HomeMy WebLinkAbout11/2/2021 - City Council - City Council Meeting Agenda Packet - Jerrilea Crawford, MayorIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
11/2/2021 Council Meeting Agenda Page 1 of 4
East Wenatchee City Council Meeting
Tuesday, November 2, 2021
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
This meeting will be in person or via zoom:
https://us02web.zoom.us/j/81406659226
Phone-in option for the meeting: 253 215 8782, Meeting ID:
814 0665 9226
AGENDA
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1. Consent Items:
a. 11/1/2021 TKE Elevator Service Agreement for 50 Simon Street. Pg. 5
Vouchers:
b. Date: 11/2/2021, Checks: 55799 - 55843, in the amount of $93,771.64. Pg. 19
Minutes:
c. 10/19/2021 Council Meeting Minutes. Pg. 39
Motion by City Council to approve the agenda, vouchers, and minutes from previous
meetings.
2. Citizen Requests/Comments.
The “Citizen Comments” period is to provide the opportunity for members of the public to address the Council on items not listed on
the agenda. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the
microphone, give your name and mailing address, and state the matter of your interest. If your interest is an agenda item, the Mayor
may suggest that your comments wait until that time. Citizen comments will be limited to three minutes.
3. Public Hearings. Pg. 43
The Mayor will call the Public Hearing to order and state the ground rules, the purpose of the hearing, the action that the City
Council may take on the matter, and will state the manner in which the hearing will proceed. Staff will first give a report, followed
by public comments. All speakers must speak into the microphone and clearly state their names and addresses. All comments
should be addressed to the City Council, should be relevant to the topic, and should not be of a personal nature. Public comments
may be limited to three minutes, unless further time is granted by the Mayor. If there are a large number of speakers, a
representative may be appointed to speak on behalf of the group.
a. A public hearing for Ordinances 2021-22, property tax revenue and possible
increases in property tax revenues. Presented by Josh DeLay, Finance Director.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 1 of 267
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
11/2/2021 Council Meeting Agenda Page 2 of 4
i. The first reading of Ordinance 2021-22, authorizing the regular property tax
levy to be collected in the 2022 tax year where the City is opting to bank its
capacity and not take an increase over the 2021 levy. Pg. 44
First reading only.
4. Presentations.
a. Waste Management presentation - Tyler Mackay, Manager, Waste Management
Public Sector Solutions, Central Washington.
5. Department Report.
6. Mayor’s Report.
a. The Veterans Banners are up around the city.
b. The Wings and Wishes, Christmas tree lighting festivities are scheduled on
December 2, 2021, at 6:00 p.m., Events Director Trina Elmes will be providing flyers
to the Council soon.
7. Action Items.
a. The First Reading of Ordinance 2021-27, authorizing a new franchise service
agreement with Waste Management of Washington, Inc. (“Waste Management”) for
solid waste collection, disposal, recycling, and other services (2022-2031 Waste
Management Agreement) – Lori Barnett, Community Development Director. Pg. 49
The first reading only
b. Resolution 2021-32, authorizing the Mayor to sign the amended Interlocal
Agreement between the City of East Wenatchee and the Eastmont School District
for School Resource Officer (SRO) services beginning in the 2022-2023 school year. –
Rick Johnson, Police Chief. Pg. 87
Motion by the City Council to approve Resolution 2021-32 authorizing the Mayor to
sign the amended SRO Agreement as presented.
c. Resolution 2021-25, authorizing the Mayor to sign an Interlocal Agreement by and
among the City of East Wenatchee, Douglas County, Chelan Douglas Regional Port
Authority, Douglas County Public Utility District No. 1, East Wenatchee Water
District, Douglas County Sewer District No. 1, the Washington State University
Agricultural Extension Office for Douglas County, Douglas County Fire District No. 2,
and RiverCom911, (“Contributing Parties”) regarding cost sharing for the creation of
up-to-date orthographic and oblique aerial photographs of Douglas County, together
with associated databases and software, repealing Resolution 2015-23 -Lori Barnett,
Community Development Director. Pg. 100
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 2 of 267
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
11/2/2021 Council Meeting Agenda Page 3 of 4
Motion by the City Council to approve Resolution 2021-25 and authorize the
Mayor’s signature on the Interlocal Agreement for the creation of an up-to-date
orthographic and oblique aerial photographs of Douglas County.
d. Resolution 2021-28, a Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to execute an Interlocal Agreement Between the City of East
Wenatchee and Chelan County for juvenile detention services and establishing an
effective date – Sean Lewis, Prosecuting Attorney. Pg. 112
Motion for the City Council to approve Resolution 2021-28 and authorize the
Mayor to sign an Interlocal Agreement with Chelan County for juvenile detention
services as presented.
e. Resolution 2021-29, authorizing the Mayor to offer an experienced candidate for a
city employment position a monetary signing bonus not to exceed $5,000.00 and/or
a leave bank signing bonus not to exceed 40 hours vacation leave and/or 20 hours
sick leave. Effective through 12/31/2022 – Curtis Lillquist – Planning Manager.
Pg. 121
Motion by City Council to approve Resolution 2021-29, authorizing a signing bonus
for experienced candidates not to exceed $5,000 as presented.
f. Resolution 2021-30, declaring office equipment to include used computer monitors
that are no longer usable and owned by the City as surplus to the needs of the City
and authorize a transfer to a not-for-profit agency – Ike Lasswell, Information
Systems Director. Pg. 125
Motion by the City Council approving Resolution 2021-30 declaring certain
property of the City as surplus to the needs of the City and authorize a transfer as
presented.
g. 2022-2025 Teamsters Local Union No. 760, Police Clerical Employees Labor
Agreement, Collective Bargaining Agreement (CBA) - Rick Johnson, Police Chief.
Pg. 129
Motion by the City Council to approve the Teamsters Local Union No. 760 Collective
Bargaining Agreement as presented and authorize the Mayor to sign.
h. Local Agency Agreement between the City of East Wenatchee and the Washington
State Department of Transportation to obligate design funding for the Portland
Cement Concrete Pavement Intersection Rehabilitation at Grant Road and Highline
Drive (City Proj. 2021-05) - Garren Melton, Interim Public Works Manager. Pg. 160
Motion by the City Council to approve and authorize the Mayor to sign a WSDOT
Local Agency Agreement to obligate design funding for the Grant Road and
Highline Drive intersection rehabilitation as presented.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 3 of 267
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
11/2/2021 Council Meeting Agenda Page 4 of 4
i. Local Agency Agreement between the City of East Wenatchee and the Washington
State Department of Transportation to obligate design funding for the Grant Road
Preservation project (City Proj. 2021-06) - Garren Melton, Interim Public Works
Manager. Pg. 178
Motion by the City Council to approve and authorize the Mayor to sign a WSDOT
Local Agency Agreement to obligate design funding for the Grant Road
Preservation as presented.
j. Local Agency Agreement Supplement 3 between the City of East Wenatchee and the
Washington State Department of Transportation to obligate right of way funding for
the Kenroy Elementary Safe Routes to School project (City Proj. 2019-08) - Garren
Melton, Interim Public Works Manager. Pg. 196
Motion by the City Council to approve and authorize the Mayor to sign the WSDOT
Local Agency Agreement Supplemental 3 to obligate right of way funding and
amend the consultant’s scope of work for the Kenroy Elementary Safe Routes to
School project, not to exceed $455,805.34.
k. Local Agency Agreement Supplement 3 between the City of East Wenatchee and the
Washington State Department of Transportation to obligate right of way funding for
the Sterling Intermediate Safe Routes to School project (City Proj. 2019-09) - Garren
Melton, Interim Public Works Manager. Pg. 218
Motion by the City Council to approve and authorize the Mayor to sign the WSDOT
Local Agency Agreement Supplement 3 to obligate right of way funding and
amend the consultant’s scope of work for the Sterling Intermediate Safe Routes to
School Project, not to exceed $379,255.10.
l. Forte Architects Professional Services Contract for providing design and
construction management services associated with the City of East Wenatchee
Police Department remodel at 50 Simon Street, East Wenatchee (City Proj. 2021-10)
– Garren Melton, Interim Public Works Manager. Pg. 240
Motion by the City Council Authorize the Mayor to sign a Professional Services
Agreement for architectural design and construction management services
associated with Police Department Remodel at 50 Simon Street, not to exceed
$197,857.
8. Reports & Announcements.
a. Reports/New Business of Council Committees
9. Adjournment.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 4 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 5 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 6 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 7 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 8 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 9 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 10 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 11 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 12 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 13 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 14 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 15 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 16 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 17 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 18 of 267
CHECKS: 55799 - 55843
VOIDED CHECKS: 55770
DEPARTMENT/FUND AMOUNT
General Fund 001 $67,415.38
Street Fund 101 $7,234.52
Community Dev Grants Funds 102 $0.00
Transportation Benefit District Fund 105 $0.00
Debt Reserve Fund 110 $0.00
Library Fund 112 $115.16
Hotel/Motel Tax Fund 113 $5,062.00
Drug Fund 114 $0.00
Criminal Justice Fund 116 $0.00
Events Board Fund 117 $52.31
Bond Redemption Fund 202 $0.00
Street Improvements Fund 301 $4,606.95
Storm Water Improvements 308 $0.00
Capital Improvements Fund 314 $1,778.00
Stormwater Fund 401 $5,403.39
Equipment R&R Fund 501 $1,851.93
Cafeteria Plan 634 $0.00
Custodial Activities 635 $252.00
Grand Total All Funds $93,771.64
CITY OF EAST WENATCHEE
CHECK REGISTER
November 2, 2021 PAYABLES
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 19 of 267
Fund Number Description Amount
001 General Fund $67,415.38
101 Street Fund $7,234.52
112 Library Fund $115.16
113 Hotel/Motel Tax Fund $5,062.00
117 Events Board Fund $52.31
301 Street Improvements Fund $4,606.95
314 Capital Improvements Fund $1,778.00
401 Stormwater Fund $5,403.39
501 Equipment Purchase, Repair & Replacement Fund $1,851.93
635 Custodial Activities Fund $252.00
Count: 10 $93,771.64
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2021 - November 2021 - November 2021 1st Council
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:31:13 AM Page 1 of 1
East Wenatchee - Fund Transaction Summary
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 20 of 267
Vendor Number Reference Account Number Description Amount
911 Supply Inc
55800 2021 - November 2021 - November 2021 1st Council
INV-2-13730
Police/Small Tools and Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $281.12
Total INV-2-13730 $281.12
INV-2-13731
Police/Small Tools and Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $412.80
Total INV-2-13731 $412.80
INV-2-13802
Police/Small Tools and Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $83.37
Total INV-2-13802 $83.37
INV-2-13803
Police/Small Tools and Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $173.23
Total INV-2-13803 $173.23
INV-2-13910
Police/Small Tools and Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $152.83
Total INV-2-13910 $152.83
INV-2-13911
Police/Small Tools and Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $433.64
Total INV-2-13911 $433.64
Total 55800 $1,536.99
Total 911 Supply Inc $1,536.99
Airespring Inc
55801 2021 - November 2021 - November 2021 1st Council
153128055
Internal Telephone Line Services
001-000-141-514-20-42-01 Telephone Line Charges $1,117.57
Total 153128055 $1,117.57
Total 55801 $1,117.57
Total Airespring Inc $1,117.57
Voucher Directory
Fiscal: : 2021 - November 2021
Council Date: : 2021 - November 2021 - November 2021 1st Council
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 1 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 21 of 267
Vendor Number Reference Account Number Description Amount
Alan J. Key dba: CWPI LLC.
55802 2021 - November 2021 - November 2021 1st Council
Invoice - 10/25/2021 10:36:09 AM
Police/Polygraph Test
001-000-210-521-10-41-00 Professional Services $589.00
Total Invoice - 10/25/2021 10:36:09 AM $589.00
Total 55802 $589.00
Total Alan J. Key dba: CWPI LLC.$589.00
Apple Land Pest Control & Home Inspections
55803 2021 - November 2021 - November 2021 1st Council
75055
City Hall/General Pest Control
001-000-180-518-30-41-00 Professional Services $292.09
Total 75055 $292.09
Total 55803 $292.09
Total Apple Land Pest Control & Home Inspections $292.09
Arrow Construction Supply Inc.
55804 2021 - November 2021 - November 2021 1st Council
317715
Street/Traffic Supplies
101-000-420-542-64-30-00 Supplies - Traffic Control Devices $328.61
Total 317715 $328.61
Total 55804 $328.61
Total Arrow Construction Supply Inc.$328.61
AT&T Mobility
55805 2021 - November 2021 - November 2021 1st Council
287293799226X10132021
Police/Wireless Communication
001-000-210-521-10-42-01 Telephone $992.18
Total 287293799226X10132021 $992.18
Total 55805 $992.18
Total AT&T Mobility $992.18
AUCA Western First Aid & Safety Lockbox
55806 2021 - November 2021 - November 2021 1st Council
GEG3-001182
Police/Medical Cabinet
001-000-210-521-10-49-00 Miscellaneous $87.34
Total GEG3-001182 $87.34
Total 55806 $87.34
Total AUCA Western First Aid & Safety Lockbox $87.34
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 2 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 22 of 267
Vendor Number Reference Account Number Description Amount
Banner Bank Mastercard
55799 2021 - November 2021 - November 2021 1st Council
Invoice - 10/20/2021 12:27:00 PM
Wellness
001-000-001-518-91-30-00 Wellness $9.74
Total Invoice - 10/20/2021 12:27:00 PM $9.74
Total 55799 $9.74
Total Banner Bank Mastercard $9.74
Bear Signs & Embroidery LLC
55807 2021 - November 2021 - November 2021 1st Council
6595
Police/Uniform Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $130.32
Total 6595 $130.32
Total 55807 $130.32
Total Bear Signs & Embroidery LLC $130.32
Cascade Natural Gas Corp
55808 2021 - November 2021 - November 2021 1st Council
Invoice - 10/27/2021 9:41:12 AM
Natural Gas
101-000-430-543-50-47-00 Utilities - Facilities $1.80
Total Invoice - 10/27/2021 9:41:12 AM $1.80
Total 55808 $1.80
Total Cascade Natural Gas Corp $1.80
Commercial Printing, Inc.
55809 2021 - November 2021 - November 2021 1st Council
126266
Police/Business Cards
001-000-210-521-10-31-00 Office Supplies $59.03
Total 126266 $59.03
Total 55809 $59.03
Total Commercial Printing, Inc.$59.03
Douglas CO Sewer District
55810 2021 - November 2021 - November 2021 1st Council
Invoice - 10/25/2021 11:38:06 AM
Utilities
001-000-180-518-30-47-00 Utilities $700.04
Total Invoice - 10/25/2021 11:38:06 AM $700.04
Total 55810 $700.04
Total Douglas CO Sewer District $700.04
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 3 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 23 of 267
Vendor Number Reference Account Number Description Amount
Douglas County Auditor-Recording
55811 2021 - November 2021 - November 2021 1st Council
78639
Recording Fees
001-000-140-514-20-40-01 Records Services $214.50
Total 78639 $214.50
Total 55811 $214.50
Total Douglas County Auditor-Recording $214.50
Douglas County PUD
55812 2021 - November 2021 - November 2021 1st Council
Invoice - 10/25/2021 12:29:41 PM
Traffic Signal
101-000-420-542-63-47-00 Utilities - Street Lighting $15.00
Total Invoice - 10/25/2021 12:29:41 PM $15.00
Invoice - 10/25/2021 12:31:40 PM
Metered Street Lighting
101-000-420-542-63-47-00 Utilities - Street Lighting $43.00
Total Invoice - 10/25/2021 12:31:40 PM $43.00
Invoice - 10/27/2021 9:19:47 AM
Utilities
001-000-180-518-30-47-00 Utilities $868.84
101-000-420-542-63-47-00 Utilities - Street Lighting $234.00
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $59.00
101-000-420-542-65-47-00 Utilities - Parking Facilities $81.00
101-000-420-542-75-47-00 Utilities - City Parks $65.00
112-000-000-572-50-47-00 Facilities - Utilities $115.16
Total Invoice - 10/27/2021 9:19:47 AM $1,423.00
Invoice - 10/27/2021 9:40:22 AM
Metered Lighting
001-000-180-518-30-47-00 Utilities $19.00
Total Invoice - 10/27/2021 9:40:22 AM $19.00
Total 55812 $1,500.00
Total Douglas County PUD $1,500.00
East Wenatchee Water Dist
55813 2021 - November 2021 - November 2021 1st Council
Invoice - 10/25/2021 11:20:56 AM
Utilities
001-000-180-518-30-47-00 Utilities $5.10
Total Invoice - 10/25/2021 11:20:56 AM $5.10
Invoice - 10/25/2021 11:40:12 AM
Utilities
101-000-430-543-50-47-00 Utilities - Facilities $83.00
Total Invoice - 10/25/2021 11:40:12 AM $83.00
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 4 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 24 of 267
Vendor Number Reference Account Number Description Amount
Invoice - 10/25/2021 11:40:42 AM
Utilities
101-000-420-542-75-47-00 Utilities - City Parks $747.15
Total Invoice - 10/25/2021 11:40:42 AM $747.15
Invoice - 10/25/2021 11:41:06 AM
Utilities
101-000-420-542-75-47-00 Utilities - City Parks $5.10
Total Invoice - 10/25/2021 11:41:06 AM $5.10
Invoice - 10/25/2021 11:41:23 AM
Utilities
101-000-420-542-75-47-00 Utilities - City Parks $193.25
Total Invoice - 10/25/2021 11:41:23 AM $193.25
Invoice - 10/25/2021 11:41:44 AM
Utilities
001-000-180-518-30-47-00 Utilities $406.85
Total Invoice - 10/25/2021 11:41:44 AM $406.85
Invoice - 10/25/2021 11:43:28 AM
Utilities
001-000-180-518-30-47-00 Utilities $83.00
Total Invoice - 10/25/2021 11:43:28 AM $83.00
Invoice - 10/25/2021 11:43:54 AM
Utilities
101-000-420-542-75-47-00 Utilities - City Parks $135.15
Total Invoice - 10/25/2021 11:43:54 AM $135.15
Invoice - 10/25/2021 11:45:53 AM
Utilities
401-000-008-531-00-40-06 Utilities $645.15
Total Invoice - 10/25/2021 11:45:53 AM $645.15
Total 55813 $2,303.75
Total East Wenatchee Water Dist $2,303.75
Fastenal Company
55814 2021 - November 2021 - November 2021 1st Council
WAWEN235986
Street/Roadside Supplies
101-000-420-542-70-30-00 Supplies - Roadside $40.98
Total WAWEN235986 $40.98
WAWEN236062
Street/Roadside Supplies
101-000-420-542-70-30-00 Supplies - Roadside $21.86
Total WAWEN236062 $21.86
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 5 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 25 of 267
Vendor Number Reference Account Number Description Amount
WAWEN236763
Street/Roadside Supplies
101-000-430-543-30-30-00 Supplies - General Services $13.71
Total WAWEN236763 $13.71
Total 55814 $76.55
Total Fastenal Company $76.55
Forte Architects Inc
55815 2021 - November 2021 - November 2021 1st Council
2758A
Project Mgmt/Design,Construction, and Bidding Phase
314-000-000-594-22-60-50 Maintenance Facilities Design $1,778.00
Total 2758A $1,778.00
Total 55815 $1,778.00
Total Forte Architects Inc $1,778.00
Gunarama Wholesale, Inc.
55816 2021 - November 2021 - November 2021 1st Council
1139418
Police/Weapon
001-000-210-521-10-35-00 Small Tools & Equipment $962.59
Total 1139418 $962.59
Total 55816 $962.59
Total Gunarama Wholesale, Inc.$962.59
In-Print
55817 2021 - November 2021 - November 2021 1st Council
3801A
Police/Drug Profession Referral Forms
001-000-210-521-10-31-00 Office Supplies $135.50
Total 3801A $135.50
3847
Police/Business Cards
001-000-210-521-10-41-00 Professional Services $65.04
Total 3847 $65.04
Total 55817 $200.54
Total In-Print $200.54
Interwest Communications
55818 2021 - November 2021 - November 2021 1st Council
19334
Phone Line Extensions
001-000-141-514-20-42-01 Telephone Line Charges $54.20
Total 19334 $54.20
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 6 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 26 of 267
Vendor Number Reference Account Number Description Amount
PP-19204
2021-2022 Service Agreement
001-000-141-514-20-42-01 Telephone Line Charges $1,778.58
Total PP-19204 $1,778.58
Total 55818 $1,832.78
Total Interwest Communications $1,832.78
Ironclad Company
55819 2021 - November 2021 - November 2021 1st Council
11276
Stormwater/Supplies
401-000-008-531-00-30-05 Supplies - NPDES PPGH $3,447.12
Total 11276 $3,447.12
Total 55819 $3,447.12
Total Ironclad Company $3,447.12
Kelley Connect
55820 2021 - November 2021 - November 2021 1st Council
30193541
Copier Fees
001-000-141-514-20-48-00 Repairs & Maintenance $367.99
Total 30193541 $367.99
Total 55820 $367.99
Total Kelley Connect $367.99
Kottkamp & Yedinak, Pllc
55821 2021 - November 2021 - November 2021 1st Council
Invoice - 10/26/2021 2:04:06 PM
October 2021 Public Defender Services
001-000-110-511-60-21-50 Public Defender $5,675.00
Total Invoice - 10/26/2021 2:04:06 PM $5,675.00
Total 55821 $5,675.00
Total Kottkamp & Yedinak, Pllc $5,675.00
Localtel Communications
55822 2021 - November 2021 - November 2021 1st Council
Invoice - 10/25/2021 8:51:09 AM
WIFI Billing
001-000-141-514-20-42-01 Telephone Line Charges $297.95
Total Invoice - 10/25/2021 8:51:09 AM $297.95
Total 55822 $297.95
Total Localtel Communications $297.95
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 7 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 27 of 267
Vendor Number Reference Account Number Description Amount
Maul Foster Alongi
55823 2021 - November 2021 - November 2021 1st Council
44573
Phase 2 Strategic Plan
001-000-111-513-00-40-02 Professional Services $5,264.06
Total 44573 $5,264.06
Total 55823 $5,264.06
Total Maul Foster Alongi $5,264.06
Mobile Fleet Service Inc
55824 2021 - November 2021 - November 2021 1st Council
105643
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $141.18
Total 105643 $141.18
105649
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $141.18
Total 105649 $141.18
105650
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $141.18
Total 105650 $141.18
105651
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $141.18
Total 105651 $141.18
105652
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $141.18
Total 105652 $141.18
105657
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $141.18
Total 105657 $141.18
105658
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $141.18
Total 105658 $141.18
105659
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $141.18
Total 105659 $141.18
Total 55824 $1,129.44
Total Mobile Fleet Service Inc $1,129.44
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 8 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 28 of 267
Vendor Number Reference Account Number Description Amount
Northern Fruit Company
55825 2021 - November 2021 - November 2021 1st Council
4223100
IT/Computer Software
001-000-145-514-20-40-25 Annual License - Municipal Court $515.56
Total 4223100 $515.56
Total 55825 $515.56
Total Northern Fruit Company $515.56
Numerica Credit Union
55826 2021 - November 2021 - November 2021 1st Council
Invoice - 10/27/2021 8:03:59 AM
Police/EWPD Recruiting
001-000-210-521-10-41-00 Professional Services $166.94
Total Invoice - 10/27/2021 8:03:59 AM $166.94
Invoice - 10/27/2021 8:05:36 AM
Background Checks
001-000-000-321-60-00-00 Taxicab Licenses & Permits $11.00
Total Invoice - 10/27/2021 8:05:36 AM $11.00
Invoice - 10/27/2021 8:06:23 AM
Background Checks
001-000-000-321-60-00-00 Taxicab Licenses & Permits $11.00
Total Invoice - 10/27/2021 8:06:23 AM $11.00
Invoice - 10/27/2021 8:06:57 AM
Street/Uniform Tees
101-000-430-543-30-30-00 Supplies - General Services $34.67
Total Invoice - 10/27/2021 8:06:57 AM $34.67
Invoice - 10/27/2021 8:10:31 AM
Background Checks
001-000-000-321-60-00-00 Taxicab Licenses & Permits $11.00
Total Invoice - 10/27/2021 8:10:31 AM $11.00
Invoice - 10/27/2021 8:12:15 AM
Records Management Membership
001-000-140-514-20-40-00 Training $89.00
Total Invoice - 10/27/2021 8:12:15 AM $89.00
Invoice - 10/27/2021 8:14:22 AM
Street/Vehicle Repairs
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $217.07
Total Invoice - 10/27/2021 8:14:22 AM $217.07
Invoice - 10/27/2021 8:19:06 AM
Legal/Conference Lewis
001-000-151-515-31-20-10 Training $102.96
Total Invoice - 10/27/2021 8:19:06 AM $102.96
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 9 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 29 of 267
Vendor Number Reference Account Number Description Amount
Invoice - 10/27/2021 8:20:05 AM
Office Supplies
001-000-140-514-20-31-00 Office Supplies $36.80
Total Invoice - 10/27/2021 8:20:05 AM $36.80
Invoice - 10/27/2021 8:24:06 AM
IT/Computer Software
001-000-145-514-20-31-00 Supplies $12.81
Total Invoice - 10/27/2021 8:24:06 AM $12.81
Invoice - 10/27/2021 8:25:39 AM
Key to the City Apple Blossom
001-000-110-511-60-31-00 Office Supplies $27.10
Total Invoice - 10/27/2021 8:25:39 AM $27.10
Invoice - 10/27/2021 8:26:23 AM
HR/Training
001-000-139-518-10-40-00 Training $35.00
Total Invoice - 10/27/2021 8:26:23 AM $35.00
Invoice - 10/27/2021 8:27:09 AM
Street/City Hall Bathroom Faucet
001-000-180-518-30-48-00 Repairs & Maintenance $283.30
Total Invoice - 10/27/2021 8:27:09 AM $283.30
Invoice - 10/27/2021 8:28:29 AM
Events/Educational Conference
117-000-100-557-30-40-00 Training $475.00
Total Invoice - 10/27/2021 8:28:29 AM $475.00
Invoice - 10/27/2021 8:29:26 AM
Credit
117-000-100-557-30-40-00 Training ($475.00)
Total Invoice - 10/27/2021 8:29:26 AM ($475.00)
Invoice - 10/27/2021 8:30:09 AM
Police/Vehicle Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $46.60
Total Invoice - 10/27/2021 8:30:09 AM $46.60
Invoice - 10/27/2021 8:31:57 AM
Police/Information on Records
001-000-210-521-40-27-00 Training - Office Staff $149.00
Total Invoice - 10/27/2021 8:31:57 AM $149.00
Invoice - 10/27/2021 8:33:01 AM
Set of Keys for Mayor's office
001-000-110-511-60-31-00 Office Supplies $163.61
Total Invoice - 10/27/2021 8:33:01 AM $163.61
Invoice - 10/27/2021 8:34:29 AM
Street/Repair Supplies
001-000-180-518-30-48-00 Repairs & Maintenance $223.15
Total Invoice - 10/27/2021 8:34:29 AM $223.15
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 10 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 30 of 267
Vendor Number Reference Account Number Description Amount
Invoice - 10/27/2021 8:39:34 AM
IT/Computer Software
001-000-145-514-20-31-00 Supplies $12.81
Total Invoice - 10/27/2021 8:39:34 AM $12.81
Invoice - 10/27/2021 8:40:36 AM
IT/Computer Software
001-000-145-594-14-60-20 Capital - PC Software Admin $1,461.99
Total Invoice - 10/27/2021 8:40:36 AM $1,461.99
Invoice - 10/27/2021 8:45:38 AM
Police/Small Tools and Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $148.00
Total Invoice - 10/27/2021 8:45:38 AM $148.00
Invoice - 10/27/2021 8:47:42 AM
Police/Fuel
001-000-210-521-10-32-00 Fuel Consumed $47.38
Total Invoice - 10/27/2021 8:47:42 AM $47.38
Invoice - 10/27/2021 8:48:10 AM
Job Postings
001-000-139-518-10-40-03 Advertising $200.00
Total Invoice - 10/27/2021 8:48:10 AM $200.00
Invoice - 10/27/2021 8:48:51 AM
Police/Training
001-000-210-521-10-35-00 Small Tools & Equipment $78.00
Total Invoice - 10/27/2021 8:48:51 AM $78.00
Invoice - 10/27/2021 8:52:28 AM
Police/Small Tools and Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $17.32
Total Invoice - 10/27/2021 8:52:28 AM $17.32
Invoice - 10/27/2021 9:12:04 AM
Police/Small Tools and Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $62.03
Total Invoice - 10/27/2021 9:12:04 AM $62.03
Invoice - 10/27/2021 9:14:21 AM
IT/Computer Software Supplies
001-000-145-594-14-60-25 Capital - PC Hardware Admin $66.00
Total Invoice - 10/27/2021 9:14:21 AM $66.00
Invoice - 10/27/2021 9:16:03 AM
Police/Accidental Charges from Officer
001-000-210-521-10-49-00 Miscellaneous $69.00
Total Invoice - 10/27/2021 9:16:03 AM $69.00
Total 55826 $3,783.54
Total Numerica Credit Union $3,783.54
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 11 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 31 of 267
Vendor Number Reference Account Number Description Amount
O'Reilly
55827 2021 - November 2021 - November 2021 1st Council
2521-250230
Street/Vehicle Repairs
501-000-000-542-90-48-25 Street Vehicle Repair Supplies $125.62
Total 2521-250230 $125.62
2521-251734
Street/Vehicle Repairs
501-000-000-542-90-48-25 Street Vehicle Repair Supplies $25.86
Total 2521-251734 $25.86
2521-251763
Street/Parks Supplies
101-000-420-542-75-30-00 Supplies - City Parks $17.33
Total 2521-251763 $17.33
2521-251818
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-25 Street Vehicle Repair Supplies $19.47
Total 2521-251818 $19.47
2521-251989
Street and Police Vehicle Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $51.77
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $69.19
Total 2521-251989 $120.96
2521-252026
Ancillary Interfund
001-000-210-521-50-10-00 Ancillary (Interfund Vehicle Maintenance)$34.99
Total 2521-252026 $34.99
2521-252091
Ancillary Interfund
001-000-210-521-50-10-00 Ancillary (Interfund Vehicle Maintenance)$89.19
Total 2521-252091 $89.19
2521-252165
Street/Vehicle Repairs
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $7.44
Total 2521-252165 $7.44
2521-252399
Street/Plow Repairs
Total 2521-252399
2521-252480
Police and Street Vehicle Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $59.60
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $4.59
Total 2521-252480 $64.19
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 12 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 32 of 267
Vendor Number Reference Account Number Description Amount
2521-253432
Street/Snow and Ice Supplies
101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $119.11
Total 2521-253432 $119.11
2521-253552
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-25 Street Vehicle Repair Supplies $95.28
Total 2521-253552 $95.28
Total 55827 $719.44
Total O'Reilly $719.44
Rh2 Engineering, Inc.
