in the bidding phase. Subtask 3.5.5. QA/QC The consultant will provide QA/QC for design work in accordance with the consultant’s QA/QC Program. The consultant will provide senior-level design and construction personnel to review plan submittals and provide technical support. Task 3.6. Utility Coordination The scope will be the same as that of Subtasks 1.6.1 and 1.6.2. Subtask 3.7. Construction Support The scope will be the same as that of Task 1.7. Task 3.8. DKS Traffic Support Subtask 3.8.1. Traffic Analysis The scope will be the same as that of Subtask 1.8.1. Page 201 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 22 of 25 Apex Companies, LLC TASK 4 ROAD 105 (SANDIFUR BOULEVARD TO BUCKINGHAM DRIVE) Task 4 is for the survey, geotechnical, design, and construction support of Road 105 from the intersection of Road 105 and Sandifur Boulevard to the intersection of Road 105 and Buckingham Drive. No intersections are included in this task. The rest of Task 4.1’s scope is the same as that of Subtasks 1.1.1, 1.1.2, and 1.1.3. Task 4.2. Surveying Subtask 4.2.1. Surveying and Base Map The scope will be the same as that of Task 1.2.1. Task 4.3. Geotechnical Engineering Subtask 4.3.1. Geotechnical Engineering The scope will be the same as that of Subtask 1.3.1. Task 4.4. Environmental Review and Documentation The scope will be the same as that of subtasks 1.4.1 and 1.4.2. Task 4.5. Design Engineering The consultant will advance the design from the Broadmoor Subarea Plan during the current phase of the project. The consultant team will be responsible for providing design engineering services for the deliverables outlined below for the following submittals. Subtask 4.5.1. 30% Design (Plans and Estimate) The consultant will develop the project to a 30% level of design based on the work performed to date and the Broadmoor Subarea Plan. This will be used to facilitate coordination with the adjacent developers. Design tasks include the following: • Develop a preferred cross-section through collaboration with the City. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit the 30% Strip Map for review. • Meet with City staff after review of the 30% Strip Map. The 30% Strip Map shall include the following: • Anticipated project planimetric information • Preliminary roadway profile • Preliminary project footprint Deliverables • The 30% Strip Map and opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Draft Stormwater Calculations and Memo of Assumptions Page 202 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 23 of 25 Apex Companies, LLC Subtask 4.5.2. 60% Design (Plans and Estimate) The consultant will develop construction documents to the 60% design stage. These documents will consist of plans, format, and an opinion of probable construction cost. Design tasks include the following: • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit 60% plans for review. • Meet with City staff after review of the 60% plans. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT. The 60% plan set shall include the following, for a total of 33 pages: • Cover sheet (1 page) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and striping plans and details (5 pages) • Illumination plans and details (5 pages) Deliverables • 60% construction plans and opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Draft Stormwater Calculations and Memo of Assumptions Subtask 4.5.3. 90% Design (PS&E) The consultant will address review comments from the 60% plans and develop construction documents to the 90% design stage. These documents will consist of plans, contract specifications in WSDOT format, and an opinion of probable construction cost. Design tasks include the following: • Update street design based on comments from the 60% plans. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit the 90% plan review set for review. • Meet with City staff after review of the 90% plans. • Project specifications. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT. The 90% plan set shall include the following, for a total of 38 pages: • Cover sheet (1) Page 203 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 24 of 25 Apex Companies, LLC • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and striping plans and details (5 pages) • Illumination plans and details (5 pages) • Standard details (5 pages) Deliverables • 90% construction plans (PDF) • Specifications (Word) • Opinion of probable construction costs (final) in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Final Stormwater Report and Calculations Subtask 4.5.4 Final Design (PS&E) The consultant will address review comments from the 90% plans and develop construction documents to the final design stage. These documents will consist of plans, contract specifications in WSDOT format, and an opinion of probable construction cost. Design tasks include the following: • Update street design based on comments from 90% plans. • Compute quantities and prepare an engineer’s estimate of construction costs. • Submit a draft final plan set for review. • Meet with City staff after review of the draft final plans. • Address draft final plan comments from the City and submit the final PS&E for construction. • City and franchise utility coordination for new City utilities and relocations of franchise utilities into JUT. The final plan set shall include the following, for a total of 38 pages: • Cover sheet (1 page) • Civil legend sheet (1 page) • Typical sections (1 page) • Miscellaneous details (2 pages) • Site prep and demolition plans (2 pages) • Erosion control and grading plans (2 pages) • Erosion control notes detail sheets (2 pages) • Roadway and stormwater plan over profile sheets (4 pages) • ADA grading sheets (4 pages) • Utility plan over profile sheets (sewer, water, irrigation City utilities) (4 pages) • JUT plan over profile sheets (4 pages) • Signing and striping plans and details (5 pages) Page 204 of 245 City of Pasco Broadmoor Area Projects (Buckingham Drive, Road 103, and Road 105) August 2026 Page 25 of 25 Apex Companies, LLC • Illumination plans and details (5 pages) • Standard details (5 pages) Deliverables • Construction plans (PDF) • Final specifications (Word) • Opinion of probable construction costs in PDF and Excel formats • Quantity backup CAD files and Excel sheets • Commercial Service request assistance • Final Stormwater Report and Calculations Assumptions • The City will compile all bid document packages. • Up to 10 bidder questions and 2 addendums will be issued in the bidding phase. Subtask 4.5.5. QA/QC The consultant will provide QA/QC for design work in accordance with the consultant’s QA/QC Program. The consultant will provide senior-level design and construction personnel to review plan submittals and provide technical support. Task 4.6. Utility Coordination The scope will be the same as that of Subtasks 1.6.1 and 1.6.2. Task 4.7– Construction Support The scope will be the same as that of Task 1.7. Task 4.8. DKS Traffic Support Subtask 4.8.1. Traffic Analysis The scope will be the same as that of Subtask 1.8.1. Page 205 of 245