55828 2021 - November 2021 - November 2021 1st Council
83650
Stormwater/Overlay Improvements
401-000-012-594-31-60-05 Small Improvements Projects $1,180.80
Total 83650 $1,180.80
83790
Stormwater/9th St NE and Valley Mall
301-000-000-595-64-40-01 Design - 9th/VMP Intersection $4,606.95
Total 83790 $4,606.95
Total 55828 $5,787.75
Total Rh2 Engineering, Inc.$5,787.75
Rivercom
55829 2021 - November 2021 - November 2021 1st Council
Invoice - 10/26/2021 1:59:42 PM
October 2021 Emergency Dispatch Services
001-000-001-528-70-40-00 River Com $21,770.90
Total Invoice - 10/26/2021 1:59:42 PM $21,770.90
Total 55829 $21,770.90
Total Rivercom $21,770.90
Roadwise, Inc dba: GMCO
55830 2021 - November 2021 - November 2021 1st Council
21-3668
Street/Snow and Ice Control
101-000-420-542-66-30-00 Supplies - Snow & Ice Control $4,561.03
Total 21-3668 $4,561.03
Total 55830 $4,561.03
Total Roadwise, Inc dba: GMCO $4,561.03
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 13 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 33 of 267
Vendor Number Reference Account Number Description Amount
Safeguard
55831 2021 - November 2021 - November 2021 1st Council
034707531
Court/Bank Deposit Slips
001-000-120-512-50-31-00 Office Supplies $151.61
Total 034707531 $151.61
Total 55831 $151.61
Total Safeguard $151.61
State Auditor's Office
55832 2021 - November 2021 - November 2021 1st Council
L144427
Federal and Financial Audit
001-000-142-514-23-20-00 State Audit $1,187.55
Total L144427 $1,187.55
Total 55832 $1,187.55
Total State Auditor's Office $1,187.55
Steven Etne dba: Moonlight Curbing
55833 2021 - November 2021 - November 2021 1st Council
691056
Street/Mower Edge Setup
001-000-180-518-30-41-00 Professional Services $810.90
Total 691056 $810.90
Total 55833 $810.90
Total Steven Etne dba: Moonlight Curbing $810.90
Tony Ditommaso PS
55834 2021 - November 2021 - November 2021 1st Council
Invoice - 10/26/2021 2:02:52 PM
October 2021 Public Defender Services
001-000-110-511-60-21-50 Public Defender $5,675.00
Total Invoice - 10/26/2021 2:02:52 PM $5,675.00
Total 55834 $5,675.00
Total Tony Ditommaso PS $5,675.00
Traffic Safety Supply
55835 2021 - November 2021 - November 2021 1st Council
INV043135
Street/Traffic Safety Supplies
101-000-420-542-64-30-00 Supplies - Traffic Control Devices $169.66
Total INV043135 $169.66
Total 55835 $169.66
Total Traffic Safety Supply $169.66
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 14 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 34 of 267
Vendor Number Reference Account Number Description Amount
Verizon Wireless
55836 2021 - November 2021 - November 2021 1st Council
9889820533
City Hall/Cell Phones
001-000-111-513-00-40-03 Cell Phone $42.11
001-000-145-514-20-42-00 Cell Phone $62.31
001-000-315-542-10-40-00 Cell Phone $64.17
101-000-430-543-50-42-01 Cell Phone $88.72
117-000-100-557-30-42-00 Cell Phone $52.31
401-000-001-531-00-40-00 Cell Phone $52.31
Total 9889820533 $361.93
Total 55836 $361.93
Total Verizon Wireless $361.93
Wash ST Dept of Licensing
55837 2021 - November 2021 - November 2021 1st Council
EWP002390 Evans
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002390 Evans $18.00
EWP002393 Graves
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002393 Graves $18.00
EWP002399 Ashbrook
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002399 Ashbrook $18.00
EWP002401 Smith
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002401 Smith $18.00
EWP002404 Lucia
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002404 Lucia $18.00
EWP002405 Thorn
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002405 Thorn $18.00
EWP002407 Lueders
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002407 Lueders $18.00
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 15 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 35 of 267
Vendor Number Reference Account Number Description Amount
EWP002408 Kazulina
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002408 Kazulina $18.00
EWP002409 Dedmon
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002409 Dedmon $18.00
EWP002410 Crockett
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002410 Crockett $18.00
EWP002413 Taylor
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002413 Taylor $18.00
EWP002414 Arellano
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002414 Arellano $18.00
EWP002415 Critchell
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002415 Critchell $18.00
EWP002416 Nyblod
Gun Permit
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
Total EWP002416 Nyblod $18.00
Total 55837 $252.00
Total Wash ST Dept of Licensing $252.00
Washington State Transit Insurance Pool
55838 2021 - November 2021 - November 2021 1st Council
125996
Driver Record Monitoring
001-000-139-518-10-40-04 Insurance $5.95
Total 125996 $5.95
Total 55838 $5.95
Total Washington State Transit Insurance Pool $5.95
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 16 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 36 of 267
Vendor Number Reference Account Number Description Amount
Wenatchee Valley Humane Society
55839 2021 - November 2021 - November 2021 1st Council
Invoice - 10/26/2021 2:00:38 PM
October 2021 Animal Control Services
001-000-001-539-30-40-00 Animal Control $6,248.76
Total Invoice - 10/26/2021 2:00:38 PM $6,248.76
Total 55839 $6,248.76
Total Wenatchee Valley Humane Society $6,248.76
Wenatchee Valley Museum & Cultural Center
55840 2021 - November 2021 - November 2021 1st Council
Invoice - 10/26/2021 2:07:05 PM
October 2021 Contract Fee
001-000-001-558-70-41-15 Wenatchee Valley Museum $5,062.00
113-000-000-557-30-41-15 Wenatchee Valley Museum & CC $5,062.00
Total Invoice - 10/26/2021 2:07:05 PM $10,124.00
Total 55840 $10,124.00
Total Wenatchee Valley Museum & Cultural Center $10,124.00
Wilbur-Ellis Company
55841 2021 - November 2021 - November 2021 1st Council
14665421
Street/Stormwater Parks and Landscape
101-000-420-542-70-30-00 Supplies - Roadside $36.41
101-000-420-542-75-30-00 Supplies - City Parks $58.94
401-000-008-531-00-30-05 Supplies - NPDES PPGH $78.01
Total 14665421 $173.36
Total 55841 $173.36
Total Wilbur-Ellis Company $173.36
Xerox Corporation
55842 2021 - November 2021 - November 2021 1st Council
014520755
Court/Copier Fees
001-000-120-594-12-60-00 Capital Outlay $271.31
Total 014520755 $271.31
Total 55842 $271.31
Total Xerox Corporation $271.31
Ziply Fiber
55843 2021 - November 2021 - November 2021 1st Council
Invoice - 10/25/2021 11:22:31 AM
Phone Lines
001-000-180-518-30-47-00 Utilities $225.37
Total Invoice - 10/25/2021 11:22:31 AM $225.37
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 17 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 37 of 267
Vendor Number Reference Account Number Description Amount
Invoice - 10/25/2021 12:32:20 PM
Street Modem
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $81.04
Total Invoice - 10/25/2021 12:32:20 PM $81.04
Total 55843 $306.41
Total Ziply Fiber $306.41
Grand Total Vendor Count 45 $93,771.64
Printed by EASTWENATCHEE\ASchulz on 10/27/2021 10:26:14 AM Page 18 of 18
East Wenatchee - Voucher Directory11/2/2021 COUNCIL MEETING AGENDA PACKET Page 38 of 267
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
10/19/2021 Council Meeting Minutes Page 1 of 4
East Wenatchee City Council Meeting
Zoom & In person
Tuesday, October 19, 2021
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Jerrilea Crawford Robert Siderius, City Attorney
Councilmember John Sterk Eric Hampton, Assistant Police Chief
Councilmember Harry Raab Lori Barnett, Community Development Director
Councilmember Robert Tidd Curtis Lillquist, Planning Manager
Councilmember Sasha Sleiman Josh DeLay, Finance Director
Councilmember Christine Johnson Garren Melton, Interim Public Works Manager
Councilmember Matthew Hepner Maria Holman, City Clerk
Councilmember Shayne Magdoff
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1. Consent Items:
a. Mayor Crawford requested to amend the agenda adding Action Item d. for the
consultant selection for the City of East Wenatchee Police Department remodel at
50 Simon, presented by Interim Public Works Manager Garren Melton.
Vouchers:
a. Date: 10/19/2021, checks: 55733 - 55735; 55741 - 55794, in the amount of
$623,456.58, and voided check: 55713.
b. September 2021 Payroll Certification.
Minutes:
c. 10/5/2021 Council Meeting Minutes.
d. 10/12/2021 Council Workshop Minutes.
Motion by Councilmember Tidd to approve consent items as presented and amend the
agenda adding Action Item d. Councilmember Sterk seconded the motion. Motion
carried (7-0).
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 39 of 267
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
10/19/2021 Council Meeting Minutes Page 2 of 4
2. Citizen Requests/Comments.
Anna Steele from 1822 North Aurora Avenue addressed the Council regarding the
elimination of homelessness and drug use in our community. Mrs. Steele provided
comments and suggestions to the Council that she thought could help this population
and eventually mitigate homelessness and drug abuse.
Comments provided by Mayor Crawford.
3. Public Hearing.
Mayor Crawford opened the public hearing at 6:08 p.m. and stated the Hearing
Procedures. The public hearing was held to consider the adoption of a resolution to
establish proposed zoning regulations for areas outside the City of East Wenatchee and
within the city’s urban growth area. Community Development Director Lori Barnett
provided a staff report.
The Mayor asked for public comment. No comments were received from the public. The
public hearing closed at 6:12 p.m.
No action was taken by the Council.
4. Presentations. None.
5. Department Report. None.
6. Mayor’s Report.
a. Mayor Crawford invited Assistant Chief Hampton to recognize Detective John Phillips
who retired on Friday, October 15 after serving 15 years at the East Wenatchee
Police Department. Detective John Phillips was present to receive a retirement
certificate.
i. The Mayor shared that John Phillips’ retirement celebration is scheduled on
Friday, October 22 at 3:30 p.m. in the Council Chambers at City Hall.
b. Mayor Crawford announced that Building Official/Code Compliance Officer Jeff
Morrison is retiring on October 28, 2021, after 21 years of service. Jeff Morrison was
not present to receive the retirement certificate presented by the Mayor.
Comments provided by Mayor Crawford and Community Development Director Lori
Barnett.
c. Mayor Crawford announced that she will not be renewing Judge Chancey Crowell’s
Municipal Court Judge contract that expires on 12/31/2021. The Mayor has not
made a replacement selection yet and will keep the Council informed.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 40 of 267
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
10/19/2021 Council Meeting Minutes Page 3 of 4
7. Action Items.
a. Community Development Director Lori Barnett presented the first reading of
Ordinance 2021-16, amending Section 5 of Ordinance 2021-05 relating to
Amendment 5 in Exhibit A for revisions to Chapter 17.34 of the East Wenatchee
Municipal Code regarding the Commercial Zoning District Land Use Matrix to correct
a scrivener’s error relating to residential land uses in the North End Wenatchi
Landing (NEWL) Overlay District.
Comments provided by Community Development Director Lori Barnett,
Councilmember Sterk and Councilmember Magdoff.
Mayor Crawford suspended the second reading.
Motion by Councilmember Sterk to approve Ordinance 2021-16 as presented.
Councilmember Johnson seconded the motion. Motion carried (7-0).
b. Finance Director Josh DeLay presented Resolution 2021-23, establishing guidelines
and procedures (financial management policy) intended to serve as a blueprint to
maintain fiscal stability, and provide guidance to all stakeholders whether they be
directly involved in financial processes, internal control oversight, or any financial
transaction.
Comments provided by Councilmember Magdoff, Councilmember Sterk,
Councilmember Tidd, Finance Director Josh DeLay, and Councilmember Hepner.
Motion by Councilmember Tidd to approve Resolution 2021-23 as presented
establishing a financial management policy. Councilmember Sleiman seconded the
motion. Motion carried (7-0).
c. Community Development Director Lori Barnett presented the reconsideration of
Resolution 2021-26, an Interlocal Agreement between the City of East Wenatchee
and the City of Wenatchee for the purpose of authorizing Wenatchee to act as lead
entity in administration and use of Affordable Housing Sales and Use Tax Funds (HB
1590) in accordance with RCW 82.14.530.
Comments provided by City Attorney Robert Siderius, Community Development
Director Lori Barnett, Councilmember Tidd, Finance Director Josh DeLay, and
Councilmember Hepner.
Motion by Councilmember Tidd to reconsider Resolution 2021-26 regarding an
Interlocal Agreement with the City of Wenatchee for Affordable Housing Sales Tax
funds. Councilmember Raab seconded the motion. Motion carried (7-0).
Motion by Councilmember Tidd to approve Resolution 2021-26 to authorize the
Mayor’s signature on the Interlocal Agreement Between the City of East
Wenatchee and the City of Wenatchee for the purpose of authorizing Wenatchee
to act as lead entity in the administration and use of Affordable Housing Sales and
Use Tax Funds (HB 1590) in accordance with RCW 82.14.530. Councilmember
Magdoff seconded the motion. Motion carried (7-0).
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 41 of 267
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
10/19/2021 Council Meeting Minutes Page 4 of 4
d. Interim Public Works Manager Garren Melton presented the consultant selection for
the City of East Wenatchee Police Department remodel at 50 Simon Street.
Comments provided by Mayor Crawford and Councilmember Magdoff.
Motion by Councilmember Magdoff to approve the selection of Forte Architects
and authorize Mayor Crawford to negotiate the scope of work and fee for
architectural services. Councilmember Tidd seconded the motion. Motion carried
(7-0).
8. Council Reports & Announcements.
a. Councilmember Tidd provided a Link Transit report. Link is struggling with not having
enough bus operators.
b. Councilmember Sleiman reported that the NCW Equity Alliance has kicked off their
zoom meetings on Diversity Equity and Inclusion for non-profits.
Comments provided by Councilmember Magdoff, and Mayor Crawford.
c. Mayor Crawford shared that the Wenatchee Valley Museum will soon have an
Interim Director in place and Keni Sturgeon will be a resource as needed.
9. Adjournment. With no further business, the meeting adjourned at 6:54 p.m.
Jerrilea Crawford, Mayor
Attest:
Maria E. Holman, City Clerk
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 42 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From: Josh DeLay, Finance Director
Subject: Ordinance 2021-22; Property Tax Levy for 2022 Budget
Date: November 2, 2021
I. Summary Title: An Ordinance of the City of East Wenatchee, Washington,
authorizing the regular property tax levy to be collected in the 2022 tax year where the
City is opting to bank its capacity and not take an increase over the 2021 levy.
II. Background/History:
a. The City can increase its property tax levy by up to the Implicit Price Deflator
or one percent, whichever is lower, from the highest lawful levy since 1985;
b. However; the City is opting not to increase its 2022 property tax levy;
c. The levy Ordinance must specifically state the increase in terms of both
dollars and percentage, which will be zero in this instance;
d. Prior to adopting the Ordinance, the City must hold a public hearing to
discuss the following year’s current expense budget, which the City is doing
on November 2, 2021;
e. The public hearing must include discussion on the possibility of an increase in
property tax revenues; and
f. The Finance Director must file the certified budget or estimate with Douglas
County on or before November 30, 2021.
III. Recommended Action: First reading of Ordinance No. 2021-22
IV. Exhibits:
a. Ordinance No. 2021-22
b. Levy Calculation & Levy History
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
$0 $0 $1,847,310.74
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 43 of 267
City of East Wenatchee Ordinance 2021-22
Page 1 of 4
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev.1)
CITY OF EAST WENATCHEE, WASHINGTON
ORDINANCE NO. 2021-22
An Ordinance of the City of East Wenatchee, Washington, authorizing
the regular property tax levy to be collected in the 2022 tax year where
the City is opting to bank its capacity and not take an increase over the
2021 levy.
Una Ordenanza de la Ciudad de East Wenatchee, Washington, autorizando
el gravamen regular del impuesto sobre la propiedad para ser recaudado en
el año fiscal 2022 donde la Ciudad está optando por depositar su capasidad y
no tomar un aumento sobre el gravamen de 2021.
1. Recitals.
a. Preamble. The City of East Wenatchee (City) is a non-charter code City
duly incorporated and operating under the laws of the State of
Washington; and
The City Council of East Wenatchee (City Council) finds that it is in the
best interests of the City and its citizens to not increase the amount of the
City’s regular property tax levy for 2022.
b. Findings.
i. The population of the City is more than 10,000;
ii. The City Council has considered the City’s anticipated financial
requirements for 2022 and beyond, and the amounts necessary and
available to be raised by ad valorem taxes on real, personal and
utility property;
iii. After proper notice, the City Council is holding a public hearing on
November 2, 2021. At this public hearing, the City Council will
consider the revenue sources for the City’s current expense budget
for 2022;
iv. After the hearing and after duly considering all relevant evidence and
testimony presented, the City Council determines and finds that the
City does not need to increase property tax revenue from the
previous year by the allowable 1%, does not need to increase
property tax revenue by collecting previously banked capacity, and
does not have a need for the increase in property tax revenue
resulting from the addition of new construction, improvements to
property, and any increase in the value of state-assessed property, in
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 44 of 267
City of East Wenatchee Ordinance 2021-22
Page 2 of 4
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev.1)
order to discharge the expected expenses and obligations of the City;
and
v. After the hearing and after duly considering all relevant evidence
and testimony presented, the Council may find that the City has
future substantial need for an increase in years after 2022.
2. Authority
a. Title 35A RCW authorizes the City Council to adopt ordinances of all kinds
to regulate its municipal affairs and appropriate to the good government of
the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
Section 1: Purpose. The City wishes to establish its regular property tax levy for the
year 2021.
Section 2: Authorization. The City Council authorizes the same levy amount, for the
2021 property tax levy on all real, personal and utility property authorized for
collection in 2022 in the amount of $1,847,310.74 resulting from no increase
in the regular tax levy.
Section 3: Estimate. As required by RCW 84.52.020, for budget purposes, the City
Council estimates that the amount of property tax to be collected in the year
2022 will be approximately $1,847,310.74.
Section 4: Certification. As required by RCW 84.52.020, the City Council certifies to
Douglas County’s legislative authority that the City is requesting that the
regular levy, in the amount of $1,847,310.74 be collected in 2022.
Section 5: Payment. The property taxes levied by this Ordinance shall be collected
and paid to the City of East Wenatchee Finance Department at the time
and in the manner provided by the laws of the State of Washington.
Section 6: Refund Levy for 2022. As a result of the refunds issued during the 2021
tax year, we are requesting the collection of $0 in the form of a refund levy
for the tax year 2022.
Section 7: Severability. If a court of competent jurisdiction declares any provision in
this Ordinance to be contrary to law, such declaration shall not affect the
validity of the other provisions of this Ordinance.
Section 8: Publication. The City Council directs the City Clerk to publish a summary
of this Ordinance. The summary shall consist of the title of this Ordinance.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 45 of 267
City of East Wenatchee Ordinance 2021-22
Page 3 of 4
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev.1)
Section 9: Effective Date. This Ordinance becomes effective five days after the date
its summary is published.
Section 10: Filing. The City Council directs the City Clerk to file this Ordinance with
the legislative authority of Douglas County.
Section 11: Short Title. This Ordinance shall be known as the 2021 Levy and may be
cited as such.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
_____ day of _______________, 2021.
By _____________________________
Jerrilea Crawford, Mayor
AUTHENTICATED:
________________________________
Maria Holman, City Clerk
Approved as to form only:
_________________________________
Bob Siderius, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 46 of 267
City of East Wenatchee Ordinance 2021-22
Page 4 of 4
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev.1)
Summary of Ordinance No. 2021-22
Or the City of East Wenatchee, Washington
On the ______ day of _________________, 2021, the City Council of the City of
East Wenatchee, Washington approved Ordinance No. 2021-22, the main point of
which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee, Washington, authorizing
the regular property tax levy to be collected in the 2022 tax year where
the City is opting to bank is capacity and not take an increase over the
2021 levy.
Upon request, the City will mail a full text of this Ordinance.
Dated this _________ day of _____________, 2021.
____________________________
Maria Holman, City Clerk
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 47 of 267
City of East Wenatchee 2022 Regular Levy Calculation
2021 Regular Levy $1,857,310.74
1% Increase + 0
2021 Regular Levy + 1% Increase = 1,857,310.74
New Construction & Improvements +0
Total 2022 Regular Levy $1,857,310.74
City of East Wenatchee Historical Levy Rates
Year Assessed Property
Valuation
Taxes Collected Levy Rate per
$1,000
2022 (estimated) $1,575,390,701 $1,857,311 1.178952
2021 $1,500,569,276 $1,857,311 1.237738
2020 $1,447,481,697 $1,829,021 1.263588
2019 $1,345,656,339 $1,795,455 1.334260
2018 $1,270,549,704 $1,767,842 1.391399
2017 $1,172,733,181 $1,622,954 1.383907
2016 $1,081,080,103 $1,607,466 1.486907
2015 $1,022,398,237 $1,603,440 1.568313
2014 $992,371,761 $1,575,560 1.587671
2013 $988,850,892 $1,555,625 1.573164
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 48 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Lori Barnett, Community Development Director
Subject: Ordinance 2021-27 authorizing a new franchise service
agreement with Waste Management of Washington, Inc. (“Waste
Management”) for solid waste collection, disposal, recycling, and
other services.
Date: November 2, 2021
I. Summary Title: An Ordinance of the City of East Wenatchee
approving a solid waste services agreement granting Waste
Management of Washington, Inc. a franchise for exclusive collection,
disposal, recycling, and other services for solid waste within the
corporate limits of the City of East Wenatchee.
II. Background/History: The City has an existing Solid Waste and
Recycling Collection and Disposal Agreement with Waste
Management that was approved with the passage of Ordinance
2011-08 on November 22, 2011. The term for that agreement was
from January 1, 2012 through December 31, 2021.
The City has negotiated and reached agreement with Waste
Management for a franchise agreement. The term for the new
agreement is January 1, 2022 through December 31, 2031.
III. Recommended Action: First reading of the ordinance.
IV. Exhibits:
Ordinance 2021-27 and Exhibit A
Financial Data:
Expenditure Required
Amount Budgeted
Appropriation Required
$ 0 $ $ 0
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 49 of 267
City of East Wenatchee Ordinance 2021-[#] with Exhibit A
Page 1 of 4
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
City of East Wenatchee, Washington
Ordinance No. 2021-27
An Ordinance of the City of East Wenatchee approving a solid waste
services agreement granting Waste Management of Washington, Inc. a
franchise for exclusive collection, disposal, recycling, and other services for
solid waste within the corporate limits of the City of East Wenatchee.
Una Ordenanza de la Ciudad de East Wenatchee que aprueba un acuerdo
de servicios de residuos sólidos que otorga a Waste Management of
Washington, Inc. una franquicia para la recolección, eliminación, reciclaje y
otros servicios exclusivos de residuos sólidos dentro de los límites
corporativos de la Ciudad de East Wenatchee.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en
voz alta, etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711
(TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read
aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov at (509) 884-9515, or at 711
(TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly
incorporated and operating under the laws of the State of
Washington; and
2.2. The City has an existing Solid Waste and Recycling Collection
and Disposal Agreement with Waste Management of Washington,
Inc. (“Waste Management”) that was approved with the passage of
Ordinance 2011-08, the term of which is from January 1, 2012
through December 31, 2021.
2.3. The City Council of East Wenatchee (“City Council”) finds that
it is in the best interests of the City and its citizens to recognize that
Waste Management is a provider of an essential service to the City,
and desires to enter into a contract setting forth the rights,
obligations, and responsibilities of Waste Management and the City.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 50 of 267
City of East Wenatchee Ordinance 2021-[#] with Exhibit A
Page 2 of 4
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
2.4. The City has negotiated and reached agreement with Waste
Management for a franchise granting Waste Management the
exclusive right during the term of the agreement for collection,
disposal, recycling, and other services regarding solid waste with the
corporate limits of the City of East Wenatchee.
2.5. The City Council has reviewed the proposed agreement and
finds the contract to be in the best interests of the City.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and
appropriate to the good government of the City.
3.2. In conformance with RCW 35.21.120, the City has enacted an
ordinance codified in the City’s Municipal Code which created a
system for the orderly collection and disposal of solid waste within
the City.
3.3. EWMC 8.04.040 authorizes the City Council to contract with a
responsible person, properly qualified and equipped therefor, to
collect, remove and dispose of all solid waste in the city.
4. Purpose. The purpose of this ordinance is to enter into and hereby
authorize the Mayor of the City of East Wenatchee to execute a solid waste
services agreement with Waste Management.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN
AS FOLLOWS:
5. Agreement. The Mayor is authorized to sign the Solid Waste Service
Agreement granting Waste Management a franchise for the exclusive right,
during the term of the Agreement, to collect and haul for hire over the
streets and alleys of the City of East Wenatchee and provide for the
disposal, recycling, and other services regarding sold waste, in the form
attached as Exhibit A.
6. Term. The commencement date for the Agreement is January 1, 2022 and
terminating on December 31, 2031.
7. Corrections. Upon approval by the City Attorney, the City Clerk and the
code reviser may correct this Ordinance if it contains a clerical error; an
incorrect reference to other local, state or federal laws, codes, rules or
regulations; or an error in ordinance numbering, section number, or
subsection numbering.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 51 of 267
City of East Wenatchee Ordinance 2021-[#] with Exhibit A
Page 3 of 4
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
8. Severability. If a court of competent jurisdiction declares any provision in
this Ordinance to be contrary to law, such declaration shall not affect the
validity of the other provisions of this Ordinance.
9. Publication. The City Council directs the City Clerk to publish a summary
of this Ordinance. The summary shall consist of the title of this Ordinance.
The City Council directs the City Clerk to publish a copy of this Ordinance
on the City’s website.
10. Effective Date. This Ordinance becomes effective five days after the
date its summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof
on this __________ day of _______________________, 2021.
The City of East Wenatchee,
Washington
By _________________________________
Jerrilea Crawford, Mayor
Authenticated:
_____________________________________
Maria Holman, City Clerk
Approved as to form only:
_____________________________________
Robert R. Siderius, City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Published: __________
Effective Date: __________
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 52 of 267
City of East Wenatchee Ordinance 2021-[#] with Exhibit A
Page 4 of 4
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
Summary of
City of East Wenatchee, Washington
Ordinance No. 2021-27
On the _____ day of ____________________, 2021, the City Council
of the City of East Wenatchee, Washington approved Ordinance No. 2021-
27, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee approving a solid waste
services agreement granting Waste Management of Washington, Inc. a
franchise for exclusive collection, disposal, recycling, and other services for
solid waste within the corporate limits of the City of East Wenatchee.
The full text of this Ordinance will be mailed upon request.
Dated this ______ day of ___________________________, 2021.
_____________________________
Maria Holman, City Clerk
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 53 of 267
Page 1 of 33
East Wenatchee 2022 Solid Waste Services Agreement
SOLID WASTE
SERVICES AGREEMENT
This SOLID WASTE SERVICES AGREEMENT (this “Agreement”) is made and entered into
by and between WASTE MANAGEMENT OF WASHINGTON, INC., a Delaware corporation
(“Contractor”) and the CITY OF EAST WENATCHEE, a municipal corporation created under the
laws of the State of Washington (the “City”). The parties shall be collectively referred to herein as the
“Parties” and individually as a “Party,” unless specifically identified otherwise. This Agreement shall be
effective upon the last date that all Parties have executed this Agreement (the “Effective Date”), as
evidenced by the signatures below.
RECITALS
WHEREAS the City desires to provide a solid waste and recycling collection and disposal
program for its residential and non-residential solid waste generators;
WHEREAS the City has negotiated with Contractor for collection, disposal, recycling, and other
services regarding solid waste;
WHEREAS solid waste collection service is a fundamental municipal function, with uniform,
managed collection necessary for the preservation of public health;
WHEREAS Contractor represents that it has the experience, resources, and expertise necessary
to perform solid waste collection services;
WHEREAS pursuant to RCW 35.21.120, the City has enacted ordinances codified in the City’s
Municipal Code which created a system for the orderly collection and disposal of solid waste within the
City of East Wenatchee;
WHEREAS the City agrees to adopt such modifications to its solid waste ordinances as to enable
Contractor’s performance of this Agreement;
WHEREAS the City and Contractor have negotiated and reached agreement for a franchise
granting Contractor the exclusive right during the term of this Agreement to provide collection, disposal,
recycling and other services regarding solid waste within the corporate limits of the City of East
Wenatchee; and
WHEREAS the City council finds that by entering into this Agreement with Contractor, the
residents of the City will receive a greater variety of solid waste collection services.
NOW THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the receipt and sufficiency of which are hereby acknowledged, Contractor and the City agree as
follows:
1 AGREEMENT; DEFINITIONS; TERM
1.1 Agreement
The City hereby grants Contractor the exclusive right to perform the Collection Services (as
defined below) in the Service Area (as defined below), including all work incidental thereto, upon the
terms and conditions contained in this Agreement, to the extent permitted by Applicable Law (as defined
below).
1.2 Definitions
Exhibit A
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 54 of 267
Page 2 of 33
East Wenatchee 2022 Solid Waste Services Agreement
For the purposes of this Agreement the following terms shall have the following meanings:
“Applicable Law” means any law, regulation, requirement, or order of any Federal, State, or local agency,
court or other domestic or foreign governmental body, or interpretation thereof by any court or
administrative agency of competent jurisdiction, and requirements of all permits, licenses, and
governmental approvals applicable to performance under this Agreement.
“Bulky Waste” means items of Garbage of a size and/or shape that precludes collection in regular
Containers, and which are considered usual household items, including large appliances (such as stoves,
dishwashers, clothes washing machines, dryers or water heaters), furniture (such as chairs or sofas),
televisions, mattresses, and other similar large items placed at the Curb as discrete separate items. Bulky
Waste does not include refrigerators, freezers, piles of debris, car parts, tires, Construction and
Demolition Debris, tree stumps, or any Unacceptable Waste.
“Carry-Out Service” means the servicing of Solid Waste Containers by Contractor that are not placed
Curbside by a Single-Family Premises Customer, but rather, Contractor enters onto the Customer’s
Premises in order to roll-out or carry-out Containers to Contractor’s Collection Vehicle. Carry-Out
Service is provided upon request by Customers, for an additional charge. For Commercial Premises
Customers, such additional charge is calculated based upon the distance from Contractor’s Collection
Vehicle to the Container and is charged pursuant to the Rates (as defined below). Information regarding
Carry-Out Service for Physically Challenged Persons is set forth in Section 3.3.8 of this Agreement.
“Cart” means a Contractor-owned watertight heavy plastic receptacle with a rated capacity of
approximately thirty-five (35), sixty-four (64) or ninety-six (96) gallons, having a hinged, tight-fitting lid
and two (2) wheels.
“Collection Service(s)” means the process by which Solid Waste is removed from Single-Family
Premises and Commercial Premises by Contractor in the Service Area, transported to a transfer, disposal,
or Processing facility, and subsequently disposed of or Processed. Provided, however, that Recyclables
and Yard Debris collection for Commercial Premises Customers is not included in the Collection
Services; however, separate agreements for such services may be negotiated between Contractor and
Commercial Premises Customers.
“Collection Vehicle” means any WUTC (as defined below) approved solid waste collection vehicle
utilized by Contractor in its performance of the Collection Services.
“Commencement Date” means January 1, 2022.
“Commercial Premises” means non-Single-Family Premises, and includes Multifamily Complex(es) and
Premises on which business, governmental, religious, or educational activity is conducted; however a
business conducted upon a Single-Family Premises which is permitted under applicable zoning
regulations, and is not the primary use of the Premises, are excluded.
“Construction and Demolition Debris” means commonly used or discarded materials removed from
construction, remodeling, repair, demolition, or renovation operations on any pavement, Dwelling Unit,
Commercial Premises, or other structure, or from landscaping. Such materials include, but are not limited
to, dirt, sand, rock, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe,
roofing material, carpeting, concrete, wood, masonry, trees, remnants of new construction materials
(including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials and packaging); but
does not include any Unacceptable Waste.
“Container” means any Cart, or Detachable Container used in the performance of this Agreement.
Containers may also include compactors that are owned or leased by Customers, contingent upon
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 55 of 267
Page 3 of 33
East Wenatchee 2022 Solid Waste Services Agreement
confirmation of compatibility from Contractor.
“Curb or Curbside” means the area within five (5) feet of a Public Street where Collection Services
occur. If safe access is difficult or if extraordinary circumstances preclude a particular location, Curbside
shall be considered a placement suitable for Customers, convenient for Contractor’s equipment, and
mutually agreed to by Contractor and the Mayor or the Mayor’s designee.
“Customer” means an owner or occupant of a Single-Family Premises or Commercial Premises in the
Service Area who has the legal right to initiate, cancel or make changes to an account with Contractor for
Collection Services.
“Detachable Container” means a watertight metal or plastic Container equipped with a tight-fitting
cover, capable of being mechanically unloaded into a Collection Vehicle, that is at least one (1) cubic
yard and not greater than eight (8) cubic yards, and is designed or intended to be mechanically dumped
into a packer type truck.
“Dwelling Unit” means any individual living unit that includes a kitchen, and a room or suite of rooms, and
is designed or occupied as separate living quarters for an individual or group of individuals; but does not
include hotel or motel units.
“Extra Unit(s)” means excess Solid Waste that does not fit in a Customer’s primary Container(s),
excluding Bulky Waste. An Extra Unit of Garbage is 32-gallons and may be contained in either a plastic
bag or Customer-owned can or cart. An Extra Unit of Recyclables is 32-gallons and may be contained in
a cardboard box or container marked “recycling”. An Extra Unit of Yard Debris is 32-gallons and may be
contained in a kraft paper bag or can marked “Yard Debris”. For Garbage Containers that are one (1)
cubic yard or more in rated capacity, an Extra Unit is 96-gallons. Contractor shall charge Customers for
any Extra Units collected, pursuant to the Rates. Any Overage (as defined below) is also included in this
definition of Extra Units and will be charged to Customers accordingly.
“Food Waste” means waste composed of animal, fruit, or vegetable matter, resulting from food
preparation and/or consumption. Food Waste collection and Processing is not currently available in the
Service Area. For the purposes of this Agreement, Food Waste is collected with and in the same manner
as Garbage.
“Garbage” means all putrescible and non-putrescible solid, semi-solid, and liquid wastes including, but
not limited to Food Waste, rubbish, cold bagged ashes, industrial wastes, swill, Construction and
Demolition Debris, small dead animals completely wrapped in plastic and weighing less than 15 pounds,
and discarded commodities that are placed by Customers in appropriate Containers, bags, cans or Carts
for collection and disposal by Contractor. Needles or “sharps” may be included in the definition of
Garbage to the extent these items may be disposed of in accordance with Applicable Law. Garbage does
not include any Recyclables, Yard Debris or Unacceptable Waste.
“Hazardous Waste” means any/all wastes that are defined as hazardous wastes under Applicable Law,
including the federal Resource Conservation & Recovery Act, 42 U.S.C. §§ 6901 et seq., and comparable
state law.
“Material Change(s)” means a change in the business, operations or capital of Contractor that would
reasonably be expected to have a significant effect on the market price or value of any of the services
provided by Contractor pursuant to this Agreement, as the same may be amended.
“Multifamily Complex(es)” means multiple unit Premises having five (5) or more attached or unattached
Dwelling Units that are billed collectively for Collection Services.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 56 of 267
Page 4 of 33
East Wenatchee 2022 Solid Waste Services Agreement
“On-Call” means the provision of specified services by Contractor, subsequent to a direct request from a
Customer to Contractor by telephone, in writing, or by e-mail, such services to be charged to Customers
pursuant to the Rates.
“Overage” means (i) any Solid Waste that exceeds a Container’s intended capacity, such that the lid is
lifted by at least 6” (or would be lifted by at least 6” if there was a lid), or (ii) any Solid Waste placed on
top of or in the immediate vicinity of a Customer’s Solid Waste Container(s).
“Premises” means any parcel of real property in the Service Area where Solid Waste is generated, deposited,
accumulated, or otherwise coming to exist.
“Process”, “Processed” or “Processing” mean an operation or series of operations, whether involving
equipment, manual labor, or mechanical or biological processes, that sorts, enhances, upgrades,
concentrates, decontaminates, packages or otherwise prepares Recyclables, Yard Debris, or other solid
waste, and returns marketable elements thereof to the economic mainstream in the form of raw material
for new, reused or reconstituted products. Processing begins at the time that Recyclables, Yard Debris, or
other solid waste is delivered to a Processing facility and ends when the finished Processed materials are
sold or reused, and the residue is properly disposed.
“Public Street” means a public right of way used for public travel, including public alleys, in the Service
Area.
“Rates” means the costs to be charged to, and paid by, Customers to Contractor for the Collection
Services and other services that Contractor may provide to Customers, pursuant to the Rate Schedule set
forth in Exhibit A, attached to this Agreement and incorporated herein, as may be adjusted pursuant to the
terms of this Agreement.
“Recyclables” means the materials specified in Exhibit B of this Agreement.
“Roll-Off” and “Drop Box Container(s)” means all-metal Containers having ten (10) cubic yards or
greater rated capacity that are loaded onto specialized Collection Vehicles. Roll-Off Containers may also
include compactors that are owned or leased by a Customer, however, use of such compactors is
contingent upon confirmation of compatibility from Contractor.
“Service Area” means (i) the entire area included within the City limits as of the Commencement Date of
this Agreement; and (ii) any such additional area as may thereafter become included within such City limits
from time to time due to annexation, incorporation or other means, but only from and after the time that
Contractor is lawfully permitted to provide Collection Services to such additional area(s).
“Single-Family Premises” means Premises in the Service Area with a Dwelling Unit(s), including
duplexes, triplexes, fourplexes and mobile homes, that are billed for Collection Services individually and
are located on a Public Street or private road.
“Solid Waste” means any Garbage, Recyclables, Yard Debris and/or Bulky Waste that is generated,
deposited, accumulated, or otherwise coming to exist in the Service Area, and as defined under RCW
70.95.030., as it now exists or as hereafter amended, but does not include any Unacceptable Waste, and
except for the purpose of this Agreement, does not include Recyclables.
“Unacceptable Waste” means any waste tires, radioactive, volatile, corrosive, flammable, explosive,
biomedical, infectious, bio-hazardous, regulated medical or Hazardous Waste, toxic substance or material,
in accordance with any Applicable Law, any materials containing information protected by Applicable
Law (unless tendered to Contractor pursuant to a separate agreement), or any material the acceptance or
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 57 of 267
Page 5 of 33
East Wenatchee 2022 Solid Waste Services Agreement
handling of which would cause a violation of Applicable Law, damage to Contractor’s equipment or
facilities, or present a substantial endangerment to public health or safety, or to Contractor’s employees.
Title to and liability for Unacceptable Waste shall remain with the generator at all times.
“WUTC” means the Washington Utilities and Transportation Commission, which regulates the collection
of Solid Waste in the unincorporated areas of Douglas County.
“Yard Debris” means any vegetative matter resulting from normal yard and landscaping maintenance
that is not more than three feet (3’) in its longest dimension or four inches (4”) in diameter and fits in a
Yard Debris Cart. Yard Debris includes, but is not limited to, plant debris such as grass clippings, leaves,
prunings, weeds, branches, brush, unflocked and undecorated Christmas trees, and other forms of
vegetative waste, but does not include any Food Waste, stumps, rocks or sod.
1.3 Term
1.3.1 The initial term of this Agreement is for a period of ten (10) years, beginning on the
Commencement Date and ending on December 31, 2031 (the “Initial Term”).
1.3.2 Unless either Party gives written notice to the other Party of its intention not to renew at least one-
hundred eighty (180) days before the expiration of the Initial Term, this Agreement shall be
extended for an additional five (5) years (the “Extended Term”).
1.3.3 Unless either Party gives written notice to the other Party of its intention not to renew at least one-
hundred eighty (180) days before the expiration of the Extended Term, this Agreement shall be
extended for an additional five (5) years (the “Final Term”).
Neither Party is obligated to extend the length of this Agreement beyond the Initial Term.
2 GENERAL SYSTEM REQUIREMENTS
2.1 City Supervision
Contractor shall direct all contact with the City through the Mayor or the Mayor’s designee.
2.2 General
Contractor shall perform the Collection Services in accordance with the provisions of this
Agreement and Applicable Law. The collection of Hazardous Waste is not included within the scope of
this Agreement and Contractor is not obligated to collect any Hazardous Waste. Customers are
responsible for any Unacceptable Waste (which includes Hazardous Waste) placed in collection
Containers, even if such materials are inadvertently collected by Contractor, and to the extent such
Customers can be identified, Contractor may seek to impose any and all costs and expenses associated
with managing any such Unacceptable Waste upon any such Customers. However, nothing herein is
intended to prevent Contractor from collecting, transporting and/or disposing of Hazardous Waste in
accordance with Applicable Law, so long as such actions are performed separate and apart from any
action taken in Contractor’s performance of this Agreement.
2.3 Mandatory Service
The City shall require all Single-Family Premises and Commercial Premises within the Service
Area to subscribe and pay for Collection Services by Contractor, pursuant to the terms of this Agreement.
All Single-Family Premises Customers shall establish individual accounts for Collection Services. Two
(2) or more Single-Family Premises shall not be permitted to share Collection Services under a single
account.
2.4 Collection Schedule
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 58 of 267
Page 6 of 33
East Wenatchee 2022 Solid Waste Services Agreement
Except as otherwise provided in this Agreement (e.g., Sections 2.16 and 2.17), collection from
Single-Family Premises shall occur between the hours of 6:00 AM and 6:00 PM, Monday through Friday.
Collection from Commercial Premises shall occur between the hours of 3:00 AM and 6:00 PM, Monday
through Saturday (where special circumstances or complaints received by the City indicate the necessity
or desirability of an adjustment to the collection schedule, the City may request such an adjustment by
written request to Contractor). If Contractor’s hours of operation create a complaint problem, Contractor
and the City will determine a solution that may result in modification of the collection schedule and
adjustment of the Rates. Contractor shall provide fourteen (14) days written notice to the Mayor or the
Mayor’s designee of any change to Contractor’s regular collection schedule.
2.5 Company Name
Contractor shall not use a firm name containing any words implying municipal ownership or that
includes the name of the City.
2.6 Contractor’s Offices
Contractor shall maintain a local access telephone number and a toll-free number, staffed at a
level sufficient to address any Customer requests and/or any Customer complaints. Staff shall be on duty
between the hours of 8:00 a.m. and 5:00 p.m. PST, Monday through Friday, except holidays. In addition,
Contractor shall maintain a website containing local service information for Customer use 24-hours per
day, 7 days per week. Contractor shall provide City staff with a telephone number for administrative and
emergency purposes, available twenty-four (24) hours a day, at which City staff can contact local
Contractor staff.
2.7 Contractor to Investigate
Contractor shall conduct its own investigation regarding the proper methods of doing the work
and all conditions affecting the work to be done, including the labor, equipment and materials required
therefore and the quantity of work to be done in order to perform all of its obligations under this
Agreement. Contractor agrees that it is satisfied with its own investigation and research and will make no
claim against the City due to any estimates, statements, or interpretations provided to Contractor by any
officer or agent of the City. This Agreement is for the benefit of the Parties and is not intended to inure to
the benefit of any third party.
2.8 Contractors’ Employees
2.8.1 Skilled. All workers employed by Contractor shall be competent and skilled in the
performance of the work which may be assigned to them. All collection drivers must
have a current Class A or B CDL license and a current medical card. Failure or delay in
the performance of this Agreement due to Contractor’s inability to obtain workers of the
number and scope required, shall constitute a default under this Agreement. All customer
service representatives shall be fully knowledgeable of all Collection Services available
to Customers and shall be trained on the proper phonetics of city names and surrounding
communities. Customer service training and support information specific to the City will
be provided to City staff upon request.
2.8.2 Courteous. Contractors’ employees shall always be courteous and not use loud or
profane language and shall do their work as quietly as is reasonable.
2.8.3 Not to Trespass. Contractors’ employees shall not trespass or loiter, cross any Premises
to reach an adjoining Premises, or meddle with any property that is not related to
performance of the Collection Services.
2.9 Dangerous Animals
Contractor will not be required to enter any Premises to perform Collection Services while any
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 59 of 267
Page 7 of 33
East Wenatchee 2022 Solid Waste Services Agreement
animal considered, or feared to be, vicious is loose on any such Premises. In such cases, Contractor shall
contact the Customer by telephone within twenty-four (24) hours to seek resolution. If Contractor is
unable to resolve the issue with the Customer, the City will be notified and will follow the process
described in Section 7.4 of this Agreement.
2.10 Non-Discrimination
Contractor will not discriminate against any employee or applicant for employment due to age,
race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national
origin, or the presence of any disability, unless based on a bona fide occupational qualification.
Contractor will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their age, race, religion, creed, color, sex, marital status,
sexual orientation, political ideology, ancestry, national origin, or the presence of any disability. Such
action shall include but shall not be limited to the following actions: promotion; demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and, selection for training, including apprenticeships. Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, any required notices setting forth the details of
this non-discrimination provision. Contractor understands and agrees that a violation of this non-
discrimination provision shall constitute a breach of this Agreement, and that such breach, if uncured,
shall result in Contractor being barred from performing any services for the City, including the Collection
Services, now or in the future, unless a showing is made by Contractor to the City’s satisfaction that any
discriminatory practices have terminated and that recurrence of such actions is unlikely.
2.11 Notices
All notices required or contemplated by this Agreement shall be in writing and personally
delivered or sent by certified mail, postage prepaid, return receipt requested, or overnight delivery by a
nationally recognized courier/delivery service, addressed to the Parties as follows, as may be amended by
the Parties from time to time:
The City: Attn: Mayor
City of East Wenatchee
271 9th St NE
East Wenatchee, WA 98802
Contractor: Area Director, Public Sector Solutions
Waste Management of Washington, Inc.
720 4th Avenue, Suite 400
Kirkland, WA 98033
Copy to:
Area Senior Legal Counsel
Waste Management of Washington, Inc.
720 4th Ave, Suite 400
Kirkland, WA 98033
Any notice sent by mail in the manner set forth above shall be deemed given and received three
(3) business days after the date deposited in the United States mail. Any notice or communication given
by personal delivery or sent by overnight courier/delivery service in the manner set forth in this Section,
shall be deemed given upon receipt.
2.12 Permits and Licenses
Contractor shall obtain and pay for any business license or other fee required by the City or any
other governmental authority which may be required in its performance of this Agreement.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 60 of 267
Page 8 of 33
East Wenatchee 2022 Solid Waste Services Agreement
2.13 Public Utilities
Contractor shall be obligated to protect all public and private utilities whether occupying public
or private property. If any such utilities are damaged due to Contractor’s performance of its obligations
under this Agreement, Contractor shall repair or replace the same.
2.14 Loading; Clean-Up of Spills
All vehicles used in the performance of this Agreement shall be required to carry regularly
maintained and fully functional spill kits. At a minimum, spill kits shall include absorbent pads or
granules, containment booms, storm drain covers, sweepers and other similar materials sufficient to
contain, control, and, for minor events, appropriately clean-up any spillage or release of wind-blown
materials, litter, or leaks of Contractor vehicle fluids or leachate. Contractor shall notify the City via e-
mail within two (2) hours of its knowledge of any major spill or any spill that leaves a noticeable stain on
City streets or private property. Spill kits shall also include employee spill containment instructions and
procedures as well as a regularly updated list of emergency contacts. Contractor shall develop spill
response procedures for review and approval by the City before initiating any work under this Agreement,
unless City-approved procedures are already in place prior to the Commencement Date of this
Agreement.
Reasonable care shall be taken in the loading and transporting of Solid Waste and other wastes so
that the materials collected are not left either on private property or on Public Streets. Any Solid Waste or
other wastes spilled and/or tracked onto and left on private property or on Public Streets by Contractor
shall be cleaned-up by Contractor. If Contractor fails to clean-up any spill within twenty-four (24) hours
(or one (1) business day) after receipt of notification from the Mayor or the Mayor’s designee or a
Customer, the Mayor or the Mayor’s designee may cause the work to be done and Contractor shall fully
reimburse the City for any such clean-up expenses incurred by the City.
2.15 Missed and Make-Up Collections
If Contractor fails to collect Solid Waste from a Customer that has been properly and timely set
out for a regularly scheduled collection, other than as provided in Sections 2.9, 2.16 or 2.17, Contractor
shall provide a special make-up collection within twenty-four (24) hours (or one (1) business day) of
receipt of notification by the City or Customer. This Section applies to omitted collections from Single-
Family Premises, a row of Premises, or an entire collection route. If Contractor fails to make-up a missed
collection within twenty-four (24) hours (or one (1) business day) after receipt of notification from the
Mayor or the Mayor’s designee or a Customer, the Mayor or the Mayor’s designee may cause the work to
be done and Contractor shall fully reimburse the City for any such collection expenses incurred by the
City.
2.16 Inclement Weather and/or Road Conditions
If weather conditions are such that continued Collection Services would result in danger to
Contractors’ employees, residents of the City, or property, or if road conditions such as flooding or
weight restrictions affect road use, Contractor shall perform the Collection Services only in areas that do
not pose any such dangers or are not subject to any such road use restrictions. Contractor shall notify the
City on the same business day of any areas not serviced. Contractor may make automated notification
calls or use alternate means of communication to Customers affected by a missed collection due to
inclement weather. Contractor shall maintain up to date service notifications on Contractor’s website,
specific to the City. Contractor shall provide Collection Services to Customers that experienced service
interruptions on the Customer’s next scheduled service day. Customers will not be charged for Extra
Units on the next regular collection day so long as any such Extra Units do not exceed double the
Customer’s normal service.
2.17 Holiday Schedules
Contractor may observe New Year’s Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, and Christmas Day as holidays. Contractor currently observes New Year’s Day,
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 61 of 267
Page 9 of 33
East Wenatchee 2022 Solid Waste Services Agreement
Thanksgiving Day, and Christmas Day. When a regular collection day is a holiday, Contractor may
reschedule services to the next day, e.g. Monday to Tuesday, Tuesday to Wednesday, Wednesday to
Thursday, Thursday to Friday and Friday to Saturday. Contractor may not collect Solid Waste from
Single-Family Premises earlier than the regular collection day due to a holiday. Collection from
Commercial Premises may occur one (1) day early with the Customer’s consent.
2.18 Disruption Due to Construction
The City reserves the right to construct any improvement or to permit any such construction in
any street or alley in such a manner as the City may direct, which may have the effect for a time of
preventing Contractor from traveling its usual collection route or routes. However, Contractor and the
City shall develop a reasonable workaround to enable Contractor to continue to collect Garbage,
Recyclables, and Yard Debris to the nearest extent possible as though no interference existed upon the
streets or alley’s normally traversed. This shall be done at no extra cost to the City or to Customers.
2.19 Contractor’s Equipment
Contractor shall possess or demonstrate, to the City’s reasonable satisfaction, that Contractor has
adequate equipment and vehicles available, including reserve or replacement vehicles and equipment in
the event of equipment failure, sufficient to perform the services required of Contractor under this
Agreement. Contractor shall maintain all vehicles and equipment used in such performance in good
mechanical condition. All truck bodies used by Contractor shall be constructed of metal and shall be
watertight and leak proof. Each vehicle used by Contractor shall always carry a broom and shovel or other
items appropriate for use in the prompt clean-up of any spilled materials. All vehicles used by Contractor
shall have adequate coverage to prevent spillage of any collected materials, at all times. In addition,
Contractor shall make available for rental Containers that meet all applicable safety requirements.
2.20 Painting and Cleaning of Collection Vehicles
Collection Vehicles shall be painted with Contractor's business name and the number of the
vehicle, painted in letters and numbers of a contrasting color, at least four inches (4”) high on both sides
of the vehicles. No advertising shall be permitted other than Contractor’s business name. All vehicles
shall be kept in a clean and sanitary condition.
2.21 Containers
Contractor shall retain ownership of any Containers provided to Customers in performance of the
Collection Services. Cart deliveries related to exchanges, replacements or cleanings shall be charged to
Customers pursuant to the Rates. Contractor-provided Carts for Recyclables shall be blue or have blue
lids, Yard Debris Carts shall be green or have green lids, and Carts for Garbage shal l be grey or have
grey/black lids.
Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar
repair needs on Contractor-owned carts (including those for Garbage, Recyclables and Yard Debris) and
forward repair notices to Contractor’s service personnel for replacement or repair. Any Cart that is
damaged or missing on account of accident, act of nature or elements, fire, or theft or vandalism by other
members of the public shall be replaced at Contractor’s expense after notice from the Customer or the
City.
In the event that a particular Customer repeatedly damages a Cart due to negligence or intentional
misuse, the Customer may be charged for the repair or replacement cost of such damaged Cart.
2.22 Method of Processing and Disposal
Contractor shall deliver all Solid Waste collected under this Agreement to the Greater Wenatchee
Regional Landfill and Spokane Material and Recycling Technology Center (SMaRT), or to a licensed and
permitted facility of Contractor’s choosing should either site be unavailable.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 62 of 267
Page 10 of 33
East Wenatchee 2022 Solid Waste Services Agreement
2.23 Annual Clean-Up Program (Free Dumps)
In the first quarter of every year during the term of this Agreement, as the same may be extended,
Contractor will mail two (2) non-transferable and non-replaceable coupons – one (1) for Garbage and one
(1) for Yard Debris to all Single-Family Premises Customers who are in good standing for use at the
South Wenatchee Transfer Station or alternate Contractor-owned facility.
Customers may redeem their Garbage coupon for one standard pick-up load-sized (legal to
transport, 2.5 cubic yards level) disposal of residentially generated non-Hazardous Waste, including
Garbage and furniture items at no charge. Customers may redeem each of their one (1) Yard Debris
coupons for one (1) standard pick-up load-sized (legal to transport, 2.5 cubic yards level) disposal of Yard
Debris at no charge. Contractor will not accept Construction and Demolition Debris, roofing material, or
Solid Waste from Commercial Premises as free disposal materials. Customers will be required to self-
haul their Solid Waste to the transfer station, show proof of their residency within the City of East
Wenatchee, and provide the mailed coupon to the transfer station attendant. The Customer’s identification
must match the name and address printed on their coupon(s).
Clean-up participation and disposal tonnage will be reported to the City on an annual basis. The
City and Contractor agree to evaluate the program each year. If disposal costs exceed $54,000 per year,
Contractor and the City agree to adjust the clean-up program coupon allotment per Customer or adjust the
Rates in order to continue the program. The allotment of $54,000 shall be adjusted in accordance with
Section 4.3 of this Agreement.
Contractor shall note for Customers where to find the days and hours of operation of the disposal
facility on each mailed coupon.
2.24 Service to City Facilities and Street Cans
As partial consideration for this Agreement, Contractor shall provide to the City, free of charge,
collection of Garbage and Recyclables generated from typical office operations to those City-owned
facilities set forth in Exhibit C (“City Facilities”) attached hereto and incorporated herein, which also
lists Container sizes and frequencies of such collection. Such free collection of Garbage and Recyclables
shall not apply to materials that (i) are other than Garbage or Recyclables generated at the City Facilities
through normal operations; and/or (ii) are not generated by the City and/or are collected by third parties
and delivered to a City Facility. Contractor shall also provide in-kind Garbage collection from City-
owned street cans at locations and frequencies as set forth in Exhibit C. All locations must be accessible
to Contractor’s Collection Vehicles.
Any collection of City-generated Construction and Demolition Debris, decant waste, or any other
waste generated outside of traditional office operations, are chargeable services and are not included in
the free service described above. If there are additional City Facilities or services the City desires to
include in Exhibit C after the Commencement Date of this Agreement, the Parties shall confer in good
faith to negotiate an appropriate adjustment of the Rates and/or the Collection Services. Roll-Off
Container services requested by the City, in addition to the Collection Services for City parks and the
cemetery, will be charged according to the then-current Rates.
2.25 City Events
Contractor shall provide Collection Services free of charge for up to five (5) City-designated
events each calendar year during the term of this Agreement, as the same may be extended, with such
Container sizes, quantities and service frequencies as set forth in Exhibit C. The City may request a
change to the list of events at least sixty (60) days prior to the scheduled event. All changes must be
mutually agreed upon by the Parties and equivalent to the amount of service for events in the current list.
Notwithstanding the above, each year the City will provide Contractor with a list of events
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 63 of 267
Page 11 of 33
East Wenatchee 2022 Solid Waste Services Agreement
intended to be held at City locations to help ensure service is provided as necessary. The City and
Contractor shall jointly review the list annually and as necessary throughout the year. Collection Services
for such events shall be charged pursuant to the Rates.
Contractor shall provide the City with a secure and lockable residential sharps container. The
residential sharps container shall be all metal, painted red and properly labeled. All residential sharps
collected by the City under its residential sharps collection program shall be disposed of into the
Contractor provided residential sharps container. The residential sharps container shall be adequately
maintained and emptied regularly by the Contractor. All collected residential sharps are to be properly
disposed of at the Greater Wenatchee Regional Landfill and Recycling Facility.
2.26 City Beautification – Code Enforcement Assistance Program
In consideration for the work City staff is doing to beautify neighborhoods and to clean-up
unsightly properties, Contractor will accept non-replaceable City code enforcement coupons from
Customers at the South Wenatchee Transfer Station or alternate disposal facility at no charge to
Customers. Contractor will track each code enforcement coupon and charge the code enforcement
account established by the City a flat rate per load, as set forth in Exhibit A attached hereto, per 2.5 level
yards of household Solid Waste. The code enforcement coupons will include a list of acceptable Solid
Waste, as mutually agreed to by Contractor and the City.
Contractor recognizes that, due to changes in the billing process associated with Section 5.2 of
this Agreement, the City may require assistance with the Code Enforcement Program. Accordingly,
Contractor will provide the City with twenty-five (25) code enforcement coupons per year for the first
two (2) years of the Initial Term of this Agreement and ten (10) code enforcement coupons per year
thereafter.
2.27 Minimum Reporting Requirements. Contractor is required to provide reports to the City for the
entire duration of this Agreement.
2.27.1 At a minimum, Contractor shall provide the City with on-line access to ‘monthly reports’ that
include the following information:
(a) A summary of Single-Family Premises Recyclables and Yard Debris tonnage collected and
Processed (not disposed of at a landfill), by Customer category;
(b) A summary of Garbage tonnage, by Customer category; and
(c) A summary of Customers served, by line of business.
2.27.2 Within fifteen (15) days of the last day of each quarter, Contractor shall provide a ‘quarterly report’
to the City containing the following information relating to the previous quarter:
(a) A billing summary that provides the number of Customers billed at each service level (e.g. by
Container size, extra services for each service sector (e.g., Single-Family Premises,
Commercial Premises, and Roll-Off Container service)); and
(b) A summary of Customer receipts, per service level, and total billings.
2.27.3 Contractor shall provide an ‘annual report’ to the City by the last day of February each year, based
upon data for the previous calendar year, that includes a consolidation of the monthly reports, in
addition to the following information:
(a) A summary of all data collected for the City throughout the year;
(b) Number of coupons used for the annual clean-up program;
(c) A summary of Garbage and Yard Debris tonnage/yards collected from the annual clean-up
program;
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 64 of 267
Page 12 of 33
East Wenatchee 2022 Solid Waste Services Agreement
(d) Number of Single-Family Premises Customers who subscribe to Yard Debris collection
service; and
(e) A summary of the total tonnage of Garbage, Recyclables, and Yard Debris, by Customer
category.
If Collection Vehicles are used to service more than one Customer sector per route or per load,
Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting
of collection volumes and quantities from the different sectors. The apportioning methodology shall be
subject to the prior review and written approval of the City and shall be periodically verified by
Contractor through field-testing.
The City may request program reports at any time during the calendar year but shall allow
Contractor thirty (30) days to prepare such reports.
3 COLLECTION SERVICES
3.1 Exclusive Area to be Served
The City hereby grants to Contractor and Contractor shall have the exclusive duty, right and
privilege to provide Collection Services, or otherwise handle per the terms of this Agreement, all Solid
Waste (including all Garbage, Recyclables, Yard Debris and Bulky Waste) from all buildings, structures,
places of business, plants, dwellings, stores, office buildings, fire houses, schools, hotels, municipal
buildings, theaters, garages, public markets, restaurants, and other places generated, deposited,
accumulated or coming to exist at Single-Family and Commercial Premises within the Service Area. Any
services that are not specifically provided for in this Agreement, shall be provided pursuant to terms and
pricing established by Contractor.
The above-referenced exclusivity provision shall not apply to (i) Garbage, Recyclables, or Yard
Debris that is self-hauled by the generator; (ii) Source-separated materials hauled by common or private
carriers (including drop-off recycling sites); (iii) Construction and Demolition Debris hauled by self-
haulers or construction or demolition contractors in the normal course of their business; or (iv) Yard
Debris generated and hauled by private landscaping businesses.
The City shall use good faith efforts to protect and enforce the exclusive rights of Contractor
through relevant ordinances and enforcement of such ordinances against third party violators. Contractor
may independently enforce the exclusivity provision of this Agreement against third party violators,
including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate
in such enforcement actions, which may be brought by Contractor.
3.2 Annexation
The City agrees to comply with RCW 35.13.280 as it relates to annexations and, at the request of
the City, Contractor agrees to provide collection and disposal of municipal solid waste services into the
newly annexed territory should the City exercise its right under RCW 35.13.280. If additional territory is
added to the City through annexation or other means, and upon termination of any existing franchise
agreement, Contractor shall perform the Collection Services in such annexed area in accordance with the
provisions of this Agreement and pursuant to the Rates set forth at Exhibit A, attached hereto. To the
extent permitted by Applicable Law, Contractor expressly waives and releases its right to claim any
damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation of
any pre-existing permit or franchise held by Contractor prior to annexation., and further specifically
waives the right to receive any additional compensation or any rights of collection in the newly annexed
territory beyond what is provided herein. The provisions of this section shall control over other provisions
of this Agreement covering the Contractor’s rights and obligations to provide services within the Service
Area.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 65 of 267
Page 13 of 33
East Wenatchee 2022 Solid Waste Services Agreement
The City shall provide Contractor with at least one hundred and eighty (180) days’ notice of any pending
annexations, so that Contractor has sufficient time to acquire the necessary equipment, make service
adjustments and provide notices to all Premises within the newly annexed area.
3.3 Single-Family Premises Collection Services
3.3.1 Garbage.
Garbage Collection Service shall occur weekly for Single-Family Premises and Customers shall
be required to use Contractor-provided Carts as their primary collection Container. Contractor shall
provide each Customer with one (1) 96-gallon, 64-gallon, or 35-gallon Cart (at the option of the
Customer) designated for Garbage, and such Cart shall be grey or have a grey/black lid. Contractor shall
collect any Extra Units left out by Customers for collection and shall charge Customers for any such
Extra Units pursuant to the Rates.
3.3.2 Recyclables.
Recyclables Collection Service shall occur weekly for Single-Family Premises Customers on the
same day as a Customer’s Garbage is collected, and the cost is embedded in the Rates for their Garbage
Collection Service. Customers will not receive a discount for electing not to utilize Recyclables
Collection Service. Contractor shall provide each Customer with one (1) 64-gallon cart designated for
Recyclables. Recyclables that do not fit within the Recyclables Cart shall be subject to Extra Unit
charges, pursuant to the Rates. Contractor shall provide each Single-Family Premises Customer with a
64-gallon blue Cart (or Cart with blue lid) for Recyclables Collection Service. Any such additional
Recyclables may be placed in a cardboard box or container marked “Recycling” and left out for
collection. Additional Recyclables Carts are available upon Customer request, pursuant to the Rates.
3.3.3 Yard Debris.
Yard Debris Collection Service shall occur every-other-week for Single-Family Premises
Customers on the same day as a Customer’s Garbage is collected and shall be billed to Customers
pursuant to the Rates. All Single-Family Premises Customers who subscribe to Yard Debris Collection
Service will be provided with a 96-gallon green Cart (or Cart with green lid). Food Waste may not be
commingled with Yard Debris.
3.3.4 Bulky Waste.
Contractor shall offer on-call Bulky Waste collection for residential Customers and such service
shall be provided pursuant to the Rates. Oversize items collected by Contractor shall be recycled to the
extent possible. Contractor shall maintain a record of the service date, customer charges, and whether the
item was recycled or disposed. This record shall be provided to the City upon request. Contractor's crews
shall perform such collections in an orderly and quiet manner.
3.3.5 Collection Locations.
Contractor shall collect Solid Waste from the Curbside from all Customers that have Cart-based
Collection Services. Provided the City approves, Contractor may elect not to collect materials from
locations identified by Contractor, acting reasonably, that are impractical or unsafe to operate its
Collection Vehicles due to the conditions of Public Streets. Contractor may also elect not to drive onto
private property where driveways or roads do not have adequate turnarounds or there are any other unsafe
conditions present.
3.3.6 Extra Units.
Customers will be charged for any Extra Unit(s) pursuant to the Rates. If Contractor identifies a
Customer who regularly leaves Extra Units outside of their Cart(s), Contractor may provide the Customer
with educational information on Cart size options and Rates. Communications with Customers shall be
determined on a case-by-case basis.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 66 of 267
Page 14 of 33
East Wenatchee 2022 Solid Waste Services Agreement
3.3.7 Cart Weights.
Contractor is not required to collect Carts exceeding two pounds per gallon of rated Cart capacity.
Contactor shall not be required to collect Extra Units that exceed 55 pounds. In the event that a Cart or
Extra Unit is not eligible for collection and/or is too heavy to move, Contractor may refuse collection and
tag such Cart and/or Extra Unit with an explanation and requesting the Customer to reduce the weight, as
appropriate.
3.3.8 Carry-Out Service for Physically Challenged Persons.
Contractor shall offer Carry-Out Service at Curbside Rates to Customers with disabilities or any
other Single-Family Premises Customers who are physically challenged and therefore not able to move
Containers to the Curbside (“Physically Challenged Persons”). Customers must request such designation
from Contractor, and the Customer’s household cannot have another person living in the Dwelling Unit
who is capable of rolling Containers out to the Curb. In addition, exemptions may be granted in writing
by Contractor to accommodate any other special needs of Customers.
3.3.9 Contamination
Contractor is not obligated to collect contaminated Containers from Customers. For purposes of
this Agreement, a Container is contaminated when, based on physical and/or electronic visual inspection
it is determined that: (i) a Recyclables Container contains non-Recyclables (pursuant to the list of
materials set forth in Exhibit B), (ii) a Yard Debris Container contains material other than Yard Debris,
and/or (iii) any Container contains any Unacceptable Waste.
If Contractor elects not to collect a contaminated Container, Contractor shall notify the Customer
explaining why. Such notice may be provided by Container tag, email, or other method of
communication.
If Contractor services a Container, and subsequently discovers contamination in the truck hopper
at that stop, Contractor may charge the Customer a contamination charge, pursuant to the Rates. Such
contamination charge may be included on the Customer’s regular invoice or billed separately.
3.4 Commercial Premises Collection Services
3.4.1 Garbage.
Contractor shall collect Garbage from Commercial Premises at least weekly, in Contractor-
provided Containers, at frequencies and service levels agreed upon by Contractor and the Customer, and
Customers shall be charged for such services pursuant to the Rates. Contractor shall charge a minimum
monthly rate to Customers utilizing Drop Boxes. Commercial Premises Customers may utilize their own
Container, provided that any such Customer-provided Container may be safely and effectively handled by
Contractors’ employees and Collection Vehicles.
3.4.2 Recyclables.
Recyclables collection for Commercial Premises Customers is not contemplated within this
Agreement but may be separately negotiated between Contractor and Commercial Premises Customers.
3.4.3 Collection Locations.
Contractor shall collect Solid Waste from Commercial Premises (that do not have Cart-based
services) at a location mutually agreed upon by Contractor and Customers, that have the least slope and
the best access possible for Contractor’s Collection Vehicles, and which allows Contractor’s employees to
safely and easily access Containers.
3.4.4 Overage.
Contractor is not obligated to collect Overage, unless caused by Contractor’s spillage of non-
overloaded Containers during collection.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 67 of 267
Page 15 of 33
East Wenatchee 2022 Solid Waste Services Agreement
If Contractor does elect to collect Overage, Contractor may charge Customers for any such
Overage(s), pursuant to the Rates; provided however, Contractor must have photographic evidence of any
such Overage(s) (which shall be provided to Customers upon request).
If any Commercial Premises Customer has had more than three (3) instances of Overage in any
twelve (12)-month period for a particular service, and Contractor has photographic evidence of each
instance, Contractor may increase such Customer’s service level (i.e., deliver a larger Container or
provide more frequent service), in order to mitigate such frequent Overages, and Contractor shall adjust
the Customer’s bill to reflect the increased service level , pursuant to the Rates.
3.5 Temporary Garbage Collection Service
For temporary Garbage Collection Service requested by Customers, Contractor shall rent 1-, 1.5-,
2-, 4-, 6- and 8- cubic yard Detachable Containers for a duration of 90 days or less to Single-Family
Premises or Commercial Premises Customers, as requested. The charge for temporary Garbage Collection
Service shall include Container delivery, collection and disposal, and will be billed directly to Customers
by Contractor, pursuant to the Rates. Container rental fees will be charged in addition to the cost for
temporary Garbage Collection Service, pursuant to the Rates. The City will refer all requests for
temporary Garbage Collection Service to Contractor for set-up, service scheduling and billing.
4 COMPENSATION
4.1 City Franchise Fee
As consideration for the exclusivity granted to Contractor herein and in order to compensate the
City for such exclusive right granted during the term of this Agreement to collect and haul for hire over
the Public Streets of the Service Area all Solid Waste collected from Customers located within the
Service Area, and to compensate the City for the administrative cost associated with this Agreement,
Contractor shall pay the City, on or before the last day of each month, 3% of Contractor’s Adjusted Gross
Revenues collected from Customers during the preceding month. The term “Adjusted Gross Revenues”
means any and all revenue or compensation collected by Contractor from Customers, pursuant to this
Agreement, net of City Franchise Fees. For the purposes of this Agreement, the t erm Adjusted Gross
Revenues shall not include any: a) revenues generated from non-exclusive services performed by
Contractor, b) City or other state, federal, or local taxes or surcharges; c) Customer late fees, returned
check charges, interest, reactivation charges, or similar charges related to Customer delinquencies; or d)
revenues generated from the sale of Recyclables or any recycling rebates received.
4.2 Rates
Contractor shall be responsible for billing and collecting payments from Customers. For calendar
year 2022, Contractor shall bill Customers pursuant to the Rate Schedule set forth at Exhibit A, attached
hereto. For calendar year 2023 and continuing until the expiration or earlier termination of this
Agreement, the then-current Rates shall be adjusted annually in accordance with Section 4.3 below.
Contractor may occasionally provide other services related to Solid Waste collection in the
Service Area, that are not listed in Exhibit A. In these circumstances, Contractor shall use the then-current
Rates approved by the WUTC under Contractor’s WUTC Tariff, for such service, in the area closest in
proximity to the Service Area (as may be amended from time to time). If any such services are not
covered by either this Agreement or Contractor’s WUTC Tariff, Contractor shall propose a Rate to the
City for approval. Upon approval by the Mayor or the Mayor’s designee, Contractor may proceed to
offer such service(s) to Customers.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 68 of 267
Page 16 of 33
East Wenatchee 2022 Solid Waste Services Agreement
4.3 Annual Adjustments
Commencing on January 1, 2023, and continuing annually on the same date thereafter (each, an
“Adjustment Date”), the Rates, as adjusted hereunder, shall be automatically increased by a percentage
equal to the percent change in the average Consumer Price Index for All Urban Consumers: Water and
Sewer and Trash Collection Services (Series CUUR0000SEHG) (“CPI”), base period December 1997 =
100, US City Average, not seasonally adjusted, as published by the United States Department of Labor,
Bureau of Labor Statistics, for the 12-month period ending nearest, but at least sixty (60) days prior to the
Adjustment Date. The first adjustment of the Rates will be based on the change in CPI, as described
above, of the January 2022 published index to the January 2023 published index. Adjustments to the
Rates shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be
considered when calculating adjustments. Annual CPI adjustments shall not be negative. In the event the
CPI index series decreases year-on-year, there shall be no CPI adjustment that year.
4.4 Pass Through of Disposal
The Rates shall be adjusted periodically to match disposal facility tip fees charged for Roll-Off
Container services.
4.5 Rate Adjustments for Extraordinary Circumstances
The Rates are calculated to pay certain expenses and costs that are of a contingent and uncertain
nature. Therefore, in addition to the annual adjustments referenced in Section 4.3 above, the Rates shall
be, upon written request of Contractor and approval by the City, further adjusted on an interim basis, as
necessary, for increased expenses or reduced revenue associated with performance of the services
hereunder due to any one or more of the following causes:
(a) any Material Changes in Contractor’s costs, including any Material Changes resulting from an
Uncontrollable Circumstance (see Section 7.8) that is not covered by Contractor’s insurance;
(b) if required, initiated, or approved by the City, added fees or changes in the scope or method of
services provided by Contractor pursuant to this Agreement;
(c) any changes in Applicable Law that become effective after the Commencement Date of this
Agreement;
(d) any increase in fees for the Processing of Recyclables and/or Yard Debris;
(e) any increase in surcharges, fees, assessments, or taxes levied pursuant to Applicable Law, in
relation to the Collection Services;
(f) any material increases in the volume of Recyclables, Yard Debris, or other materials collected by
Contractor pursuant to this Agreement, whether caused by Customer growth and/or annexation;
and/or
(g) any other extraordinary circumstances or reasons that are not within Contractor’s reasonable
control.
If Contractor requests a Rate adjustment due to any such extraordinary circumstances set
forth above, Contractor shall prepare a Rate adjustment request setting forth its calculation of the
increased costs, and/or reduced revenue and the Rate adjustment necessary to offset such
increased costs and/or reduced revenue. The City may request any and all documentation and
data reasonably necessary to evaluate such request by Contractor, and may retain, at its own
expense, an independent third party to audit and review such documentation and request. If such
third party is retained, the City shall take reasonable steps, consistent with Applicable Law, to
protect the confidential or proprietary nature of any data or information supplied by Contractor.
The City shall respond within thirty (30) days of receipt of a request from Contractor if
reasonably sufficient supporting information is provided by Contractor.
Notwithstanding the foregoing, if the request is based upon any new or increased third
party fees, taxes, assessments or charges, the City shall review and respond to the request for the
interim Rate adjustment within such time period as necessary to ensure that such new or
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 69 of 267
Page 17 of 33
East Wenatchee 2022 Solid Waste Services Agreement
increased fees, taxes, assessments or charges are passed on to Customers by the date the same become
effective. If Contractor is subject to any new or increased third party fees, assessments or charges that are
beyond its ability to control, any rate increase will be limited to the amount needed to cover the cost
increase. The City will not unreasonably withhold consent to any such requested rate increase.
4.6 Changes in Recyclables Markets/Costs
In the event that a change in Applicable Law or a material change in market conditions affecting
the Recyclables market occurs, including, but not limited to, a lack of commercially reasonable market
availability for a type of Processed Recyclables, changes in market specifications affecting the salability
of a type of Processed Recyclables, or changes affecting the recyclability or marketability of a type of
Processed Recyclables (each a "Material Change"), and such Material Change has the effect of
substantially reducing Contractor’s profits, or preventing or precluding compliance with one or more
provisions of this Agreement, or substantially affecting any other benefit(s) bargained for under this
Agreement, this Agreement shall be modified, or suspended as may be necessary, to comply with,
ameliorate, or prevent the detrimental effects of any such Material Change. A Party detrimentally affected
by a Material Change shall so notify the other Party and the Parties shall engage in good faith negotiations
to amend the Rates set forth in Exhibit A and/or the provisions of this Agreement, as necessary, so that
Contractor may achieve, on an ongoing basis, the level of profits that existed for Contractor immediately
prior to any such Material Change.
On an annual basis, the blended value of Recyclables commodities and the cost to Process
Recyclables commodities specified in this Agreement shall be reviewed utilizing the example calculation
set forth in Exhibit D (Recyclables Market Evaluation). The Rates for Single-Family Premises Customers
shall be adjusted up or down based on the delta of the calculations included in Exhibit D.
4.7 Solid Waste Collection, Disposal and/or Recycling Innovations
Contractor shall keep abreast of all alternatives regarding the collection, disposal, and recycling
of Solid Waste and shall advise and cooperate with the City with respect to any possible innovations,
changes or improvements that could be accomplished with respect to performance of this Agreement.
4.8 Rate Discounts for Low-Income Residents
Contractor shall provide Collection Services at a reduced rate to qualified low-income
Customers. This reduced rate is only available to Single-Family Customers who provide satisfactory
evidence under oath and in writing to the City of meeting the following criteria:
A. Meet the requirements of City of East Wenatchee Municipal Code Section 4.34.020 or any
successor codes, ordinances or resolutions as it pertains to qualified low-income residents;
B. State under oath that he or she will inform the City in writing if there is any change in his/her
household income status as it relates to the requirements set forth by City resolution. The
City may require an updated application from previously qualified low-income Customers at
any time; and
C. Must have resided at stated residence in the Service Area for a period of not less ninety (90)
days and intends to remain at such residence for a minimum of one (1) year from their date of
application.
Upon approval by the City and upon written notification to Contractor, all qualified low-income
Customers shall receive the percentage discounted rate set forth in Exhibit A, as attached hereto.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 70 of 267
Page 18 of 33
East Wenatchee 2022 Solid Waste Services Agreement
5 BILLING; CUSTOMER EDUCATION & OUTREACH
5.1 Customer Billing
Contractor shall be responsible for all Customer billing functions related to the Collection
Services provided pursuant to this Agreement. Contractor shall also perform all customer service
functions related to billing and responding to any Customer inquiries. Contractor may charge a fee,
pursuant to the Rates, to Customers who elect to receive a paper invoice and do not utilize the auto-pay
process. Contractor agrees to collect and remit City taxes without any additional charge for the
administrative expense incurred in collection and remitting such taxes. Contractor may charge Customers
an account set-up fee, pursuant to the Rates, for all new accounts. Single-Family Premises Customers will
be billed quarterly. Commercial Premises Customers will be billed monthly.
The City retains the right to assume the responsibility for billing Customers and the customer
service functions under this Agreement, at any time during the term, upon one-hundred-eighty (180) days
written notice to Contractor. If the City exercises this right, then the Parties shall confer in good faith to
discuss any changes or adjustments to this Agreement which may be necessary for the City to assume the
billing and customer service functions, including the City’s assumption of the risk for bad debt collection.
5.2 Collection for Non-Payment
If a Customer’s account becomes sixty (60) days or more past due, after providing prior notice to
the Customer, Contractor may discontinue any such Customer’s Collection Services and make
arrangements for third party collection of any outstanding past due amounts. Contractor may charge
Customers a late payment fee, interest, NSF check charges, and any costs associated with debt collection.
Contractor will report monthly to the City any Customers who have had their service discontinued for
non-payment. The provisions of this Section 5.2 will terminate only upon mutual agreement of the
Parties. In December 2023, the Parties shall convene to discuss the effectiveness of this Section 5.2 in
reducing the amount of delinquent Customer accounts and any accumulation of waste on Premises that
have become a nuisance to the City. If the Parties agree to suspend the discontinuation of service to
delinquent Customers, then the Parties shall agree to compensate Contractor for collection of delinquent
Customers’ accounts through an adjustment to the Rates.
5.3 Suspension of Collection Services for Disruptive Customers
The City and Contractor acknowledge that from time to time Customers may cause disruptions or
conflicts that make continued service to such Customers unreasonable. Such disruptions or conflicts
include, but are not limited to, repeated damage to Contractor-owned Containers, repeated non-
compliance in positioning Containers in a proper manner, allowing for automated collection, repeated
unsubstantiated claims of timely set-out of Containers followed by a demand for return collection at no
charge, and repeated unsubstantiated claims that Contractor caused damage to a Customer’s property.
Contractor shall make reasonable efforts to continue providing services to any such disruptive
Customers, however, Contractor may deny or discontinue services to any such Customer if Contractor’s
reasonable efforts to accommodate the Customer and to provide services fail. Customers will be notified
of suspended service to their service address within one (1) week of suspension. Contractor shall notify
the Mayor or the Mayor’s designee in writing of any discontinuation of services. If a Customer submits a
written appeal of the discontinuation of their services to the City, the City may, in its discretion,
determine that services be reinstated, and any such determination shall be final. Contractor may also
request the denial or discontinuance of services to Customers who are abusing the services or are
determined to be ineligible.
5.4 Promotion, Education, and Outreach
Contractor acknowledges that education and public awareness are essential elements of efforts to
achieve recycling goals and recycling contamination reduction. Accordingly, Contractor will implement a
public education program to expand public and Customer awareness concerning the necessity for methods
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 71 of 267
Page 19 of 33
East Wenatchee 2022 Solid Waste Services Agreement
of reducing, reusing, and recycling waste materials.
Contractor shall keep the public informed of programs and encourage participation through an
Annual Service Update that Contractor shall provide for Single-Family Premises and Commercial
Premises Customers. The Annual Service Update shall be emailed each year and shall be made available
on Contractor’s website. The Annual Service Update shall include information detailing the services
available to Customers, Solid Waste preparation requirements and other service requirements,
Contractor’s customer service contact information, inclement weather and other policies, collection
calendars, online customer service tools, and other useful Customer information. Key components of
educational materials shall be made available in English and Spanish.
Contractor shall provide an Annual Service Guide and any updated materials to new Customers
prior to the Customer’s first billing cycle and shall, at a minimum, include available services, applicable
rules and service policies, Solid Waste preparation requirements and Contractor’s customer service
contact information.
Contractor shall periodically update and maintain sufficient quantities of Customer information
materials including Cart decals, informational brochures, and postcards.
Each September, the City and Contractor shall present the City with an education and outreach
plan for the following year, including discussions regarding adjustments in materials. The City may elect
to assist Contractor with development of additional promotional material layout and text, as staff time
allows, otherwise Contractor shall be responsible for all design and development work.
5.5 Pilot Programs
Contractor-initiated pilot programs shall require prior written notification to and written approval
by the City. Contractor-initiated pilot programs shall be performed at no additional cost to the City or to
the Customers; however, savings accrued may be subject to negotiations prior to implementation at the
City’s request. Contractor shall not be required to test or implement any pilot program, new technology,
service or development unless the terms and conditions thereof (including any savings or additional
compensation to Contractor) have been mutually agreed in writing by the City and Contractor.
6 INSURANCE AND INDEMNITY
6.1 Insurance
Contractor shall maintain at its own cost and expense the following minimum limits of
occurrence-based insurance during the term of this Agreement:
Type Amount
A. Worker’s Compensation Statutory
B. Employer’s Liability $500,000
C. Comprehensive General Liability $1,000,000 per occurrence
$2,000,000 aggregate
D. Automobile Liability (owned and non-owned)
Bodily Injury/Property Damage Liability $2,000,000 per occurrence
E. Excess/Umbrella $5,000,000 per occurrence
The City, its elected and appointed officials, and employees, shall be included as additional
insured parties under the CGL, Automobile and Excess/Umbrella coverages. The following statements
shall be included in all such insurance policies: “the City of East Wenatchee is named as an additional
insured”; and “this insurance is primary over any insurance or self-insurance the City of East Wenatchee
may have”. Prior to the Commencement Date of this Agreement, Contractor shall deliver to the City
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 72 of 267
Page 20 of 33
East Wenatchee 2022 Solid Waste Services Agreement
certificate(s) of insurance evidencing the required coverages. The certificate(s) shall provide that
cancellation of any policies under which certificates are issued, shall not be valid unless at least thirty (30)
days’ written notice of cancellation is provided.
Failure of Contractor to furnish and maintain the public liability insurance and vehicle coverage
shall be considered a material default of this Agreement and grounds of its immediate termination at the
option of the City, subject to any notice and cure provisions contained in this Agreement.
6.2 Indemnification
a) Contractor agrees to indemnify, defend, and hold the City harmless from and against all claims
and actions, causes of action, suits, debts, damages, liabilities and costs whatsoever, including but not
limited to reasonable attorneys’ fees and costs of defense, based upon or arising out of any injuries
(including death) to persons, or damage to property, to the extent caused by the negligent acts or
omissions or willful misconduct of Contractor, or any of its directors, officers, employees, agents, or
subcontractors, in the performance of this Agreement.
b) To the fullest extent permitted by law, the City agrees to indemnify, defend, and hold
Contractor harmless from and against all claims and actions, causes of action, suits, debts, damages,
liabilities and costs whatsoever, including but not limited to reasonable attorneys’ fees and costs of
defense, based upon or arising out of any injuries (including death) to persons, or damage to property, to
the extent caused by the negligent acts or omissions or willful misconduct of the City, or any of its
directors, officers, elected or appointed officials, employees, agents, or subcontractors, in the performance
of this Agreement.
c) Notwithstanding any provision in this Agreement to the contrary, Contractor shall not be
responsible for any damage to driving surfaces resulting from ordinary wear and tear that occurs during
Contractor’s performance of the Collection Services.
d) The indemnification obligations of this Section shall survive the termination or expiration of
this Agreement for any reason.
6.3 Performance Bond
Contractor shall furnish to the City a proper performance bond to be approved by the City
Attorney, conditioned that Contractor shall faithfully perform all the provisions and terms of this
Agreement and pay all laborers, mechanics, subcontractors, material persons, and all persons who provide
Contractor with provisions and supplies for the carrying on of such work; which bond shall be signed by
Contractor and two (2) or more good and sufficient sureties or with Surety Company as Surety, and shall
be in the amount of Five Hundred Thousand Dollars and no cents ($500,000). Said bond shall be kept in
full force and effect during the term of this Agreement. Contractor agrees to pay all costs, including
attorneys’ fees, associated with the enforcement of said bond.
6.4 Compliance Required
Contractor’s failure to fully comply with any and all terms of the foregoing insurance or bond
provisions shall be considered a default under this Agreement and unless Contractor cures any such
default within thirty (30) days of receipt of notice in writing from the City, such uncured default shall be
cause for the immediate termination of this Agreement, at the option of the City.
7 GENERAL TERMS
7.1 Independent Contractor
The Parties agree and acknowledge that Contractor is an independent contractor and not an agent
or employee of the City, and that no liability shall attach to the City as a result of the acts or omissions of
Contractor, its employees, agents, or assigns. Contractor shall have no authority to execute agreements or
to make commitments on behalf of the City, and nothing contained in this Agreement shall be deemed to
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 73 of 267
Page 21 of 33
East Wenatchee 2022 Solid Waste Services Agreement
create the relationship of employer and employee or principal and agent between the City and Contractor.
7.2 Subcontracting
The Parties intend that Contractor shall utilize its own employees in performance of its
obligations under this Agreement. However, in the event that incidental subcontractor services are
necessary, Contractor shall be responsible for the standards of the work of any subcontractor. Contractor
agrees that no subcontractor shall relieve Contractor of any of its obligations under this Agreement.
7.3 Insolvency; Right to Terminate
Notwithstanding other terms contained in this Agreement, any or all of the following events shall
be considered events of default under this Agreement, allowing the City to terminate this Agreement if
any such defaults are not cured within 10 (ten) days of Contractor’s receipt of written notice from the City
of any such defaults: a) if Contractor petitions any court to be adjudged a bankrupt; b) if a petition in
bankruptcy is filed in any court against Contractor; c) if Contractor is adjudged to be insolvent; d) if
Contractor is adjudged to be bankrupt; e) if a receiver or other officer is appointed to take charge of the
whole or any part of Contractor’s property or to wind up or liquidate its affairs; f) if Contractor seeks
reorganization under the Federal Bankruptcy Code, as amended; or g) if Contractor admits in writing its
inability to pay its debts as such debts become due.
7.4 Dispute Resolution
With respect to any Customer complaints the City receives regarding billing or related to
Contractor’s performance of the Collection Services, the City and Contractor agree as follows: 1)
Contractor shall first make a good faith effort to resolve any such complaint; 2) in the event a Customer is
not satisfied with Contractor’s resolution, the complaint shall be forwarded to the Mayor or the Mayor’s
designee to resolve the complaint, after consultation with both the Customer and Contractor regarding the
unresolved issue; and 3) in the event the Customer or Contractor is not satisfied with the decision of the
Mayor or the Mayor’s designee, either Party may appeal the decision through the City’s appeal process.
Any such administrative process shall not prevent either the City or Contractor from pursuing their legal
or equitable remedies in the Douglas County Superior Court to enforce, construe or otherwise resolve a
dispute between the Parties arising from any term or condition of this Agreement.
7.5 Assignment
This Agreement may not be assigned or transferred by Contractor, without the prior written
consent of the City, which shall not be unreasonably withheld and as evidenced by a resolution from the
City council, signed by the Mayor. In the event of an unauthorized assignment or transfer by Contractor,
the City reserves the right to terminate this Agreement. Notwithstanding the foregoing, Contractor may
assign this Agreement to a subsidiary or corporate affiliate of Contractor without the prior consent of the
City, and this Agreement shall be binding upon the Parties and their respective successors and assigns.
7.6 Taxes and Fees
Contractor acknowledges that it is responsible for payment of any local, state, or federal taxes or
fees with respect to Contractor’s agents and employees, and any taxes or licenses applicable to
Contractor’s business activity.
7.7 Performance Fees
Each year during the term of this Agreement, after the City has received Contractor’s annual
report, the City shall have thirty (30) days to determine if any performance fees are owed by Contractor to
the City. In the event that the City’s review results in findings that Contractor failed to satisfactorily
perform any of its obligations pursuant to this Agreement, the City shall present a documented incident
report to Contractor, that details any such alleged unsatisfactory performance by Contractor. Contractor
then has thirty (30) days to respond to the City’s incident report and to provide data in response that
demonstrates Contractor’s rationale for any alleged performance issues. If Contractor does not provide a
response to the City in the timeframe set forth above, Contractor shall pay to the City any performance
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 74 of 267
Page 22 of 33
East Wenatchee 2022 Solid Waste Services Agreement
fees outlined in the City’s incident report. If applicable, Contractor and the City agree that Contractor
shall pay the dollar amounts listed in the table below, not as penalties, but as performance fees for its
failure to satisfactorily perform its duties under this Agreement. The City and Contractor agree that the
City’s damages would be difficult to quantify in any litigation and that the dollar amounts listed below are
a reasonable estimate of damages sustained by the City as a result of Contractor's failure to satisfactorily
perform its duties under this Agreement.
Performance fees shall include:
Unsatisfactory Action or Omission Performance Fee
1 Repetition of complaints on a route after notification, including, but
not limited to, failure to replace Containers in designated locations,
spilling, not closing gates, not replacing lids, crossing planted areas,
or similar violations.
Fifty dollars ($50) per incident, not to
exceed five-hundred dollars ($500)
per vehicle, per day.
2 Failure to clean-up or collect leaked or spilled materials and/or
failure to notify the City within three (3) hours of any such incident.
Cleanup cost incurred by the City,
plus five-hundred dollars ($500) per
incident.
3 Failure to collect missed materials within one (1) business day after
notification.
Fifty dollars ($50) per incident to a
maximum of five-hundred dollars
($500) per vehicle, per day.
4 Missed collection of a block segment of Single-Family Premises
(excluding missed collections due to inclement weather, but not
excluding collections prevented by inoperable vehicles). A block
segment is defined as one side of a street, between cross-streets, not
to exceed fifty (50) houses.
Two-hundred-fifty dollars ($250) per
block segment if collection is
performed the following day; one-
thousand dollars ($1,000) if not
collected by the following day.
5 Rejection of Garbage, Recyclables or Yard Debris without notifying
the Customer of the reason for rejection.
One-hundred dollars ($100) per
incident.
6 Failure to deliver Container(s), after receiving a request from a
Commercial Premises Customer for new service, within three (3)
days after the date of commencement of Collection Services.
One-hundred dollars ($100) per
incident.
7 Failure to deliver Garbage, Recyclables or Yard Debris Containers,
after receiving a request from a Single-Family Premises Customer
for new service, within seven (7) days after the date of
commencement of Collection Services.
Twenty-five dollars ($25) per
incident.
9 Failure to deliver Recyclables and/or Yard Debris Carts with the
appropriate instructional stickers.
Fifty dollars ($50) per Container.
7.8 Force Majeure
Except for the failure to make payment when due, neither Party shall be in default of its
obligations under this Agreement for a Party’s failure to perform or for a delay in a Party’s performance
due to an Uncontrollable Circumstance, and the affected Party shall be excused from performing any such
obligations during the occurrence of such events. For purposes of this Agreement, “Uncontrollable
Circumstances” means any act of terrorism, act of God, landslides, lightning, forest fires, storms, floods,
typhoons, hurricanes, severe weather, freezing, earthquakes, volcanic eruptions, other natural disasters or
the imminent threat of any such natural disasters, pandemics, quarantines, civil disturbances, acts of the
public enemy, wars, blockades, public riots, labor unrest (e.g., strikes, lockouts, or other labor
disturbances), acts of domestic or foreign governments or governmental restraint, or other causes, whether
of the kind enumerated or otherwise, and whether foreseeable or unforeseeable, that are not reasonably
within the control of a Party.
7.9 Time is of the Essence
Time is of the essence in the performance of this Agreement.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 75 of 267
Page 23 of 33
East Wenatchee 2022 Solid Waste Services Agreement
7.10 Default
Except for the occurrence or existence of an Uncontrollable Circumstance, Contractor’s failure to
perform the material terms of this Agreement within ten (10) days of receipt of written notice from the
City, sent by certified mail/return receipt requested, and a thirty (30) day period to cure any such default,
shall constitute grounds for termination of this Agreement, at the option of the City.
7.11 Non-Waiver
The failure of any Party to enforce any provision of this Agreement is not and shall not be
construed as a waiver of any such provision. The payment or acceptance of compensation subsequent to
any breach of this Agreement is not and shall not be construed as an acceptance of any such breach. All
waivers must be in writing between the Parties.
7.12 Reservation of Municipal Authority
The City specifically reserves the right to enact general municipal ordinances and resolutions
affecting all businesses and persons in the City.
7.13 Severability
If any provision of this Agreement is held to be void, invalid or unenforceable under Applicable
Law, the remaining provisions of this Agreement shall remain in effect and bind the Parties.
7.14 Modification
This Agreement constitutes the entire agreement between the Parties. Except as expressly
provided herein, no alteration or modification of this Agreement shall be effective unless such
modification is in writing and signed by the Parties.
7.15 Applicable Law/Venue
This Agreement shall be governed by the laws of the State of Washington. Venue for any action
hereunder shall be the Douglas County Superior Court.
7.16 Counterparts; Signatures
This Agreement may be signed in counterparts, each of which shall be an original but all of which
shall constitute one and the same document. Signatures transmitted by facsimile or electronically shall be
deemed valid execution of this Agreement and binding on the Parties.
* * *
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 76 of 267
Page 24 of 33
East Wenatchee 2022 Solid Waste Services Agreement
IN WITNESS WHEREOF, the Parties enter into this Agreement as of the Effective Date. Each
person signing this Agreement represents and warrants that he or she has been duly authorized to enter into
this Agreement by the Party on whose behalf it is indicated that the person is signing.
THE CITY OF EAST WENATCHEE,
WASHINGTON
By: ______________________________
Mayor
Date: ______________________________
ATTEST:
By: __________________________
City Clerk,
City of East Wenatchee
APPROVED AS TO FORM:
By: __________________________
City Attorney,
City of East Wenatchee
Date: __________________________
WASTE MANAGEMENT OF
WASHINGTON, INC.
By: ______________________________
Jason Rose, President
Date: ______________________________
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 77 of 267
Page 25 of 33
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT A
Rate Schedule
Total
Service
Charge
Service Level
Garbage Collection
Weekly
Residential
Curbside
Service
(garbage &
weekly
recycling)
1 35-gallon Garbage Cart $ 16.80
1 35-gallon Garbage Cart
*Eligible Low Income $ 13.44
1 64-gallon Garbage Cart $ 21.55
1 64-gallon Garbage Cart
*Eligible Low Income $ 17.24
1 96-gallon Garbage Cart $ 28.69
1 96-gallon Garbage Cart
*Eligible Low Income $ 22.95
Additional 96 Gallon Carts (weekly svc) $ 11.08
Extra Units Garbage (32-gallon equivalent
can/bag) $ 3.92
Yard Debris Collection
Yard Debris Collection Subscription 96-
gallon Cart - EOW $ 12.43
Extra Units Yard Debris (32-gallon paper
bag/bundle/can) $ 2.80
Additional 96-Gallon Yard Debris Cart $ 4.50
Cart Redelivery Charge - Yard Debris $ 16.64
Yard Debris Contamination $ 25.00
Recycling Collection
Weekly Collection - Included in Garbage
Rate
Extra Units Recycling (32-gallon
equivalent can/box) $ 3.92
Additional 64-Gallon Recycling Cart $ 7.00
Recycling Contamination $ 25.00
Recyclables Market Evaluation Adjustment
(Exhibit D) $ 0.00
Miscellaneous Charges:
Bulky Waste Pickup - Disposal (per cubic
yard) $ 25.06
Bulky Waste Pickup – Driver Time (per
hour) $ 131.28
Garbage Cart Swap $ 16.64
Restart Charge - (due to non-payment) $ 17.82
Redelivery Charge - (due to non-payment) $ 16.64
Vacation Restart Charge $ 8.27
Carry Out Service per Cart (per month) $ 16.69
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 78 of 267
Page 26 of 33
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT A
Rate Schedule
Carry Out Service for Physically
Challenged Persons $ -
Weekly
Commercial
Cart
1 35-gallon Garbage Cart $ 18.61
1 64-gallon Garbage Cart $ 28.78
1 96-gallon Garbage Cart $ 38.94
Extras Units (32-gallon equivalent) $ 3.92
Ancillary Charges:
Return Trip (per occurrence) $ 9.14
Lock and Unlock Charge (per month) $ 14.77
Gate Charge (per month) $ 14.05
Roll-out Charge, per 25 ft, per cart, per p/u $ 3.50
Redelivery Charge - (due to non-payment) $ 18.25
Cart Cleaning (per cart per cleaning) $ 10.00
Com'l/MF
Detachable
Container
(compacted)
2 Cubic Yard Container $ 313.02
4 Cubic Yard Container $ 538.25
6 Cubic Yard Container $ 763.48
Commercial
and MF
Detachable
Container
(loose)
1 Cubic Yard, 1 pickup/week */** $ 75.10
1 Cubic Yard, 2 pickups/week */** $ 150.20
1 Cubic Yard, 3 pickups/week */** $ 225.30
1 Cubic Yard, 4 pickups/week */** $ 300.40
1 Cubic Yard, 5 pickups/week */** $ 375.50
1.5 Cubic Yard, 1 pickup/week */** $ 104.75
1.5 Cubic Yard, 2 pickups/week */** $ 209.50
1.5 Cubic Yard, 3 pickups/week */** $ 314.25
1.5 Cubic Yard, 4 pickups/week */** $ 419.00
1.5 Cubic Yard, 5 pickups/week */** $ 523.75
2 Cubic Yard, 1 pickups/week */** $ 129.08
2 Cubic Yard, 2 pickups/week */** $ 258.16
2 Cubic Yard, 3 pickups/week */** $ 387.24
2 Cubic Yard, 4 pickups/week */** $ 516.32
2 Cubic Yard, 5 pickups/week */** $ 645.40
3 Cubic Yard, 1 pickup/week */** $ 176.15
3 Cubic Yard, 2 pickups/week */** $ 352.30
3 Cubic Yard, 3 pickups/week */** $ 528.45
3 Cubic Yard, 4 pickups/week */** $ 704.60
3 Cubic Yard, 5 pickups/week */** $ 880.75
4 Cubic Yard, 1 pickup/week */** $ 218.03
4 Cubic Yard, 2 pickups/week */** $ 436.06
4 Cubic Yard, 3 pickups/week */** $ 654.09
4 Cubic Yard, 4 pickups/week */** $ 872.12
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 79 of 267
Page 27 of 33
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT A
Rate Schedule
4 Cubic Yard, 5 pickups/week */** $ 1,090.15
6 Cubic Yard, 1 pickup/week */** $ 307.03
6 Cubic Yard, 2 pickups/week */** $ 614.06
6 Cubic Yard, 3 pickups/week */** $ 921.09
6 Cubic Yard, 4 pickups/week */** $ 1,228.12
6 Cubic Yard, 5 pickups/week */** $ 1,535.15
8 Cubic Yard, 1 pickup/week */** $ 389.23
8 Cubic Yard, 2 pickups/week */** $ 778.46
8 Cubic Yard, 3 pickups/week */** $ 1,167.69
8 Cubic Yard, 4 pickups/week */** $ 1,556.92
8 Cubic Yard, 5 pickups/week */** $ 1,946.15
Extra loose cubic yard (Overage), per
pickup $ 25.06
* Extra Lift: Additional service on
scheduled pickup day while driver is on
site. Rate is calculated by dividing monthly
service rate by number of pickups in a
month (4.333).
** Extra Service: Additional service on a
non-scheduled pickup day requiring a
specially dispatched driver. Rate is
calculated by dividing monthly service rate
by number of pickups in a month (4.333)
plus return trip fee.
Detachable Container Ancillary Charges
(per occurrence):
Stand-by Time (per minute) $ 2.05
Roll-out Charge, per 25 ft, per container,
per p/u $ 3.50
Connect/Disconnect Charge $ 30.88
Lock and Unlock Charge $ 14.77
Container Cleaning (per yard of container
size) $ 5.85
Gate Charge (per month) $ 14.05
Redelivery of Containers (due to
nonpayment) $ 27.65
Return Trip $ 18.70
Service Level (based on pick-ups) Rent Delivery Haul
Commercial
and MF
Drop-box
Non-compacted 10 cubic yard Drop-box $ 46.00 $ 70.91 $ 149.88
Non-compacted 20 cubic yard Drop-box $ 49.70 $ 70.91 $ 149.88
Non-compacted 30 cubic yard Drop-box $ 53.80 $ 70.91 $ 149.88
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 80 of 267
Page 28 of 33
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT A
Rate Schedule
Collection Non-compacted 40 cubic yard Drop-box $ 61.50 $ 70.91 $ 149.88
Compacted 10 cubic yard Drop-box $ 149.88
Compacted 15 cubic yard Drop-box $ 149.88
Compacted 20 cubic yard Drop-box $ 149.88
Compacted 25 cubic yard Drop-box $ 149.88
Compacted 30 cubic yard Drop-box $ 149.88
Compacted 40 cubic yard Drop-box $ 149.88
Drop-box Ancillary Charges Per Event
Return Trip $ 49.60
Relocation Rate $ 60.87
Bad Pay Reactivation Charge $ 25.00
Mileage $ 4.00
Collection Vehicle - Special Pickups (per
hour) $ 131.28
Extra Personnel (per hour) $ 26.17
Stand-by Time (per minute) $ 2.18
Container cleaning (per yard of container
size) $ 7.39
Connect/Disconnect Charge $ 30.88
Haul
Charge Service Level
2 Yard detachable container $ 37.24
Temporary
Collection
Hauling
4 Yard detachable container $ 62.90
6 Yard detachable container $ 88.57
8 Yard detachable container $ 112.29
Non-compacted 10 cubic yard Drop-box $ 164.62
Non-compacted 20 cubic yard Drop-box $ 164.62
Non-compacted 30 cubic yard Drop-box $ 164.62
Non-compacted 40 cubic yard Drop-box $ 164.62
Delivery
Charge
Daily
Rental Service Level
2 Yard detachable container $ 70.91 $ 1.50
Temporary
Collection
4 Yard detachable container $ 70.91 $ 1.50
6 Yard detachable container $ 70.91 $ 1.50
Container
Rental
and
Delivery
8 Yard detachable container $ 70.91 $ 1.50
Non-compacted 10 cubic yard Drop-box $ 70.91 $ 1.70
Non-compacted 20 cubic yard Drop-box $ 70.91 $ 1.80
Non-compacted 30 cubic yard Drop-box $ 70.91 $ 2.10
Non-compacted 40 cubic yard Drop-box $ 70.91 $ 2.50
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 81 of 267
Page 29 of 33
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT A
Rate Schedule
Other
City Code Enforcement Program (per 2.5
cubic yard/standard pickup load) delivered
to Transfer Station $ 50.00
City Decant Waste (per ton)
$ 26.58
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 82 of 267
Page 30 of 33
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT B
Recyclables Specifications
MATERIAL
TYPES
ACCEPTABLE
MATERIALS
PREPARATION
INSTRUCTIONS
EXCLUDED MATERIALS
Paper
• Office paper, copy
paper, construction
paper, file folders,
note paper,
computer paper,
brochures
• Newspaper,
advertisements and
paper inserts
• Magazines and
inserts
• Catalogs
• Cardboard
• Direct mail and
paper inserts
• Envelopes
• Paper bags
• Cereal, cookie and
cracker boxes
• Paper towel tubes
• Toilet paper tubes
• Tissue boxes
• Non-foil wrapping
paper
• Kraft paper bags or
boxes
• Paper envelopes
containing plastic
windows
All materials must be dry.
Remove any:
• Plastic bags (exterior
or interior)
• Plastic packaging
• Metal
• Electronics
• Magnets
• Twine
• Straws
• Lids
• Food and/or liquids
• Shredded paper
• Paper envelopes lined with
bubble wrap
• Insulation liners or envelopes
made from plastic (Tyvek)
• Laminated paper
• Stickers/labels
• Photos
• Carbon paper
• Receipts
• Paper affixed to magnets
• Hot or cold cups
• Pet food bags
• Mixed material bags
• Wet and/or soiled paper
• Paper with large amounts of
paint and/or glue
• Frozen food boxes
• Juice boxes
• Milk cartons
• Ice cream containers
• Aseptic containers, e.g. soup,
broth, soymilk, almond milk
Cardboard
• Cardboard boxes
• Cardboard
packaging
• Cardboard
beverage
containers
• All materials must be
dry
• Flatten all cardboard
• Remove all interior
packaging, e.g. block
foam, packing
peanuts and exterior
plastic wrap
• Do not bundle with
tape or twine
(external tape is
acceptable)
• Place any oversized
cardboard next to
Cart/Container
• Waxed cardboard
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 83 of 267
Page 31 of 33
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT B
Recyclables Specifications
MATERIAL
TYPES
ACCEPTABLE
MATERIALS
PREPARATION
INSTRUCTIONS
EXCLUDED MATERIALS
Metal
• Tin, aluminum
and/or steel food
and/or beverage
containers
• Remove all exterior
packaging
• Remove lids
• Empty of all food
and/or liquids or
other debris
• Labels do not need to
be removed
• Aluminum foil and/or trays
• Sharp and/or greasy metal
• Scrap metal
• Batteries
• Microwaves
• Electrical cords
• Cell phones
• Vehicle snow chains
• Aerosol cans
Plastic Bottles
• PET/PETE bottles
• HDPE bottles/jugs
• Remove lids
• Remove straws
• Empty of all food
and/or liquids or
other debris
• Labels do not need to
be removed
• Plastic bags
• Plastics items #3-#7
• Food and/or beverage
containers
• Dairy tubs, e.g. butter, yogurt,
cottage cheese
• Cups
• Rigid flowerpots
• 5-gallon buckets
• Plastic film
• Diapers
• Plastic bottles that contained
HHW listed materials
• Deli, bakery and produce
clamshell containers
• Loose lids, any size
• Plant trays
• PVC
• Large rigid plastic, e.g.
outdoor furniture, laundry
baskets, swimming pools, toys
• Hoses
• Landscaping/sprinkler tubing
Other Not applicable Not applicable
• Shredded paper
• Fabric (textiles)
• Carpet
• Wire
• Rope
• Chains
• Christmas lights
• Wood
• Glass of any kind
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 84 of 267
Page 32 of 33
East Wenatchee 2022 Solid Waste Services Agreement
EXHIBIT C
City Facilities
Department
Service
Address
City Hall 1 8-yard Garbage 1x week
1 8-yard Recyclables 1x week 271 9th St NE
City Police Station 1 8-yard Garbage 1x week
1 8-yard Recyclables 1x week 50 Simon St.
City Public Works
2 8-yard Garbage 2x week
1 8-yard Recyclables 1x week
TBD
City Street Can 32-gallon Garbage 2x week 800 Valley Mall
PKWY
City Street Can 32-gallon Garbage 1x week 1102 Valley Mall
PKWY
City Street Can 32-gallon Garbage 1x week 9th St NE & Eastmont
Ave
City Street Can 32-gallon Garbage 1x week 9th St NE & Valley
Mall PKWY
City Events
Make a Difference Day 1 30-yard Garbage (Location to be specified
by the City)
Les Schwab Classy Chassis
Parade & Car Show
1 8-yard Garbage – serviced once (Location to be specified
by the City)
Wings & Wheels
Festival/Aviation Days
1 6-yard Garbage – serviced once
25 35-gallon Garbage – serviced once
255 N Georgia Ave; and
1 Pangborn Rd
City Event – To Be
Determined 1 8-yard Garbage - serviced once To Be Determined
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 85 of 267
Page 33 of 33
East Wenatchee 2022 Solid Waste Services Agreement
EHXIBIT D
Recyclables Market Evaluation Example
Waste Management – Spokane Materials and Recycling Technology (SMaRT)
1. Change in MRF Processing Costs Explanatory Notes
a
Agreement Implementation Processing Cost
per Ton $147.22 Based on previous WUTC tariff filing
b $150.00
Based on most recent WUTC tariff
filing (example, if applicable)
c New Annual Processing Cost per Ton $2.78 [ b - a ]
d Annual Residential Recycling Tons 739.83
Residential recycling tons (annualized) - update
each year
e
Change in Processing Cost Total Value -
Residential $2,057 [ c x d ]
f Total Residential Accounts 3,874 Update each year
g New Processing Adjustment Per Account $0.04
[ e / f / 12 ] (example - positive number = rate
increase; negative number = rate decrease)
Annual Change to Monthly Residential
Customer Rates (increase or decrease)
2. Change in Commodity Values
h
Implementation Average Commodity Value
per Ton $117.68
Implementation average commodity values -
SMaRT
i Annual Revised Commodity Value $130.00
Based on most recent WUTC tariff
filing (example)
j Revenue Change per Ton $ (12.32) [ h - i ]
k Annual Residential Recycling Tons 739.83
Residential recycling tons (annualized) - update
each year
l
Change in Total Commodity Revenue -
Residential $ (9,116) [ j x k ]
m Total Residential Accounts 3,874 Update each year
n New Commodity Adjustment Per Account $ (0.20)
[ l / m / 12 ] (example - positive number = rate
increase; negative number = rate decrease)
3. Total Monthly Adjustment (Debit/Credit) to
Accounts $ (0.16)
[ g + n ] (example - positive number = rate
increase; negative number = rate decrease)
Total Change to Residential Customer Rates
(annual increase or decrease)
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 86 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor Crawford and City Council
From/Presenter: Police Chief Rick Johnson
Subject: Resolution 2021-32, Interlocal Agreement for School Resource
Officer (SRO) services beginning in the 2022-2023 school year.
Date: 11/2/2021
I. Summary Title: Resolution 2021-32, authorizing the Mayor to sign the amended Interlocal Agreement
between the City of East Wenatchee and the Eastmont School District for School Resource Officer
(SRO) services beginning in the 2022-2023 school year.
II. Background/History: The Eastmont School District Board of Directors took action on August 20, 2018,
directing the Superintendent to proceed with the hiring of School Resource Officers (SRO) for the
Eastmont School District. Police Chief Johnson has negotiated the proposed agreement attached as
Exhibit-A for the 2022 budget.
III. Councilmember Magdoff motioned the approval of Resolution 2021-20 on 9/21/2021, authorizing the
Mayor to sign the Interlocal Agreement between the City and the Eastmont School District with the
correction of the cost of the SRO to be $134,921. Eastmont School District is to cover 60% of that
amount. Councilmember Johnson seconded the motion. Motion carried (5-1, Sleiman).
IV. After approval of the motion the annual payment for services was adjusted in the Interlocal to reflect
the approved motion on Resolution 2021-20. However, other substantive modifications to the
Interlocal were made and the Interlocal was not signed, requiring that the Interlocal as revised be
presented to the Council for approval.
V. Recommended Action: Motion to approve the amended SRO Agreement as presented.
VI. Exhibit A: Interlocal Agreement between the City of East Wenatchee and the Eastmont School District
for school resources officer services.
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
134,921.95
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 87 of 267
City of East Wenatchee Resolution 2021-32 with Exhibit A Page 1 of 2
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
City of East Wenatchee, Washington
Resolution No. 2021-32
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Interlocal Agreement between the City of East
Wenatchee and the Eastmont School District for School Resource
Officer (SRO) Services beginning in the 2022-2023 school year.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en
voz alta, etc.), póngase en contacto con el vendedor de la ciudad al
alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711
(TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read
aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711
(TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
organize and regulate its internal affairs and to define the powers,
functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE
AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute an
Interlocal Agreement in the form of attached Exhibit-A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration shall
not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 88 of 267
City of East Wenatchee Resolution 2021-32 with Exhibit A Page 2 of 2
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
Passed by the City Council of East Wenatchee, at a regular meeting thereof
on this 2nd day of November 2021.
The City of East Wenatchee,
Washington
By _________________________________
Jerrilea A. Crawford, Mayor
Attest:
___________________________
Maria Holman, City Clerk
Approved as to form only:
___________________________
Robert Siderius, City Attorney
Filed with the City Clerk: 10/27/2021
Passed by the City Council: 11/2/2021
Effective Date: 11/2/2021
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 89 of 267
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF EAST WENATCHEE AND
THE EASTMONT SCHOOL DISTRICT
FOR SCHOOL RESOURCE OFFICER SERVICES
This Agreement is made and entered into on October 11,2021,
between the City of East Wenatchee ("City")and the Eastmont School District
#206 ("District"),both municipal corporations of the State of Washington,
located in Douglas County,Washington,with respect to the following facts:
WHEREAS,the City and the District have the power,authority,and
responsibility to provide security services within their respective jurisdictions and
facilities;and
WHEREAS,the District has expressed a desire to execute an
agreement with the City for the services of one full-time police officer,known as
a School Resource Officer ("SRO")to be stationed at Eastmont High School
and serving the District's schools located within the City's corporate boundaries
and those schools out of the City,but within Douglas County;and
WHEREAS,both parties desire to enter into an agreement for the
purpose of utilizing the City's capabilities to provide the District with SRO
services;and
WHEREAS,the District and the City believe that the services
rendered by an SRO will enhance school security and benefit public safety;and
WHEREAS,the City is willing to assign a police officer to serve as an
SRO as set forth herein,subject to the District's commitment to reimburse the
City for 60%of the basic salary and benefits for maintaining such position;and
City of East Wenatchee/Eastmont School District Interlocal Agreement -SRO Services 10/11/21;Page 1 of 10
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 90 of 267
WHEREAS,the City and the District agree to fund an SRO position in
accordance with the terms and conditions set forth in this Agreement;and
WHEREAS,this Agreement is specifically authorized by the interlocal
Cooperation Act set forth in Chapter 39.34 of the Revised Code of Washington;
NOW THEREFORE,
IN CONSIDERATION OF THE PROMISES AND AGREEMENTS
CONTAINED HEREIN,IT IS AGREED AS FOLLOWS:
1.Provision of School Resource Officer Services.Commencing with the
start of the 2022-23 school year,thereafter during the term of this
Agreement,the City shall provide School Resource Officer ("SRO")
services (collectively referenced as "Services").
The SRO shall be stationed ata site to be determined by the District
and shall primarily serve the District's secondary schools located
within the City,but shall also serve the District's others schools located
within the City and County on an “as needed”basis.Services are more
fully described in Exhibit “A”attached hereto and incorporated by this
reference.
The City shall have the sole discretion as to selecting the SRO applicant
pool for the District to collaboratively choose a finalist from.The Police
Chief will then appoint an SRO.The City shall select the equipment,
uniform,and supplies that will be used by the SRO,and shall be the sole
judge as to the most appropriate,efficient,and effective manner of
handling and responding to calls for Services or the rendering thereof,
and for annual reporting of SRO activities to the Office of the
Superintendent of Public Instruction (OSPI).In addition,the City shall be
solely responsible to ensure that any SRO assigned to work with the
District pursuant to this Agreement is fully qualified and trained in
accordance with ESHB 1214.SL 2021.
City of East Wenatchee/Eastmont School District Interlocal Agreement -SRO Services 10/11/21;Page 2 of 10
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 91 of 267
The SRO will remain an employee of the City.The delivery of Services,
the standards of performance,the discipline of officers,the supervision
of the SRO and any other City personnel,and other matters incidental to
the performance of the Services,shall remain under the control of the
City.
2.Salary and Overtime.The District shall not assume any liability for the
direct payment of any salaries,wages,or other compensation to an
SRO performing the Services provided hereunder.The City shall be
responsible for any cost of overtime as authorized by the chain of
command of the SRO for work not covered within the scope of Services
defined in Exhibit “A”.
The District shall not be responsible for any off-duty employment costs.
Off-duty employment agreements shall be between the District and the
City using the City's standard agreement.Except as otherwise specified
herein,the District shall not be liable for compensation for wages or
indemnity to any City employee for injury or sickness arising out of
his/her employment pursuant to this Agreement.
3.Term.This Agreement shall be effective fora 1 year term,from
September 1,2022 through August 31,2023.Following expiration of the
initial year term,this Agreement shall automatically be extended for
additional one-year terms thereafter,unless a minimum of 30 days notice
of cancellation is provided by one party to the other.
4.Payment for Services.The parties agree that the annual cost,including
benefits,for maintaining an SRO position is presently $134,920.95.The
District will reimburse the City 60%of the aforementioned annual
average base salary and benefits for a non-supervisory officer as
provided by this Agreement,for the term of this Agreement.Annual
charges will be billed in four quarterly installments.The District shall
remit payment to the City within thirty (30)days after receipt of a
quarterly invoice.The Finance Directors for each party are authorized to
modify this payment schedule and process by subsequent mutual
City of East Wenatchee/Eastmont School District Interlocal Agreement —-SRO Services 10/11/21;Page 3 of 10
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 92 of 267
agreement,provided such understandings or modifications shall be in
writing.
5.Emergency Situations.During days when school is in session,the SRO
will not be assigned by the District to duties other than those set forth
herein,except for required City Police Departmental training or in
response to emergency conditions,as determined by the sole discretion
of the Chief of Police,that necessitate the response of additional police
personnel.
6.Indemnification.The parties mutually agree to defend at its own
expense,indemnify and hold harmless the other party,its hired,
appointed and elected officers,officials,employees,agents,and
volunteers from and against any and all liabilities,judgments,liens,
losses,costs,damages and expenses,including costs and attorney fees
in defense thereof,because of actions,claims or lawsuits of any kind
that allege injury or death to a person,or damage,injury,or destruction
to property or the enjoyment of property caused or allegedly caused or
occasioned in whole or in part by or arising out of the performance or
carrying out of the terms of this Agreement and/or amendments to this
Agreement,except to the extent that such injury or death to a person,or
damage,injury,or destruction of property or the enjoyment of property is
caused by the negligent or intentional tortuous acts of the other party,
and/or its hired,appointed and elected officers,officials,employees,
agents and volunteers.
7.Compliance with Laws.The District acknowledges that,in addition to
compliance by the City with all applicable laws and regulations relating
to employee hiring,the City's Civil Service rules prohibit discrimination
on the basis on non-merit factors.Additionally,the District acknowledges
and agrees that the Services rendered hereunder may be affected by
provisions of the collective bargaining agreement between the City and
the union representing the SRO.
City of East Wenatchee/Eastmont School District Interlocal Agreement -SRO Services 10/11/21;Page 4 of 10
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 93 of 267
8.Future Costs.Amount for subsequent years.Commencing January 1,
2023,and for each year thereafter,the District will increase its payment
to the City by 100%of the U.S.Consumer price Index for Urban Wage
Earners and Clerical Worker (CPI-W)July to July statistics for the Pacific
Region (Series ID #CWURO490SAQ0)for the preceding twelve months.
Minimum increase shall be 1%;maximum increase 3%.The City’s
Finance Director shall notify the District of the amount of the payment on
or before November 1 of each year.
Furthermore,this Agreement shall be subjectto all laws,rules,and
regulations of the United States of America,State of Washington,and
the City of East Wenatchee.Should any such authority effectively
prevent the performance of the obligations set forth herein or otherwise
materially interfere with the achievement of the purposes of this
Agreement,either party may terminate this Agreement upon 30 days
written notice to the other.
9.Student Discipline.The parties understand and agree that the District
has sole responsibility for the administration of student discipline.
10.Modification.Either party may,in writing,request changes in the
Agreement.Any and all agreed modifications shall be in writing,signed,
by each of the parties and affixed to this Agreement.
11.Venue and Governing Law.In the event of litigation arising out of the
construction or interpretation of any of the terms of this Agreement,the
venue of such action of litigation shall be in the courts of the State of
Washington,County of Douglas.This Agreement shall be governed by
the law of the State of Washington.
12.Evaluation.The evaluation of the SRO shall be an equally shared
process with the District.Evaluation shall include information obtained
from a required process for students and families to submit a complaint
regarding SRO services and responses to situations.Any complaints
City of East Wenatchee/Eastmont School District Interlocal Agreement —SRO Services 10/11/21,Page 5 of 10
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 94 of 267
shall be reviewed by both the City and District with a final report
presented to both organizations and made available to the public once
completed.(HB 1214)
13.Mediation/Arbitration Clause.If a dispute arises from or relates to this
Agreement or the breach thereofand if the dispute cannot be resolved
through direct discussions,the parties agree to endeavor first to settle
the dispute in an amicable manner by mediation administered by a
mediator under Judicial Dispute Resolution LLC (“JDR”)service rules or
policies before resorting to arbitration.If the parties are unable to agree
on the selection of a mediator or are unable to resolve the dispute by
mediation pursuant to this section,or the parties waive mediation by
written agreement,then the parties agree to submit their dispute to
binding arbitration by delivering written demand for arbitration to the
other party.The parties shall agree upon one arbitrator within ten days
of the arbitration demand.The arbitrator must be a JDR panelist.If the
parties do not mutually agree on the identity of the arbitrator within such
period,the arbitrator shall be selected by the administrator of the JDR,
according to the arbitration rules of the JDR,without further input by the
parties.All statutes of limitations which would otherwise be applicable
shall apply to any arbitration proceeding hereunder.The arbitration will
be conducted in effect on the date hereof,as modified by this Section.
Any issue about whether a claim must be arbitrated pursuant to this
provision shall be determined by the arbitrator.
14.Confidentiality.Laws involving confidentiality govern both the District and
the City.Both the District and the City agree that its employees,
subcontractors,and others shall maintain the confidentiality of all
information provided by the other to the extent authorized to do so by the
laws governing each.The federal Family Educational Rights and Privacy
Act (FERPA)governs the District and the City understands that this act
and other state and federal laws will restrict the issuance of certain
information to the City.The District likewise understands that certain
City of East Wenatchee/Eastmont School District Interlocal Agreement -SRO Services 10/11/21;Page 6 of 10
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 95 of 267
15.
16.
17.
18.
19.
intelligence and law enforcement information is to remain confidential
and in the sole control of the City.Each agency agrees to respect the
requirement imposed on the other and in the event of any judicial action
being taken to promptly notify the other of any attempt to seek disclosure
of information.
Notices.Any notices required to be given by the Parties shall be
delivered at the addresses set forth below.Any notices may be delivered
personally to the addressee of the notice or may be deposited in the
United States mail,postage prepaid,to the address set forth below.Any
notice so posted in the United States mail shall be deemed received
three (3)days after the date of mailing.
Severability.If any term or condition of this Agreement or the application
thereof to any persons(s)or circumstances is held to be unconstitutional
or invalid,such invalidity shall not affect the validity of the remaining
portion of this Agreement and the remainder shall remain in full force
and effect.The terms and conditions of this Agreement are declared
severable.
Captions.The captions used herein are for convenience only and are not
a part of this Agreement and do not in any way limit or amplify the terms
and provisions hereof.
No Waiver.Waiver of any breach or condition of this Agreement shall not
be deemed a waiver of any prior or subsequent breach.No term or
condition of this Agreement shall be held to be waived,modified, or
deleted except by an instrument,in writing,signed by the parties hereto.
Entire Agreement.This written Agreement represents the entire
agreement between the parties and supersedes any prior oral
statements,discussions,or understanding between the parties.
City of East Wenatchee/Eastmont School District Interlocal Agreement -SRO Services 10/11/21;Page 7 of 10
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 96 of 267
20.Counterpart Originals.This Agreement may be executed in two or more
counterparts,each of which shall be deemed an original,but all of which
together shall constitute one and the same instrument.
REVIEWED BY DISTRICT PARENTS,STUDENTS,AND COMMUNITY MEMBERS
ON
APPROVED BY THE EAST WENATCHEE CITY COUNCIL ON
CITY OF EAST WENATCHEE EASTMONT SCHOOL DISTRICT
wi a?)
a , ——
By:Jerrilea Crawford By:Gain Christensen
Its:Mayor Its:Superintendent
Date:Date:_%QO -f3 °D>L.
NOTICES TO BE SENT TO:NOTICES TO BE SENT TO:
Jerrilea Crawford,Mayor Garn Christensen,Superintendent
City of East Wenatchee Eastmont School District
271 9th Street NE 800 Eastmont Avenue
East Wenatchee,WA 98802 East Wenatchee,WA 98802
City of East Wenatchee/Eastmont School District Interlocal Agreement -SRO Services 10/11/21:Page 8 of 10
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 97 of 267
(0/13/p)
EXHIBIT “A”
PROGRAM GOALS:
e To improve the relationship between the City of East Wenatchee Police Department
and the Eastmont School District.
e To reduce crime and improve security in the schools.
e To improve the quality of education in school.
PROGRAM BENEFITS:
e The SRO Program should help reduce crime in the schools and community.It will
do so by intervening earlier in the delinquency pattern as well as offering
students a positive role model.
e The physical security of the schools will be improved.This will result in a safer
environment for students and faculty.
e The SRO will improve the liaison between students and faculty and the City
Police Department.Overall,the relationship between the schools,staff,students,
the City Police Department,and the community will improve.
SRO duties are those duties that are typically outside of the standard law enforcement
requirements or do not require a commission to perform.An SRO is often performing
dual roles,those identified as an SRO and those performed as a commissioned law
enforcement officer.By way of illustration the duties performed as an SRO and duties
performed as a commissioned law enforcement officer are described below.
SRO DUTIES:
1.Complete the required OSPI training prior to assignment.
2.Not participate in formal school discipline situations that are the responsibility of
school administrators.
3.Respond to administrator approved requests from teachers and staff for SRO
assistance.
4.Provide specialized training to school staff and students designed to improve
security in the school.Topics,for example,can include drug and gang
identification,stranger awareness,sexual predators,crime prevention,and safety
presentations,etc.
5.Provide advice to School District personnel on law enforcement issues.Officers
will assist in suggesting solutions to security problems that arise in the School
District.
City of East Wenatchee/Eastmont School District Interlocal Agreement -SRO Services 10/11/21;Page 9 of 10
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 98 of 267
Assist School District personnel in the identification of/and behavior modification
of behaviors not conduciveto a positive school environment and assist in law
enforcement and security-related problem resolution.
Work with School District security personnel on matters of mutual concern and
provide them with training to enhance school safety.
Develop mentor relationships with students when possible.
9.Work flexible or adjusted shifts when necessary and permissible by labor
Agreement to accommodate evening meetings,presentations,or other classes
involving the SRO.
10.SROs generally will not take any vacation during periods in which school is in
session.If this should occur,the City agrees to make reasonable efforts to assign
other officers to provide SRO Services in the regular officer's absence.
11.Maintain appropriate school records and preserve the confidentiality of student
records.
LAW ENFORCEMENT DUTIES:
1.Conduct preliminary investigations of crimes that have occurred on/off campus
involving students from any school district and that are reported at the schools
within the Eastmont School District.
.Handle traffic complaints involving students on district properties and
immediately adjoining areas.
Attend City of East Wenatchee Police Department and District training as
required.
Conductinvestigations involving crimes committed on school property located
within the City of East Wenatchee.
Investigate illegal acts and suspicious activities occurring on school property.
6.Conduct investigations into reported or suspected abuse or neglect of students.
City of East Wenatchee/Eastmont School District Interlocal Agreement -SRO Services 10/11/21;Page 10 of 10
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 99 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Lori Barnett, Community Development Director
Subject: Resolution 2021-25 regarding cost sharing for the creation of up-
to-date orthographic and oblique aerial photographs of Douglas
County.
Date: November 2, 2021
I. Summary Title: A Resolution of the City of East Wenatchee,
Washington authorizing the Mayor to sign an Interlocal Agreement by
and among the City of East Wenatchee, Douglas County, Chelan
Douglas Regional Port Authority, Douglas County Public Utility
District No. 1, East Wenatchee Water District, Douglas County Sewer
District No. 1, the Washington State University Agricultural Extension
Office for Douglas County, Douglas County Fire District No. 2, and
RiverCom911, (“Contributing Parties”) regarding cost sharing for the
creation of up-to-date orthographic and oblique aerial photographs of
Douglas County, together with associated databases and software,
repealing Resolution 2015-23, and establishing an effective date.
II. Background/History: In 2015, Douglas County initiated a project to
obtain a new aerial photo process that provides high resolution aerial
imagery along with a 5-way aerial oblique. Douglas County invited
several agencies to a demonstration of the process and the agencies
agreed to a cost sharing approach for the first two aerial flights. Prior
to that project, the last high quality aerial photo that we had was from
a 2003 flight at 6-inch pixels. The lower the pixel count, the better the
resolution.
The first flight was completed in 2016 and a second flight was flown
in 2019. Both flights provided a 4-inch pixel resolution. The annual
cost to the city for those flights was spread out over 6 years with
approximately $5,500/year for the first 3 years and $7,400/year for
the last 3 years. The interlocal agreement was approved by Council
on December 8, 2015 with passage of Resolution 2015-23.
This aerial photo and the 5-way aerial oblique are very helpful in
evaluating projects, determining what is on a piece of property,
measuring slope, elevation, and heights of structures. It is accurate
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 100 of 267
enough to approximate the location of property lines. A unique
feature of this process is the ability for a full-circle aerial oblique view
of a building.
Example: Aerial oblique view looking at the south side of the new police station at
50 Simon St.
Douglas County has added two other agencies to the cost sharing
project for the new flights: Douglas County Fire District #2 and
RiverCom. As a result, the annual cost to East Wenatchee will be
reduced to approximately $3,689.49 per year for the first 3 years.
Flights are planned for 2022 and 2025.
These new flights will be 3-inch pixels for East Wenatchee and along
the shoreline. The first flight will cost approximately $255,668 and the
second flight $267,440. The cost to the city for the last 3 years will be
approximately $4,000 per year.
The attached interlocal agreement spreads the costs to various
entities on an installment basis over 6 years. This cost of this
proposal was included in the 2022 Budget.
III. Recommended Action: Approve Resolution 2021-25 and authorize
the Mayor’s signature on the Interlocal Agreement.
IV. Exhibits:
Resolution 2021-25 and Exhibit A
Financial Data:
Expenditure Required
Amount Budgeted
Appropriation Required
$ 0 $ 4,000 in 2022 $ 0
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 101 of 267
City of East Wenatchee Resolution 2021-25 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1). Page 1 of 3
City of East Wenatchee, Washington
Resolution No. 2021-25
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign an Interlocal Agreement by and among the City of East Wenatchee, Douglas County, Chelan Douglas Regional Port Authority, Douglas County Public Utility District No. 1, East Wenatchee Water District, Douglas County Sewer District No. 1, the Washington State University Agricultural Extension Office for Douglas County, Douglas County Fire District No. 2, and RiverCom911, (“Contributing Parties”) regarding cost sharing for the creation of up-to-date orthographic and oblique aerial photographs of Douglas County, together with associated databases and software, repealing Resolution 2015-23, and establishing an effective date.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY).
2.Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the CityCouncil to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
2.2. RCW 35A.11.040 and RCW 39.34.030 authorize the City to enter into an agreement with another public agency for joint or cooperative action. For an Interlocal Agreement to enter into force, the participating public agencies must take action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 102 of 267
City of East Wenatchee Resolution 2021-25 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1). Page 2 of 3
3.Purpose. The purpose of this Agreement is to set forth the termsand conditions under which the Contributing Parties will share thecost of obtaining orthographic and oblique aerial photographs ofDouglas County, together with associated databases and software.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
4.Interlocal Agreement. A true and correct copy of an InterlocalAgreement for Contributing Parties creating a cost sharing methodfor the creation of up-to-date orthographic and oblique aerialphotographs of Douglas County, together with associated databasesand software is attached as Exhibit A.
5.Authorization. The City Council authorizes the Mayor to executean Interlocal Agreement that conforms to the language set forth inExhibit A.
6.Repeal Resolution 2015-23. This resolution repeals Resolution2015-23 passed by the City Council on December 8, 2015 authorizingan interlocal agreement for the first series of aerial photos recordedon December 12, 2015 under auditor file number 3191583.
7.Recording.
7.1. Once the Interlocal Agreement is signed by all necessaryparties, the City Council directs the City Clerk to file the signed original Interlocal Agreement with the Douglas County Auditor.
7.2. Once the City Clerk receives the recorded Interlocal Agreement back from the Douglas County Auditor, he or she must record on the face of the Interlocal Agreement where it will be physically located in the City’s files.
7.3. Once the City Clerk has recorded on the face of the Interlocal Agreement, he or she must post a copy of the Interlocal Agreement on the City’s website that contains the Douglas County Auditor’s recording information and the information about where it is physically located in the City’s files.
8. Severability. If a court of competent jurisdiction declares anyprovision in this resolution to be contrary to law, such declarationshall not affect the validity of the other provisions of this Resolution.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 103 of 267
City of East Wenatchee Resolution 2021-25 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1). Page 3 of 3
9. Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2021.
The City of East Wenatchee, Washington By _________________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Maria Holman, City Clerk Approved as to form only: ___________________________ Robert R. Siderius, City Attorney
Filed with the City Clerk: Passed by the City Council: Effective Date:
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 104 of 267
Return Document to:Douglas County TLS
140 19th St.N.W.
East Wenatchee,WA 98802
Document Title:Interlocal Cooperation Agreement
Grantor:Douglas County
Grantee:Douglas County,City of East Wenatchee,Chelan Douglas Regional Port
Authority,Douglas County Public Utility District No.1,East Wenatchee Water
District,Douglas County Sewer District No.1,Washington State University
Agricultural Extension Office,Douglas County Fire District No.2,RiverCom 911
Related Documents:N/A
Legal Description:N/A
Parcel Number(s):N/A
INTERLOCAL COOPERATIVE AGREEMENT
RE:COST SHARING FOR DOUGLAS COUNTY AERIAL PHOTOGRAPHY
This Agreement is made by and between Douglas County,Washington,a
political subdivision of the State of Washington (the “County”),and the City of East
Wenatchee,a Washington municipal corporation,Chelan Douglas Regional Port
Authority,a Washington municipal corporation, Douglas County Public Utility District No.
1,a Washington municipal corporation,East Wenatchee Water District,a Washington
municipal corporation,Douglas County Sewer District No.1,a Washington municipal
corporation,and the Washington State University Agricultural Extension Office for
Douglas County,Douglas County Fire District 2,a Washington municipal corporation,
RiverCom 911,a multi-jurisdictional Public Safety Answering Point (PSAP)(the
“Contributing Parties”).
WHEREAS,the County is a political subdivision of the State of Washington
organized and existing under the Washington State Constitution and the laws of the State
of Washington, particularly those set forth at RCW Title 36;
WHEREAS,the County and the Contributing Parties will individually and mutually
benefit from the creation of up-to-date orthographic and oblique aerial photographs of
Douglas County,together with associated databases and software;
WHEREAS,the County and the Contributing Parties enter into this interlocal
cooperative agreement under the authority of RCW Chapter 39.34;
NOW,THEREFORE,in consideration of the premises and promises, terms and
conditions set forth below,it is hereby agreed as follows:
1.Purpose.The purpose of this Agreement is to set forth the terms and
conditions under which the County and the Contributing Parties will share the cost of
obtaining orthographic and oblique aerial photographs of Douglas County,together with
associated databases and software.
INTERLOCAL AGREEMENT FOR AERIAL PHOTOGRAPHY COST SHARING (08252021)-1
Exhibit A
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 105 of 267
2.County Contract.The County shall contract for orthographic and oblique aerial
photographs of Douglas County,together with associated databases and software. The
contract shall provide for the following minimum deliverables:
a.Two (2)aerial photography flights of the entire county prior to 2026;
b. 9 inch orthographic and oblique aerial photographs of the entire county;
c.3 inch orthographic and oblique aerial photographs,and mosaic photographs,for
the greater East Wenatchee,Bridgeport,Bridgeport Bar,Rimrock,and Badger
Mountain areas,together with the shoreline of the Columbia River from Trinidad
north to the Bridgeport Bar;and
d.Associated software and databases for viewing and measurement of
distances/areas on delivered photographs using GIS software.
3.Cost Sharing.The total estimated cost of the first aerial photography flight of
the entire county, with associated software and databases,is $255,668.00 w/o taxes,
payable in three annual payments of $85,222.67 w/o taxes. The total estimated cost of
the second aerial photography flight of the entire county,with associated software and
databases,~is $267,440.00 w/o taxes,payable in three annual payments of $89,146.67
w/o taxes.The County has not yet entered into a contract.These prices are estimates
only and actual costs may be more or less than these estimates.The County and the
Contributing Parties agree to share the costs incurred for orthographic and oblique aerial
photographs,together with associated databases and software,on the following basis:
FLIGHT I -ESTIMATED ANNUAL PAYMENTS
Agency Contribution
WSU Agriculture Extension Office $2,000.00
Douglas County Fire District No.2 $2,000.00
RiverCom 91 1 $2,000.00
City of East Wenatchee $3,689.49
East Wenatchee Water District $3,689.49
East Wenatchee Sewer District No.1 $3,689.49
Douglas County PUD $10,265.41
Chelan Douglas Regional Port Authority $10,265.41
Douglas County
Assessor $10,265.41
Transportation $6,561.71
Land Services $10,265.41
Elections $10,265.41
Sheriff $10,265.41
Total Cost per Year:$85,222.67
The actual cost of obtaining the first aerial photography flight of the entire county,with
associated software and databases,shall be paid by the County and the Contributing
Parties in years one,two and three in proportion to the above contributions.The costs of
the second aerial photography flight of the entire county, with associated software and
INTERLOCAL AGREEMENT FOR AERIAL PHOTOGRAPHY COST SHARING (08252021)-2
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 106 of 267
databases,shall be paid by the County and the Contributing Parties in years four,five
and six in proportion to the contributions for years one,two and three.
Each Contributing Party shall,within thirty (30)days after receipt of an invoice from the
County, pay to the County its share of the billings received from the County’s provider.
Interest shall accrue after thirty (30)days at the rate of twelve percent (12%)per annum.
4.Duration.This Agreement shall become effective when signed by the
legislative authorities or other authorized officials of the parties and filed pursuant to RCW
39.34.040,and shall terminate when the parties have fully complied with the terms of
paragraphs 2 and 3 of this Agreement.This Agreement may be terminated prior to
completion only upon the unanimous written agreement of the parties.
5.Time.Time is of the essence of this Agreement.
6.Waiver Limited.A waiver of any term or condition of this Agreement must be
in writing and signed by the waiving party or parties.Any express or implied waiver of a
term or condition of this Agreement shall apply only to the specific act,occurrence or
omission and shall not constitute a waiver as to any other term or condition or future act,
occurrence or omission.
7.Attorney’s Fees.If any legal action or other proceeding is brought for the
enforcement of this Agreement,or because of an alleged dispute,breach,default,or
misrepresentation in connection with any of the provisions of this Agreement,each party
shall pay its own attorney’s fees and other costs incurred in that action,arbitration or
proceeding.
8.Governing Law and Venue.This Agreement shall be governed exclusively by
the laws of the State of Washington.The Douglas County Superior Court shall be the
sole proper venue for any and all suits brought to enforce or interpret the provisions of
this Agreement.
9.Assignment.No party may assign its rights or delegate its duties under this
Agreement,whether by assignment,further,subcontract or other means.Any such
attempted assignment or delegation shall be void and shall constitute a material breach
of this Agreement.
10.Entire Agreement.This Agreement constitutes the entire agreement
between the parties.There are no understandings or agreements between parties other
than those set forth in this Agreement.No other statement,representation or promise
has been made to induce any party to enter into this Agreement.
11.Modification.This Agreement may not be amended,supplemented or
otherwise modified unless expressly set forth in a written agreement signed by the parties
and adopted by resolution of each parties’legislative authority or other authorized official.
12.Invalid Provisions.The invalidity or unenforceability of any particular term or
provision of this Agreement shall not affect the validity or enforceability of any other term or
INTERLOCAL AGREEMENT FOR AERIAL PHOTOGRAPHY COST SHARING (08252021)-3
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 107 of 267
provision and this Agreement shall be construed in all respects as if such invalid or
unenforceable term or provision was omitted.
13.Filing and State Approval.Pursuant to RCW 39.34.040,this Agreement shall
be filed with the Douglas County Auditor and the Secretary of the legislative authority or
governing body for each party.
////‘
/
/;-~,/‘~
-mb “~Vic,~1Ch
Date:q L;L1~;---.
DOUGLAS COUNTY,WASHINGTON
BOARD OF COUNTY COMMISSIONERS
rc Straub,Chair
KyS
ATTEST:
/
Da~Sutton’,’~~
iana Rowland, Clerk of the Board
INTERLOCAL AGREEMENT FOR AERIAL PHOTOGRAPHY COST SHARING (08252021)-4
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 108 of 267
Date:___________________CITY OF EAST WENATCHEE
By:____________________________
Jerrilea Crawford, Mayor
ATTEST:
Maria Holman,City Clerk
Date:__________________CHELAN DOUGLAS REGIONAL
PORT AUTHORITY
Jim Kuntz,CEO
ATTEST:
Cami Harris,Executive Assistant
INTERLOCAL AGREEMENT FOR AERIAL PHOTOGRAPHY COST SHARING (08252021)-5
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 109 of 267
Date:___________________PUD NO.I OF DOUGLAS COUNTY
BOARD OF COMMISSIONERS
Chair
Vice-Chair
Commissioner
ATTEST:
Clerk of the Board
Date:___________________EAST WENATCHEE WATER DISTRICT
BOARD OF COMMISSIONERS
Vince Johnston, General Manager
INTERLOCAL AGREEMENT FOR AERIAL PHOTOGRAPHY COST SHARING (08252021)-6
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 110 of 267
Date:__________________DOUGLAS COUNTY SEWER DISTRICT NO.1
Cheryl,Sutton,Board President
ATTEST:
Bernita Landers,District Manager
Date:___________________WSU AGRICULTURAL EXTENSION
By:____________________________
Margaret Viebrock,Douglas County Director
Date:___________________DOUGLAS COUNTY FIRE DISTRICT NO.2
By:___________________________
Brian Brett, Fire Chief
INTERLOCAL AGREEMENT FOR AERIAL PHOTOGRAPHY COST SHARING (08252021)-7
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 111 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Sean Lewis, Deputy Prosecutor
Subject: Resolution 2021-28 - Authorizing the Mayor to execute an
Amended and restated Interlocal Agreement Between the City of East
Wenatchee and Chelan County for juvenile detention services
changing the bed day rate and establishing an effective date.
Date: November 2, 2021
I.Summary Title: A Resolution of the City of East Wenatchee,
Washington Authorizing the Mayor to execute an Amended and restated
Interlocal Agreement between the City of East Wenatchee and Chelan
County for juvenile detention services changing the bed day rate and
establishing an effective date.
II.Background/History: The City of East Wenatchee contracts for the
providing of juvenile detention services with Chelan County through an
Interlocal agreement made effective January 1, 2010. That agreement
has a bed day rate of $120.
The proposed amendment will change the bed day rate from $120 to
$125 per day.
III.Recommended Action: Motion to approve Resolution 2021-28 as
presented.
IV.Exhibits:
• 2022 Chelan County Interlocal Agreement for Juvenile Detention Services.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 112 of 267
City of East Wenatchee Resolution 2021-28, Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2021-28 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement Between the City of East Wenatchee and Chelan County for juvenile detention services changing the bed day rate and establishing an effective date.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute an Interlocal Agreement that conforms to the language set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
5. Publication. The City Council directs the City Clerk to publish a copy of the Interlocal Agreement on the City’s website once it is signed by all parties.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 113 of 267
City of East Wenatchee Resolution 2021-28, Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2
6. Recording. The City Council directs the City Clerk to record the original, fully executed Interlocal Agreement with the Douglas County Auditor.
7. Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 2nd day of November 2021.
The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Maria Holman, City Clerk Approved as to form only: ___________________________ Robert Siderius, City Attorney Filed with the City Clerk: 10/28/2021 Passed by the City Council: 11/2/2021 Effective Date: 11/2/2021
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 114 of 267
EXHIBIT A
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 115 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 116 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 117 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 118 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 119 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 120 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From/Presenter: Curtis Lillquist, AICP, Planning Manager
Subject: Resolution 2021-29.
Date: October 27, 2021
I. Summary Title: A Resolution of the City of East Wenatchee,
Washington authorizing the Mayor of offer an experienced candidate
for a city employment position a monetary signing bonus not to
exceed $5,000.00 and/or a leave bank signing bonus not to exceed
40 hours vacation leave and/or 20 hours sick leave.
II. Background/History: The city is facing increasing competition in
hiring experienced candidates for city positions. With the City’s small
workforce, we cannot absorb a vacant position for an extended period
of time without placing increased strain on operations.
Signing bonuses are becoming a common incentive to attract
experienced, highly qualified applicants in both the public and private
sectors. In order to attract desired applicants and continue providing
our current levels of service, the city needs the flexibility to offer a
candidate for a position requiring experience an incentive to choose
East Wenatchee over competing municipalities.
This resolution is written to expire December 31, 2022.
III.Recommended Action: Staff recommends that City Council approve
this resolution as presented.
IV. Exhibits
1.Resolution 2021-29
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
Up to $5,000 $ 0 Up to $5,000
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 121 of 267
City of East Wenatchee Resolution 2021-29 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 3
City of East Wenatchee, Washington
Resolution No. 2021-29
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to offer an experienced candidate for a city employment position a monetary signing bonus not to exceed $5,000.00 and/or a leave bank signing bonus not to exceed 40 hours vacation leave and/or 20 hours sick leave. Effective through 12/31/2022.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
3. Recitals.
3.1. The City is facing increasing competition in hiring. This competition comes from all levels of government agencies and the overall labor market.
3.2. Due to the small size of the City’s workforce a vacant position places increased strain on existing operations. Therefore, it is critical to hire highly qualified personnel as soon as possible in order to maintain the level of service the City provides to its citizens.
3.3. Signing bonuses are becoming a common incentive to attract experienced, highly qualified candidates in both the public and private sectors.
3.4. The City of East Wenatchee wishes to attract experienced, highly qualified applicants.
3.5. To attract desired applicants, the City needs the flexibility to offer a candidate for a position requiring experience an incentive to choose East Wenatchee over competing municipalities.
3.6. Given the factors set forth above, it is in the best interests of the City to allow the Mayor the discretion to offer a signing bonus to an experienced candidate for city employment.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 122 of 267
City of East Wenatchee Resolution 2021-29 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 3
4. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
5. Authorization to Offer a Monetary Signing Bonus. The City Council authorizes the Mayor to offer an experienced candidate for a city employment position a signing bonus of up to $5,000.00.
6. Authorization to Offer a Leave Bank Signing Bonus. The City Council authorizes the Mayor to offer an experienced candidate for a city employment position a signing bonus of up to 40 hours of vacation time and/or up to 20 hours of sick time. The vacation time and/or sick time bonus shall accrue over the first five months of employment, with equal monthly accruals based on the bonus provided.
7. Repayment. The Signing Bonus Agreement must include a clause that requires the candidate to repay the monetary signing bonus if he or she does not complete at least two years (24 months) of service with the City of East Wenatchee. The repayment obligation shall be pro-rated based on the two-year commitment.
8. Duration. This resolution is effective through December 31, 2022.
9. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 123 of 267
City of East Wenatchee Resolution 2021-29 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 3 of 3
10. Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
2nd day of November 2021.
The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Maria Holman, City Clerk Approved as to form only: ____________________________ Robert R. Siderius, City Attorney Filed with the City Clerk: 10/27/2021 Passed by the City Council 11/2/2021 Effective Date: 11/2/2021
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 124 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor Crawford and City Council
From/Presenter: Ike Lasswell, Information Systems Director
Subject: Resolution 2021-30, declaring office equipment to include used
computer monitors that are no longer usable and owned by the City as
surplus to the needs of the City.
Date: 11/2/2021
I. Summary Title: Resolution 2021-30, declaring office equipment to include used computer
monitors that are no longer usable and owned by the City as surplus to the needs of the City.
II. Background/History: The City of East Wenatchee surplus equipment or property which is no
longer needed for city purposes.
III. Five used computer monitors that are identified by Exhibit A are no longer needed for city
purposes and have no or negative resale value. Staff recommends transferring the items
identified in Exhibit A to the Office of the Northwest Justice Project, WA a Nonprofit
Corporation as an alternative to disposing of them.
IV. Recommended Action: Motion to approve Resolution 2021-30 as presented.
V. Exhibit A: Itemized list to be surplus.
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 125 of 267
City of East Wenatchee, Exhibit A
Resolution 2021-30
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2021-30
A Resolution of the City of East Wenatchee declaring office
equipment to include used computer monitors that are no longer
usable and owned by the City as surplus to the needs of the City.
1.Authority.
a.RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to
define the powers, functions and duties of its officers and
employees.
b.As required by RCW 35A.11.010, the City Council has a
responsibility to dispose of property that has become surplus to
the needs of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE
AS FOLLOWS:
2.Declaration. The City Council declares the assets listed in Exhibit A
as surplus to the City’s needs.
3.Public Hearing. Because the City Council estimates that none of the
assets to be sold exceed $50,000 in value and because it will not
transfer any property to another governmental agency at or below
market value, it will not hold a public hearing.
4.Disposition of Property. The City Council authorizes the Mayor or
his/her designee to dispose of the items identified by Exhibit A by
auction, sale, or transfer to a non-profit or another agency. The Mayor
or his/her designee shall reasonably determine how to maximize the
net return to the City on the sale.
5.Transfer of Property. The items identified by Exhibit A are
approved for transfer to the Office of the Northwest Justice Project,
WA, Nonprofit Corporation. The items listed on Exhibit A have no or
negative resale value.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 126 of 267
City of East Wenatchee, Exhibit A
Resolution 2021-30
Page 2 of 2
6. Conflict of Interest. The City Council declares that it is a conflict-
of-interest for a member of the City Council, the Mayor, or a city
employee to purchase surplus property of the City.
7. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
8. Effective Date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof
on this 2nd day of November 2021.
CITY OF EAST WENATCHEE,
WASHINGTON
By _________________________________
Jerrilea Crawford, Mayor
ATTEST:
___________________________
Maria Holman, City Clerk
Approved as to form only:
___________________________
Robert Siderius, City Attorney
Filed with the City Clerk: 10/27/2021
Passed by the City Council: 11/2/2021
Effective Date: 11/2/2021
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 127 of 267
EXHIBIT A
Model Serial Number
1 Dell 1905FP CN0T6116716185BCBC7E
2 Dell 1905FP CN0T6116716185BCBC7Q
3 Dell 1905FP CN0T6116716185BCBCEX
4 Dell 1905FP CN0T6116716185BCBCNL
5 Dell 1905FP CN0T6116716185BCBCNG
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 128 of 267
CITY OF EAST WENATCHEE
CITY COUNCIL MEMO
To:
From:
Date:
City Council and Mayor Crawford
Police Chief Rick Johnson
Thursday, November 2, 2021
Subject: Labor Agreement with Police Clerical Employees
Summary Title: A Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to sign the LABOR AGREEMENT By & Between CITY OF
EAST WENATCHEE, WASHINGTON And TEAMSTERS LOCAL
UNION NO. 760, Teamsters Food Processing Employees, Public
Employees, Warehousemen and Helpers, Representing Police Clerical Employees.
Background/History: The City’s current Labor Agreement with Law Enforcement
Officers expires at the end of this year. The parties have tentatively agreed to the terms
of the Agreement attached to Resolution 2021-33. The proposed Agreement is for four
years and guarantees a pay increase of 3.5% during each year of the Agreement.
Recommended Action: Motion to enact Resolution 2021-33.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 129 of 267
City of East Wenatchee Resolution 2021-33 with Exhibit A Page 1 of 2
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
City of East Wenatchee, Washington
Resolution No. 2021-33
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to sign the LABOR AGREEMENT By & Between CITY OF
EAST WENATCHEE, WASHINGTON And TEAMSTERS LOCAL
UNION NO. 760, Teamsters Food Processing Employees, Public
Employees, Warehousemen and Helpers, Representing East
Wenatchee Police Clerical Employees.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en
voz alta, etc.), póngase en contacto con el vendedor de la ciudad al
alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711
(TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read
aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711
(TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
organize and regulate its internal affairs and to define the powers,
functions and duties of its officers and employees.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 130 of 267
City of East Wenatchee Resolution 2021-33 with Exhibit A Page 2 of 2
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE
AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute a
Labor Agreement that conforms to the language set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration shall
not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof
on this 2nd day of November 2021.
The City of East Wenatchee,
Washington
By _________________________________
Jerrilea A. Crawford, Mayor
Attest:
___________________________
Maria Holman, City Clerk
Approved as to form only:
___________________________
Robert Siderius, City Attorney
Filed with the City Clerk: 10/27/2021
Passed by the City Council: 11/2/2021
Effective Date: 11/2/2021
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 131 of 267
EXHIBIT A11/2/2021 COUNCIL MEETING AGENDA PACKET Page 132 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 133 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 134 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 135 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 136 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 137 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 138 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 139 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 140 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 141 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 142 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 143 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 144 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 145 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 146 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 147 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 148 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 149 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 150 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 151 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 152 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 153 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 154 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 155 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 156 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 157 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 158 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET Page 159 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: WSDOT Local Agency Agreement for Grant Road & Highline
Drive Intersection Improvements
Date: November 2, 2021
I. Summary Title: Local Agency Agreement between the City of East Wenatchee (City) and the
Washington State Department of Transportation (WSDOT) to obligate design funding for
the Portland Cement Concrete Pavement (PCCP) intersection rehabilitation at Grant Road
and Highline Drive.
II. Background/History: In 2012 WSDOT overlaid Grant Road with 2 inches of Hot Mix Asphalt
(HMA) as a regular maintenance measure to extend the functional life of the road. This
treatment normally is sufficient for 10-15 years before another major maintenance activity
is needed. However, in 2017 severe shoving and rutting was observed in the eastbound
approach lanes to the intersection of Grant Road and Highline Drive. Various treatments
were considered, but the section was determined to have an inad equate structure, which
made many of the repair options infeasible.
The combination of the grade of the road, high truck volumes, and summer temperatures
have caused issues at this intersection in the past. The City and WSDOT have tried various
stiffer asphalt mixtures with little success. The best long-term solution to prevent another
short-term pavement failure is to install concrete. The estimated life of a concrete
intersection is at least 50 years.
The City applied for and received a grant from the National Highway Systems to fully fund
this project. Between design and construction funds the City has been awarded $1,303,000.
The funds will be administered through WSDOT Local Programs. The first step of this project
is to execute an interlocal agreement with WSDOT to obligate funds for the design phase.
This project is expected to be constructed in 2023.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 160 of 267
III. Recommended Action: Authorize the Mayor to execute a WSDOT Local Agency Agreement
to obligate design funding for the Grant Road and Highline Drive intersection rehabilitation.
IV. Exhibits: 1. Project Prospectus;
Financial Data:
Expenditure Required
Design Phase
Amount Budgeted
2021: $0
Appropriation Required
$109,000 2022: $109,000 No
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 161 of 267
Grant Road and Highline Drive Roadway Rehabilitation
City of East Wenatchee
X
X
X
N/A
X
X
X
L
L
N/A
L
L
N/A
N/A
L
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
L
L
L
L
X
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 162 of 267
10/4/2021
018981480
2021-05 91-6009051
City of East Wenatchee
Grant Road and Highline Drive Rehabilitation
47.40595
47.40596
-120.28326
-120.28011
300' W of Grant/Highline300' E of Grant/Highline East Wenatchee 98802-5459
NA NA .11 Miles
5908 NA NA 0350 09 Douglas
North Central Region 12 8 13
$109,000 $0 $109,000 01/2022
NA NA NA NA
$1,194,000 $0 $1,194,000 03/2023
$1,303,000 $0 $1,303,000
53-67'4 Lanes and a TWLTL
The Grant Road/Highline Drive intersection has 4 lanes on Grant Road and varying shoulder widths. Highline
Drive has 4 lanes, and 2 bike lanes. Approach lanes on Grant Road are showing significant asphalt shoving.
Improve the roadway structure at the intersection of Grant Road and Highline Drive by replacing the existing
hot mix asphalt (HMA) pavement with Portland Cement Concrete Pavement (PCCP). The HMA to PCCP
conversion project includes a portion of the east and westbound approach lanes and stormwater modifications
Garren Melton Public Works Manager 509-423-5212
271 9th St NE East Wenatchee WA 98802
Mayor
NHPP 5908
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 163 of 267
City of East Wenatchee Grant Road and Highline Drive Rehabilitation 10/4/2021
453-67'
30
30
20,000
33,000
2073
3,300
Consultant/Agency 95 5
Contractor 100 0
30
30
11,000
18,100
2073
1,810
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 164 of 267
City of East Wenatchee Grant Road and Highline Drive Rehabilitation 10/4/2021
Drainage modifications may be necessary. Utility structures will be adjusted to final pavement grade.
East Wenatchee Water District, Douglas County Sewer District, and Greater Wenatchee Irrigation District
will evaluate their infrastructure for possible upgrades ahead of placing concrete intersection.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 165 of 267
Project Limit StartProjectLimitEndSeg 1Seg 247.40595, -120.2832647.40596, -120.2801111/2/2021 COUNCIL MEETING AGENDA PACKET
Page 166 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 167 of 267
109,000.00 0.00 109,000.00
0.00 0.00 0.00
0.00 0.00 0.00
109,000.00 0.00 109,000.00
N/A
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 168 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 169 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 170 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 171 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 172 of 267
Instructions
1.Agency Name and Billing Address – Enter the Agency of primary interest which will
become a party to the agreement.
2.Project Number – Leave blank. This number will be assigned by WSDOT.
3.Agreement Number – Leave blank. This number will be assigned by WSDOT.
4.
a.Project Description – Enter the project name, total length of the project (in miles),
and a brief description of the termini. Data entered here must be consistent with the
name, length, and termini noted in the STIP and Project Prospectus
Example: (Name) “Regal Road”, (Length) “1.2 miles”, (Termini) “Smith Road to
Main Street”
b.Description of Work – Enter a concise statement of the major items of work to be
performed. Statement must be consistent with the description of work noted in the
STIP and Project Prospectus.
Example: “Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and
traffic signal at the intersection of Regal Road and Dakota Avenue.”
c.Project Agreement End Date – Enter your Project Agreement End Date. This date
is based on your projects Period of Performance (2 CFR 200.309).
For Planning Only projects – WSDOT recommends agencies estimate the end of the
project’s period of performance and add three years to determine the “Project
Agreement End Date”.
For PE and RW – WSDOT recommends agencies estimate when the phase will be
completed and add three years to determine the “Project Agreement End Date”.
For Construction – WSDOT recommends agencies estimate when construction will
be completed and add three years to determine the “Project Agreement End Date”.
d.Proposed Advertisement Date – At construction authorization only, enter the
proposed project advertisement date.
e.Claiming Indirect Cost Rate – Check the Yes box if the agency will be claiming
indirect costs on the project. For those projects claiming indirect costs, supporting
documentation that clearly shows the indirect cost rate being utilized must be
provided with the local agency agreement. Indirect cost rate approval by your
cognizant agency or through your agency’s self-certification and supporting
documentation is required to be available for review by FHWA, WSDOT and /or
State Auditor. Check the No box if the agency will not be claiming indirect costs on
the project. See section 23.5 for additional guidance.
5. Type of Work and Funding (Round all dollar amounts to the nearest whole dollar)
a.PE – Lines a through d show Preliminary Engineering costs for the project by type
of work (e.g., consultant, agency, state services, etc.).
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 173 of 267
*Federal aid participation ratio for PE – enter ratio for PE lines with amounts in
column 3.
Line a – Enter the estimated amount of agency work in columns 1 through 3.
Line b & c – Identify user, consultant, etc., and enter the estimated amounts
in columns 1 through 3.
Line d – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line e – Total of lines a + b + c + d.
b.Right of Way – If a Right of Way phase is authorized on the project, the appropriate
costs are shown in lines f through i.
*Federal aid participation ratio for RW – enter ratio for RW lines with amounts in
column 3.
Line f – Enter the estimated amount of agency work in columns 1 through 3.
Line g & h – Identify user, consultant, etc., and enter the estimated amounts
in columns 1 through 3.
Line i – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line j – Total of lines f + g + h + i.
c.Construction – Lines k through p show construction costs for the project by type of
work (e.g., contract, consultant, agency, state services, etc.).
*Federal aid participation ratio for CN – enter ratio for CN lines with amounts in
column 3.
Line k – Enter the estimated cost of the contract.
Lines l, m, & n – Enter other estimated costs such as utility and construction
contracts or non federally matched contract costs.
Line o – Enter estimated costs of all construction related agency work.
Line p – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line q – Total Construction Cost Estimate. Total of lines k + l + m + n + o +
p.
d.Total Project Cost Estimate
Line r – Total Cost Estimate of the Project. Total of lines e + j + q.
*Please remember, if the federal aid participation rate entered is not the maximum
rate allowed by FHWA, then the participation rate entered becomes the maximum
rate allowed.
6.Signatures – An authorized official of the local agency signs the agreement, and writes in
their title.Note: Do NOT enter a date on the Date Executed line.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 174 of 267
7.Method of Construction Financing – Choose the method of financing for the construction
portion of the project.
a.Method “A” is used when the state administers the contract for the agency.
b.Method “B” is also used when the state administers the contract for the agency.
c.Method “C” is used with projects administered by the local agency. The agency will
submit billings monthly through the state to FHWA for all eligible costs. The
billings must document the payment requests from the contractor. If state-force
work, such as audit and construction engineering, is to receive federal participation,
it will be billed to the agency and FHWA simultaneously at the indicated ratio. To
show continuous progress agencies should bill monthly until agreement is closed.
8.Resolutions/Ordinances – When someone other than the County Executive/Chairman,
County Commissioners/Mayor is authorized to sign the agreement, the agency must submit
to WSDOT with the agreement a copy of the Resolution/Ordinance designating that
individual.
9.Parties to the Agreement – Submit one originally signed agreement form to the Region
Local Programs Engineer. It is the responsibility of the local agency to submit an additional,
originally signed agreement form if they need an executed agreement for their files. The
agreement is first executed by the agency official(s) authorized to enter into the agreement.
It is then transmitted to the state for execution by Local Programs. The agreement is dated at
the time of final execution by Local Programs.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 175 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 176 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 177 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: WSDOT Local Agency Agreement for Grant Road Preservation
Date: November 2, 2021
I. Summary Title: Local Agency Agreement between the City of East Wenatchee (City) and the
Washington State Department of Transportation (WSDOT) to obligate design funding for
the Grant Road Preservation project.
II. Background/History: In 2012 WSDOT overlaid Grant Road with 2 inches of Hot Mix Asphalt
(HMA) as a regular maintenance measure to extend the functional life of the road. This
treatment is sufficient for 10-15 years before another major maintenance activity is needed.
Based on pavement inspections from 2019, Grant Road is in an ideal condition for another
overlay treatment. In addition to extending the life of Grant Road, this project will also
upgrade eight (8) non-compliant ADA ramps.
The City applied for and received a grant from the National Highway Systems to fully fund
this project. Between design and construction funds the City has been awarded $1,543,000 .
The funds will be administered through WSDOT Local Programs. The first step of this project
is to execute an interlocal agreement with WSDOT to obligate funds for the design phase.
This project is expected to be constructed in 2023.
III. Recommended Action: Authorize the Mayor to execute a WSDOT Local Agency Agreement
to obligate design funding for the Grant Road Preservation.
IV. Exhibits: 1. Project Prospectus;
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 178 of 267
Financial Data:
Expenditure Required
Design Phase
Amount Budgeted
2021: $0
Appropriation Required
$129,000 2022: $129,000 No
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 179 of 267
perlatlon Prospectus Submittal Checklist
Agency:
Project Title:
Use this sheet as a cover sheet to the project prospectus package. Place an “X” in the right column to denote
items included.
If not applicable, state N/A. Include in the cover letter a comment explaining the action taken on each item
as appropriate.
Note later with an “L” if the information will be supplied at a future date.
Application
1. Authorization Package Checklist (Appendix 21.43)
2. Project Prospectus (Chapter 21)
3. Vicinity Map
4. Typical Roadway or Pathway Section
5. Typical Bridge Section
6. Local Agency Agreement (Chapter 22)
7. Documented Cost Estimate (Chapter 22)
8. TIP/STIP Inclusion (MPO/County/Agency, selected/limited to $)
Supporting Data
9. Local Agency Design Matrix Checklist (Appendix 42.101)
10. Photos (Railroad Crossing, ER event sites, as required)
11. Deviation Analysis Format (Appendix 41.51)
12. Environmental Considerations (Chapter 24)
a. Class II Categorically Excluded (CE) - Environmental Classification Summary (ECS)
b. Class III Environmental Assessment (EA)
c. Class I Environmental Impact Statement (EIS)
d. SEPA Checklist
e. NEPA/SEPA/Section 404 Interagency Working Agreement
f. Evolutionarily Significant Unit (ESU) Determination of Effect Concurrence
g. Value Engineering Study (where applicable)
13. Right of Way Requirements (Chapter 25)
a. Relocation Plan
b. Approved Right of Way Plans
c. Right of Way Project Funding Estimate or True Cost Estimate
d. Request Right of Way Fund Authorization
14. Right of Way Certification (Appendix 25.179)
15. Agreements/Easements with Railroads, Utilities, and Other Agencies (Chapter 32 and 25)
16. Design Approval (Chapter 43)
17. Tied Bids (Chapter 44)
18. Nondiscrimination Agreement (Submit new agreement if outdated)
Remarks:
DOT Form 140-553
Revised 5/2017
Grant Road Preservation
City of East Wenatchee
X
X
X
N/A
X
X
X
L
L
N/A
L
L
N/A
N/A
L
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
L
L
L
L
X
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 180 of 267
Local Agency Federal AidProject Prospectus
Prefix Route ( )
Federal Aid
Project Number
Local Agency
Project Number WSDOT Use Only
Date
DUNS Number
Federal Employer
Tax ID Number
Agency CA Agency
Yes No
Federal Program Title
20.205 Other
Project Title Start Latitude N
End Latitude N
Start Longitude W
End Longitude W
Project Termini From-To Nearest City Name Project Zip Code (+4)
Begin Mile Post End Mile Post Length of Project Award Type
Local Local Forces State Railroad
Route ID Begin Mile Point End Mile Point City Number County Number County Name
WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number
Phase Total
Estimated Cost (Nearest Hundred Dollar)
Local Agency
Funding (Nearest Hundred Dollar)
Federal Funds
(Nearest Hundred Dollar)
Phase Start
Date Month Year
P.E.
R/W
Const.
Total
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width Number of Lanes
Description of Proposed Work
Description of Proposed Work (Attach additional sheet(s) if necessary)
Local Agency Contact Person Title Phone
Mailing Address City State Zip Code
Project Prospectus
By
Approving Authority
Title Date
DOT Form 140-101
Revised 04/2015 Previous Editions Obsolete
( )
Page 1
10/13/2021
018981480
2021-06 91-6009051
City of East Wenatchee
Grant Road Preservation
47.40592
47.40581
-120.27716
-120.26032
S Grover Ave N Kentucky Ave East Wenatchee 98802-5245
NA NA .78 Miles
5908 NA NA 0350 09 Douglas
North Central Region 12 8 13
$129,000 NA $129,000 01/2022
NA NA NA
$1,414,000 NA $1,414,000 03/2023
$1,543,000 NA $1,543,000
57'4
Grant Road has four travel lanes and either a center turn lane, or two 8' parking lanes. The pavement is
showing significant signs of wear with PCIs ranging from 34 to 66.
Improve the roadway surface of Grant Road within project limits by grinding and overlaying the existing Hot
Mix Asphalt (HMA) pavement. The project includes repair and upgrading existing curb ramps to be ADA
compliant.
Garren Melton Public Works Manager 509-423-5212
271 9th St NE East Wenatchee WA 98802
Mayor
NHPP 5908
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 181 of 267
Agency Project Title Date
Type of Proposed Work
Project Type (Check all that Apply)
New Construction
Reconstruction
Railroad
Bridge
Path / Trail
Pedestrian / Facilities
Parking
3-R
2-R
Other
Roadway Width Number of Lanes
Geometric Design Data
Description
Federal
Functional
Classification
Terrain
Posted Speed
Design Speed
Existing ADT
Design Year ADT
Design Year
Design Hourly Volume (DHV)
Through Route
Urban
Rural
NHS
Principal Arterial
Minor Arterial
Collector
Major Collector
Minor Collector
Local Access
Flat Roll Mountain
Crossroad
Urban
Rural
NHS
Principal Arterial
Minor Arterial
Collector
Major Collector
Minor Collector
Local Access
Flat Roll Mountain
Performance of Work
Preliminary Engineering Will Be Performed By Others
%
Agency
%
Construction Will Be Performed By Contract
%
Agency
%
Environmental Classification
Class I - Environmental Impact Statement (EIS)
Project Involves NEPA/SEPA Section 404
Interagency Agreement
Class III - Environmental Assessment (EA)
Project Involves NEPA/SEPA Section 404
Interagency Agreements
Class II - Categorically Excluded (CE)
Projects Requiring Documentation
(Documented CE)
Environmental Considerations
DOT Form 140-101
Revised 04/2015 Previous Editions Obsolete
Page 2
City of East Wenatchee Grant Road Preservation 10/13/2021
457'
30-35
30-35
20,000
33,000
2073
3,300
Consultant/Agency 95 5
Contractor 100 0
25-30
30
Various
Various
2073
Various
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 182 of 267
Agency Project Title Date
Right of Way
No Right of Way Needed
* All construction required by the
contract can be accomplished
within the exiting right of way.
Right of Way Needed
No Relocation Relocation Required
Utilities
No utility work required
All utility work will be completed prior to the startof the construction contract
All utility work will be completed in coordinationwith the construction contract
Railroad
No railroad work required
All railroad work will be completed prior to the start ofthe construction contract
All the railroad work will be completed in coordinationwith the construction contract
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? Yes No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or it’s
designee, and is not inconsistent with the agency’s comprehensive plan for community development.
Agency
ByDate Mayor/Chairperson
DOT Form 140-101
Revised 04/2015 Previous Editions Obsolete Page 3
City of East Wenatchee Grant Road Preservation 10/13/2021
Drainage modifications may be necessary. Utility structures will be adjusted to final pavement grade.
East Wenatchee Water District, Douglas County Sewer District, and Greater Wenatchee Irrigation District
will evaluate their infrastructure for possible upgrades ahead of the overlay.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 183 of 267
Project Limit StartProjectLimitEndSeg 1Seg 2Seg 3Seg 4Seg 5Seg 6Seg 7Seg 8Seg 9Seg 10Seg 1111/2/2021 COUNCIL MEETING AGENDA PACKET
Page 184 of 267
APPROX. S GROVER AVE - N JAMES AVE
TYPICAL SECTION
12.0'
DRIVING LANE
11.0'
DRIVING LANE
11.0'
TWO WAY LEFT
TURN LANE
11.0'
DRIVING LANE
12.0'
DRIVING LANE
MATCH EXISTINGMATCH EXISTING
CL
EXISTING
SIDEWALK
(TYP)
0.17' HMA GRIND AND OVERLAYEXISTING CEMENT CONC.
CURB AND GUTTER (TYP)
EXISTING SUBGRADE
APPROX. N JAMES AVE - N KENTUCKY AVE
TYPICAL SECTION
8.00'
PARKING
10.25'
DRIVING LANE
10.25'
DRIVING LANE
10.25'
DRIVING LANE
10.25'
DRIVING LANE
MATCH EXISTINGMATCH EXISTING
CL
8.00'
PARKING
EXISTING
SIDEWALK
(TYP)
0.17' HMA GRIND AND OVERLAYEXISTING CEMENT CONC.
CURB AND GUTTER (TYP)
EXISTING SUBGRADE
FILE PATH:
PLOT DATE:
TYPICAL SECTIONS
GRANT RD ROADWAY REPAIR10/19/2021
J:\Data\EW\20-0011\09 Minor Service Requests\0902 Funding Application
Support\NHS Funding Applications\CAD\grea-e-sec.dwg
0"1/2"1"
DRAWING IS FULL SCALE WHEN
BAR MEASURES 1"
SCALE:NTS
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 185 of 267
Page 1
Revised 12/2020
Local Agency Agreement
Agency CFDA No. 20.205
(Catalog or Federal Domestic Assistance)
Address Project No.
Agreement No.
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code
Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not
excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the
Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal
Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount
shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Length
Termini
Description of Work
Project Agreement End Date Claiming Indirect Cost Rate
Yes NoProposed Advertisement Date
Type of Work
Estimate of Funding(1)
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated Federal
FundsPE
%a. Agency
b. OtherFederal Aid
Participation
Ratio for PE
c. Other
d. State
e. Total PE Cost Estimate (a+b+c+d)Right of Way
%f. Agency
g. OtherFederal Aid
Participation
Ratio for RW
h. Other
i. State
j. Total R/W Cost Estimate (f+g+h+i)Construction
%k. Contract
l. Other
m. OtherFederal Aid
Participation
Ratio for CN
n. Other
o. Agency
p. State
q. Total CN Cost Estimate (k+l+m+n+o+p)
r. Total Project Cost Estimate (e+j+q)
DOT Form 140-039
Washington State
Department of Transportation
By Director, Local Program
Agency Official
By
Title Date Executed
City of East Wenatchee
271 9th St NE
East Wenatchee, WA 98802
Grant Road Preservation 0.78 Miles
S Grover Ave to N Kentucky Ave
Improve the roadway surface of Grant Road within project limits by grinding and overlaying the existing Hot Mix Asphalt (HMA)
pavement. The project includes repair and upgrading existing curb ramps to be ADA compliant.
12/31/2025
N/A
5,000.00 0.00 5,000.00
Consultant 120,000.00 0.00 120,000.00
4,000.00 0.00 4,000.00
129,000.00 0.00 129,000.00
0.00 0.00 0.00
0.00 0.00 0.00
129,000.00 0.00 129,000.00
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 186 of 267
DOT Form 140-039 Page 2
Revised 12/2020
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of
$ at $ per month for months.
Local Force or Local Ad and Award
Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and
as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions
set forth below. Adopted by official action on
, , Resolution/Ordinance No.
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set
forth in detail in the “Project Description” and “Type of Work.”
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the
services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as
proposed by the Agency and approved by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the
Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On
Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance
with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries
and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of
Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or
Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing
by the State for each classification. The classifications of work for projects are:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal
funds paid to the Agency under the terms of this agreement (see Section IX).
October 25 2016 2016-03
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 187 of 267
DOT Form 140-039 Page 3
Revised 12/2020
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part
200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to
this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see
Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the
amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will
present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency.
Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its
monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact
amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once
per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable
to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be
eligible for Federal participation unless claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the
Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible
federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual
M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and
FHWA; and 2 CFR Part 200.501 - Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess participation (see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources
during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2
CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted
promptly to the State.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 188 of 267
DOT Form 140-039 Page 4
Revised 12/2020
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X. Traffic Control, Signing, Marking, and Roadway Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,
signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency
will, at its own expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the
Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local
Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government
which does not participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction
contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the
Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the
following actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 189 of 267
DOT Form 140-039 Page 5
Revised 12/2020
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in
part, whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
(4) The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5) The Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the
Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
XVII. Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act (ADA).
Additional Provisions
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 190 of 267
Instructions
1.Agency Name and Billing Address – Enter the Agency of primary interest which will
become a party to the agreement.
2.Project Number – Leave blank. This number will be assigned by WSDOT.
3.Agreement Number – Leave blank. This number will be assigned by WSDOT.
4.
a.Project Description – Enter the project name, total length of the project (in miles),
and a brief description of the termini. Data entered here must be consistent with the
name, length, and termini noted in the STIP and Project Prospectus
Example: (Name) “Regal Road”, (Length) “1.2 miles”, (Termini) “Smith Road to
Main Street”
b.Description of Work – Enter a concise statement of the major items of work to be
performed. Statement must be consistent with the description of work noted in the
STIP and Project Prospectus.
Example: “Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and
traffic signal at the intersection of Regal Road and Dakota Avenue.”
c.Project Agreement End Date – Enter your Project Agreement End Date. This date
is based on your projects Period of Performance (2 CFR 200.309).
For Planning Only projects – WSDOT recommends agencies estimate the end of the
project’s period of performance and add three years to determine the “Project
Agreement End Date”.
For PE and RW – WSDOT recommends agencies estimate when the phase will be
completed and add three years to determine the “Project Agreement End Date”.
For Construction – WSDOT recommends agencies estimate when construction will
be completed and add three years to determine the “Project Agreement End Date”.
d.Proposed Advertisement Date – At construction authorization only, enter the
proposed project advertisement date.
e.Claiming Indirect Cost Rate – Check the Yes box if the agency will be claiming
indirect costs on the project. For those projects claiming indirect costs, supporting
documentation that clearly shows the indirect cost rate being utilized must be
provided with the local agency agreement. Indirect cost rate approval by your
cognizant agency or through your agency’s self-certification and supporting
documentation is required to be available for review by FHWA, WSDOT and /or
State Auditor. Check the No box if the agency will not be claiming indirect costs on
the project. See section 23.5 for additional guidance.
5.Type of Work and Funding (Round all dollar amounts to the nearest whole dollar)
a.PE – Lines a through d show Preliminary Engineering costs for the project by type
of work (e.g., consultant, agency, state services, etc.).
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 191 of 267
*Federal aid participation ratio for PE – enter ratio for PE lines with amounts in
column 3.
Line a – Enter the estimated amount of agency work in columns 1 through 3.
Line b & c – Identify user, consultant, etc., and enter the estimated amounts
in columns 1 through 3.
Line d – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line e – Total of lines a + b + c + d.
b.Right of Way – If a Right of Way phase is authorized on the project, the appropriate
costs are shown in lines f through i.
*Federal aid participation ratio for RW – enter ratio for RW lines with amounts in
column 3.
Line f – Enter the estimated amount of agency work in columns 1 through 3.
Line g & h – Identify user, consultant, etc., and enter the estimated amounts
in columns 1 through 3.
Line i – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line j – Total of lines f + g + h + i.
c.Construction – Lines k through p show construction costs for the project by type of
work (e.g., contract, consultant, agency, state services, etc.).
*Federal aid participation ratio for CN – enter ratio for CN lines with amounts in
column 3.
Line k – Enter the estimated cost of the contract.
Lines l, m, & n – Enter other estimated costs such as utility and construction
contracts or non‑federally matched contract costs.
Line o – Enter estimated costs of all construction related agency work.
Line p – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line q – Total Construction Cost Estimate. Total of lines k + l + m + n + o +
p.
d.Total Project Cost Estimate
Line r – Total Cost Estimate of the Project. Total of lines e + j + q.
*Please remember, if the federal aid participation rate entered is not the maximum
rate allowed by FHWA, then the participation rate entered becomes the maximum
rate allowed.
6.Signatures – An authorized official of the local agency signs the agreement, and writes in
their title. Note: Do NOT enter a date on the Date Executed line.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 192 of 267
7.Method of Construction Financing – Choose the method of financing for the construction
portion of the project.
a.Method “A” is used when the state administers the contract for the agency.
b.Method “B” is also used when the state administers the contract for the agency.
c.Method “C” is used with projects administered by the local agency. The agency will
submit billings monthly through the state to FHWA for all eligible costs. The
billings must document the payment requests from the contractor. If state-force
work, such as audit and construction engineering, is to receive federal participation,
it will be billed to the agency and FHWA simultaneously at the indicated ratio. To
show continuous progress agencies should bill monthly until agreement is closed.
8.Resolutions/Ordinances – When someone other than the County Executive/Chairman,
County Commissioners/Mayor is authorized to sign the agreement, the agency must submit
to WSDOT with the agreement a copy of the Resolution/Ordinance designating that
individual.
9.Parties to the Agreement – Submit one originally signed agreement form to the Region
Local Programs Engineer. It is the responsibility of the local agency to submit an additional,
originally signed agreement form if they need an executed agreement for their files. The
agreement is first executed by the agency official(s) authorized to enter into the agreement.
It is then transmitted to the state for execution by Local Programs. The agreement is dated at
the time of final execution by Local Programs.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 193 of 267
Item
Number Unit Item Total
Quantity Unit Cost
Engr. Est.
PREPARATION
1 L.S.MOBILIZATION 1 80,000.00$ 80,000.00$
2 S.Y.PLANNING BITUMINOUS PAVEMENT 27070 5.00$ 135,350.00$
SURFACING/PAVING
3 TON HMA CL. 1/2" PG 64H-28 3620 130.00$ 470,600.00$
4 SF PAVEMENT REPAIR 2700 10.00$ 27,000.00$
EROSION CONTROL AND PLANTING
5 DOL EROSION/WATER POLLUTION CONTROL 5000 1.00$ 5,000.00$
6 EA.INLET PROTECTION 20 150.00$ 3,000.00$
TRAFFIC
7 L.F.PAINTED YIELD SYMBOL 24 50.00$ 1,200.00$
8 S.F.PAINTED CROSSWALK LINE 352 5.00$ 1,760.00$
9 L.F.PAINT LINE 21000 1.00$ 21,000.00$
10 L.F.PAINTED WIDE LANE LINE 300 2.00$ 600.00$
11 EA.PAINTED TRAFFIC ARROW 16 150.00$ 2,400.00$
12 L.S.PERMANENT SIGNING 1 10,000.00$ 10,000.00$
13 L.S.PROJECT TEMPORARY TRAFFIC CONTROL 1 150,000.00$ 150,000.00$
OTHER ITEMS
14 EA.ADA RAMP REPLACEMENT 8 7,500.00$ 60,000.00$
15 EA.UTILITY ADJUSTMENT 40 700.00$ 28,000.00$
16 L.S.SHORING OR EXTRA EXCAVATION CLASS B 1 1,000.00$ 1,000.00$
17 L.S.ROADWAY SURVEYING 1 19,000.00$ 19,000.00$
18 L.S.AS CONSTRUCTED DRAWINGS 1 2,500.00$ 2,500.00$
19 DOL UNKNOWN UTILITY REPAIR 5000 1.00$ 5,000.00$
20 DOL ROADSIDE CLEANUP 5000 1.00$ 5,000.00$
1,028,410.00$
Contingencies (25%)257,102.50$
125,000.00$
132,102.50$
1,542,615.00$
GRANT ROAD OVERLAY - GEORGIA TO KENTUCKY
Construction Total
Project Total
Preliminary Engineering
Construction Engineering
10/19/2021
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 194 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 195 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From/Presenter: Garren Melton, Interim Public Works Manager
Subject: WSDOT Local Agency Agreement Supplement for the Kenroy
Elementary Safe Routes to School Project
Date: November 2, 2021
I. Summary Title: Local Agency Agreement Supplement 3 between the City of East Wenatchee
(City) and the Washington State Department of Transportation (WSDOT) to obligate right of
way funding for the Kenroy Elementary Safe Routes to School (SRTS) Project.
II. Background/History: Kenroy Elementary, located at 5th Street NE and Jonathan Avenue, and
the surrounding schools experience a high number of students walking to and from school. A
need to focus on student pedestrian safety along the 5 th St NE corridor was identified based
on the following. Currently, there are no sidewalks, pedestrian paths, or sufficient roadway
shoulder to accommodate student pedestrians. In addition, according to traffic count data,
the 5th St NE corridor experiences high vehicle speeds.
Based on the abovementioned deficiencies, City staff attempted to apply for a SRTS grant in
2016; however, the project was not selected for funding. City staff restructured the grant
application and reapplied in 2018, this time, successfully securing $1,998,675 in federal SRTS
funds. Due to the federal nature of the grant funds, WSDOT Local Programs must authorize
the release of funding for each phase of the project (Design, Right of Way and Construction).
III. Recommended Action: Authorize the Mayor to execute a WSDOT Local Agency Agreement
Supplement to obligate right of way funding and amend the consultants scope of work for the
Kenroy Elementary Safe Routes to School Project, not to exceed $445,805.34.
IV. Exhibits: 1. Local Agency Agreement Supplement 3
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 196 of 267
Financial Data:
Expenditure Required
Right of Way Phase
Amount Budgeted Appropriation Required
$29,396 (City funds)
$166,576 (Federal funds)
$195,972 (Total)
2021: $105,000
2022: $223,000
No
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 197 of 267
Supplemental Agreement
Number
Organization and Address
Phone:
Original Agreement Number
Project Number Execution Date Completion Date
Project Title New Maximum Amount Payable
Description of Work
The Local Agency of
desires to supplement the agreement entered in to with
and executed on DQGLGHQWL¿HGDV$JUHHPHQW1R
$OOSURYLVLRQVLQWKHEDVLFDJUHHPHQWUHPDLQLQHႇHFWH[FHSWDVH[SUHVVO\PRGL¿HGE\WKLVVXSSOHPHQW
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
II
6HFWLRQ,97,0()25%(*,11,1*$1'&203/(7,21LVDPHQGHGWRFKDQJHWKHQXPEHURIFDOHQGDUGD\V
for completion of the work to read:
III
6HFWLRQ93$<0(17VKDOOEHDPHQGHGDVIROORZV
DVVHWIRUWKLQWKHDWWDFKHG([KLELW$DQGE\WKLVUHIHUHQFHPDGHDSDUWRIWKLVVXSSOHPHQW
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
VSDFHVEHORZDQGUHWXUQWRWKLVRႈFHIRU¿QDODFWLRQ
By: By:
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063
Revised 09/2005
$445,805.34
City of East Wenatchee
KPG, P.S.
March 12, 2020
See Attached Exhibit A, Scope of Work
Contract completion is extended to December 31, 2024
Total through Supplement 2 = $249,833.89 + $195,971.45 (Supp 3) = $445,805.34 New Maximum Payable
3
Fed Aid Number SRTS-5906(001)
KPG, P.S.
23 S Wenatchee Ave., St. 223
Wenatchee, WA 98801
(509)663-2711
KPG #19068A 12/31/2024
Kenroy Elementary Safe Routes to School $445,805.34
Additional effort to provide, additional stormwater design, structural foundation design for illumination
foundations, right of way acquisition, and project management as detailed in Exhibit A, Scope of Work.
Josh Fedora, Project Manager
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 198 of 267
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
Exhibit A
Scope of Work – Supplement No. 3
City of East Wenatchee
Kenroy Elementary Safe Routes to School
Project Number SRTS-5906(001)
KPG Project Number 19068A
October 5, 2021
Introduction and Background
The project as described in the original scope of work has progressed to the 60% design level and
includes the minor project scope changes which have been approved by WSDOT and are defined
in the current WSDOT STIP. The project currently has NEPA CE approval and is ready to progress
to the RW Phase.
x Current design detail provided by the 60% Plans provides the basis scoping for the RW
Phase as defined in Task 6A and Task 6B of this supplemental scope of work.
x Additional stormwater design and coordination work has been identified that is necessary
for completion of the project and is defined in Task 9A of this supplemental scope of work.
x The geotechnical report identified soil properties that do not meet the requirements for
use of WSDOT standard illumination foundations. Task 9B has been added to provide for
structural foundation design.
x The project duration has been extended to target construction in 2023. Additional work
associated with project management for the extended project duration has been defined in
Task 1 of this supplemental scope of work.
The scope of work is supplemented to include the following additional work:
TASK 1 – PROJECT MANAGEMENT
Consultant Responsibilities:
1. Provide an additional 12 months of contract administration and management, including:
billing, accounting, auditing, and monthly progress reports.
2. Provide an additional 12 months of project coordination and management of design
schedule, including internal resource management, subconsultant management, and
prioritization of resources.
3. Facilitate an additional 12 months of client coordination meetings.
Assumptions:
1. Assume an additional 12 months of contract duration.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 199 of 267
Page | 2
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
(NEW) TASK 6A – RIGHT OF WAY ACQUISITION (Subconsultant)
Objective: Tierra Right of Way Services Ltd. will perform acquisition services in accordance with
Federal, State, and local laws, including the Uniform Act, WSDOT Right of Way Manual, Local Agency
Guidelines manual, and Chapter 8.26 RCW.
Subconsultant Responsibilities:
1. Project Kickoff - Facilitate a right of way phase kickoff meeting. Tierra will use WSDOT LAC
FHWA approved templates as indicated in Tierra’s subconsultant scope of work.
2. Title Review - Conduct initial review of title reports to assess potential complications at
closing and potential conflicts from utility encumbrances, etc., that may pose obstacles or
delays to the acquisition closing process.
3. Valuation - Using an appraisal service, finalize a Right of Way Funding Estimate (ROWFE)
and Administrative Offer Summaries (AOS) appraisal reports.
4. Encroachments - Identify any possible encroachments that will need to be addressed prior
to the project being WSDOT Certified. Tierra agents will work the project team and with
property owners to resolve.
5. Negotiations – Tierra agents will perform and oversee property negotiations for up to 17
parcels. The offer package documents will be presented in person if possible. An out-of-
area owner will be contacted by telephone and by certified mail. Tierra will:
x Review parcel maps, title reports, and prepare each file electronically and
physically.
x Prepare 17 document packages for City review, and upon approval, promptly
present document package for the required real property interests.
x Document package will include AOS, conveyance instruments, exhibits, and other
related acquisition documents using WSDOT/City approved forms.
x Tierra will contact the property owners and meet the owner in person to present
and to discuss the project. After the package is presented to each property owner,
Tierra will attempt to make three in-person meetings with a property owner and
five follow up conversations, which will be via email or phone conversation, to
complete negotiations.
x Prepare file for closing.
x Prepare and maintain diaries.
x Prepare and provide status updates bi-weekly or per the request of the City/KPG.
x Upon receipt of signed conveyance documents, Tierra will forward the documents
to the City/KPG.
x Agent QA files for submittal to Project Manager.
6. Project Management – Tierra will:
x Report acquisition status bi-weekly
x Provide project management in coordination with City staff
x Monitor project budget and schedule
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 200 of 267
Page | 3
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
x Oversee Appraisal process, monitor budget and schedule
x QC offer packages prior to submitting to City/KPG for approval
x QC files prior to submittal to the City at completion
x Assist the City with the WSDOT Certification process.
Assumptions:
1. No narrative appraisal reports will be needed, if any are needed, an amendment will be
needed to support a supplemental scope of work.
2. Tierra’s schedule goal will be to have all rights of way acquired within nine (9) months from
the notice to proceed.
3. A maximum of three documented attempts in person and a maximum of five additional
attempts will be over the telephone, via email, and/or mail to successfully acquire each
parcel.
4. Whenever possible, owners residing locally will be presented their offers in person. Tierra
will mail offers to owners located outside of a 50-mile radius from the project area.
5. There are no more than two principal owners of any parcel and that both are
geographically located very near to each other.
6. Any delay in the project or City deliverables, design, or design changes will delay Tierra’s
project schedule.
7. If any additional parcels or work is required that is not identified in this scope of work, an
amendment for supplemental scope of work will be needed.
8. Any vesting clouds discovered after title review may cause significant delays on conveyance
recording.
9. If occupants (personal property or persons) are identified during the interview stage, Tierra
will interview that occupant at the earliest possible time and inform the City of the
presence of a displacement. An amendment for supplemental scope of work will be
needed if relocation services are needed.
10. The Tierra scope of work under this task does not include title, escrow, or recording fees,
survey, development of legal descriptions, or exhibits.
City Responsibilities:
1. Assist with obtaining contact information for the property owners and occupants
2. Upon receipt of the title review memorandum from Tierra, the City will decide which
encumbrances need to be cleared. This may involve a discussion of risk as related to
existing Deeds of Trust and/or other monetary encumbrances.
3. Provide conveyance documents and the pertinent detail for said documents the City
prefers to use.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 201 of 267
Page | 4
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
Deliverables:
1. Summary/synopses of title report review.
2. Final Right of Way Funding Estimate (ROWFE).
3. Administrative Offer Summaries (AOS) appraisal reports.
4. List summary of right of way encroachments and resolutions.
5. 17 document packages for negotiation using WSDOT approved forms.
6. Prepare files for closing
7. Diaries
8. Bi-weekly status updates
9. Agent QA files
10. Tierra will work with the title/escrow Company to obtain release documentation from the
encumbrances of public record that are not acceptable to provide clear title to the
property being acquired
11. Tierra will provide up to three (3) attempts in person and five (5) follow up conversations
via email or telephone. General acquisition/negotiation communications with owner.
12. Attend conference calls with KPG/City as needed/requested.
13. Complete parcel files, including necessary records of all ROW Acquisition services.
(NEW) TASK 6B – RIGHT OF WAY ACQUISTION (KPG Design Support)
Objective:Provide engineering and design assistance to attend meetings with property owners,
communicate the design, answer design questions, generate figures, explore design alternatives,
and manage the overall effort to support completion of the right of way process.
Consultant Responsibilities:
1. Attend meetings with property owners (either in person and on site or virtual),
communicate and explain design elements and provide other design and engineering
related information as needed to support the right of way process.
2. Make design revisions, develop alternatives, and produce simple figures as needed to
support the right of way process.
3. Provide subconsultant management and provide overall coordination with City, property
owners, WSDOT, and other agencies as needed to complete the right of way process.
Assumptions:
1. Assume no more than one (1) meeting per effected parcel.
2. Assume no more than one (1) figure per effected parcel.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 202 of 267
Page | 5
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
City Responsibilities:
1. City will facilitate coordination with property owners, tenants, and WSDOT, as necessary to
complete right of way acquisition and WSDOT certification of the right of way.
2. Review right of way documents and provide comments.
3. Provide direction and facilitation of approvals on issues that require City approval and
input.
Deliverables:
1. Meeting materials, notes, and other documentation as needed.
2. Design updates and figures as needed.
(NEW) TASK 9A – PROJECT CIVIL DESIGN COORDINATION
Objective: Provide planning level basin delineation, modeling, and multiple alternatives for
conveyance and infiltration as necessary to coordinate this project with regional stormwater
planning efforts.
Consultant Responsibilities:
1. Delineate regional stormwater basin that influences the project area.
2. Provide planning level modeling of the regional basin.
3. Generate planning level flow rates & volumes.
4. Review downstream conveyance options as they relate to regional plans.
5. Generate multiple regional design alternatives and present to the City.
6. Evaluate alternatives and assist City with stormwater decision making.
7. Document the design work and coordination.
Assumptions:
1. This work is to coordinate the stormwater design with regional plans to ensure
compatibility. The stormwater design for this project will not attempt to address regional
stormwater needs and will be limited to the requirements of the project area only.
City Responsibilities:
1. Review materials and provide direction.
Deliverables:
1. Technical memo documentation of work performed.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 203 of 267
Page | 6
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
(NEW) TASK 9B – PROJECT STRUCTURAL DESIGN (Subconsultant)
Objective: WSDOT Standard Plan J-28.30 provides standard construction details for luminaire
foundations for luminaires and soils that meet the specific requirements of the design detail.
Geotechnical exploration and analysis revealed existing soil conditions that do not comply with the
minimum requirements specified in Standard Plan J-28.30. Special foundations are required that
are designed for the existing soil conditions. Subconsultant services have been added under this
supplement to provide structural design for illumination.
Subconsultant Responsibilities:
1. The Subconsultant will provide structural engineering design and calculations to support
the development of the design drawings to be produced by KPG. The specific
subconsultant scope or work includes:
x Review of Standard Plan J-28.30 and related standard plans and specifications.
x Review of Geotechnical Report.
x Review of specified luminaires.
x Development of calculations to determine required foundation size and reinforcing.
x Specification and documentation of changes to standard foundation design.
x Coordination and review of drawings produced by KPG to ensure foundation design
has been incorporated accurately.
Assumptions:
1. The following work is excluded from the Subconsultant’s scope of work:
x Luminaire pole and base plate connection design.
x Geotechnical Engineering.
x Surveying.
x Site visits.
x Construction documents, drawings, or specifications.
x Construction phase engineering assistance.
Deliverables:
1. Subconsultant deliverables include stamped structural calculations and redlined drawings
and specifications to be drafted and incorporated into the construction documents by KPG.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 204 of 267
EXHIBIT DPRIME CONSULTANT COST COMPUTATIONS - Supplement No. 3Client:City of East WenatcheeProject:Kenroy Elementary Safe Routes to SchoolKPG PROJECT NUMBER: 19068ADATE:October 5, 2021PrincipalEngineering MgrSr. EngineerConstruction MgrProject EngineerSenior Const InspectorArchitecture Technician IIEngineering TechnicianSurvey Crew II Office AdminSr. Const Mgr Aviation MgrUrban Design MgrProject SurveyorProject Land. Arch.Design EngineerArchitecture Technician IConstruction Inspector ISurvey MgrSenior Project EngineerSr. Resident EngineerSr. CAD TechnicianCAD TechnicianTechnicianSurvey TechnicianTransportation PlannerLandscape Technician274$246$203$ 179$153$ 127$117$99$ 215$92$ Hours Fee1.1 Contract Administration, Invoicing, and Progress Reports44 8 1,084.00$1.2 Project Coordination & Schedule Management1616 2,864.00$1.3 Client Coordination Meetings1616 2,864.00$0003600000440 6,812.00$6A.1 Right of Way Acquisition - Tierra Right of Way00000000000 -$6B.1 Field Meetings to Support RW Acquisition44044 6,836.00$6B.2 Design Alternatives and Figures to Support Acquisition84048 7,552.00$6B.3 Management and Coordination of the Acquisition Process84048 7,552.00$0 0 0 20 120 0 0 0 0 0 140 21,940.00$9A.1 Delineate regional stormwater basin88 1,224.00$9A.2 Stormwater modeling 2810 1,582.00$9A.3 Flow rates and volumes2810 1,582.00$9A.4 Review of potential downstream conveyance options21618 2,806.00$9A.5 Generate multiple regional stormwater alternatives21618 2,806.00$9A.6 Evaluation of alternatives and finalize216182,806.00$9A.7 Documentation of the process21618 2,806.00$0 0 0 12 88 0 0 0 0 0 100 15,612.00$9B.1 Structural Design (Pacific Engineering)0-$00000000000 -$000682080000428044,364.00$Geotechnical - HWA Geosciences-$Cultural Resources - Plateau Archeological Investigations-$Survey Field Work - SCE Inc.-$Right of Way - Tierra Right of Way 148,943.69$Structural Design - Pacific Engineering2,663.76$Subtotal 151,607.45$Subconsultant Markup (0%)-$151,607.45$Title Reports -$Mileage at current IRS rate-$-$195,971.45$(New) Task 6A - Right of Way Acquisition (Subconsultant)Task Total(New) Task 9B - Project Structural Design (Subconsultant)Task TotalTask No.Task DescriptionPrime Consultant Labor Hour Estimate - Supplement No. 3Total Hours and Labor Fee Estimate by TaskTask 1 - Project ManagementTask Total(New) Task 6B - Right of Way Acquisition (KPG Design Support)Task TotalTotal Reimbursable ExpenseTotal Estimated BudgetTotal Prime Consultant Labor Hours and FeeSubconsultants(New) Task 9A - Project Civil DesignTotal Subconsultant ExpenseReimbursable Direct Non-Salary CostsSubtotalPage 1 of 111/2/2021 COUNCIL MEETING AGENDA PACKET
Page 205 of 267
Tierra Right of Way Services, Ltd.
Leslie Findlay, Designated Broker
8685 Martin Way East, Suite 203 ● Lacey, Washington 98516 ● Phone: 206.363.1556
Right of Way ● Cultural Resources ● Environmental Planning
Toll Free: 800.887.0847 ● www.tierra-row.com
September 17, 2021
Josh Fedora, PE
KPG
23 S. Wenatchee Ave, Suite 223
Wenatchee, WA 98801
Re: City of East Wenatchee, Kenroy Elementary - Safe Routes to Schools
Right of Way Acquisition Services
Dear Josh,
Tierra Right of Way Services, Ltd. (Tierra) is pleased to submit the proposal and cost estimate for the
performance of right of way acquisition services in accordance with federal, state, and local laws,
including the Uniform Act, Washington State Department of Transportation Right of Way Manual,
the Local Agency Guidelines, and Chapter 8.26 RCW.
Due to the labor shortage of experienced professionals in the industry, the pricing contained herein is
valid for 90 calendar days only. Tierra looks forward to working with your team to complete this
project.
Sincerely,
Leslie Findlay, SR/WA, R/W-RAC
Right of Way Operations Manager | Designated Broker, Pacific Northwest
360-870-0190
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 206 of 267
KPG, City of East Wenatchee, Kenroy Elementary – Safe Routes to Schools
Right of Way Acquisition Services
19WR00-415.01
2
SCOPE OF WORK
KPG has requested that Tierra Right of Way, Ltd. (Tierra) provide a scope of work and fee to
assist in acquiring the real estate interests for the City of East Wenatchee Kenroy Elementary -
Safe Routes to Schools Improvement Project. Tierra will perform acquisition services in
accordance with Federal, State, and local laws, including the Uniform Act, WSDOT Right of
Way Manual, Local Agency Guidelines manual, and Chapter 8.26 RCW.
Our scope and fee include, but is not limited to, the following tasks:
x PROJECT KICKOFF – Tierra to attend kick off meeting to obtain further project
background. Tierra will use WSDOT LAC FHWA approved templates which
are located at: http://www.wsdot.wa.gov/LocalPrograms/ROWServices/LPA-
forms.htm. Other project meetings to be scheduled as needed.
x TITLE – KPG or the City will provide the necessary title commitments, which is
necessary to confirm ownerships before offers and negotiations are conducted and
prior to recording any conveyance documents. Tierra will conduct initial review of
report to assess potential complications at closing and potential conflicts from
utility encumbrances, etc., that may pose obstacles or delays to the acquisition
closing process. This information will be shared with the city in the form of a
summary/synopses and Tierra will work with the escrow company to resolve any
further action necessary.
x VALUATION – Tierra will contract with Pacific Appraisal and Associates to
produce a Right of Way Funding Estimate (ROWFE) for the proposed project
impacts and Administrative Offer Summaries (AOS) appraisal reports. We do
not anticipate any narrative appraisal reports will be needed, if any are, an
amendment to this scope and fee would be required.
x ENCROACHMENTS – Tierra with KPG will identify any possible
encroachments that will need to be addressed prior to the project being WSDOT
Certified. Tierra agents will work with property owners to resolve.
x NEGOTIATIONS – Tierra agents will perform and oversee property
negotiations for up to 17 parcels. The offer package documents will be
presented in person if possible. An out-of-area owner will be contacted by
telephone and by certified mail.
o Tierra will:
▪ Review, parcel map(s), title report(s) and prepare each file electronically and
physically.
▪ Prepare 17 document packages for City review, and upon approval,
promptly present document package for the required real property
interests.
▪ Document package to include AOS, conveyance instruments, exhibits and
other related acquisition documents using WSDOT/City approved forms.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 207 of 267
KPG, City of East Wenatchee, Kenroy Elementary – Safe Routes to Schools
Right of Way Acquisition Services
19WR00-415.01
3
o Offer Presentation: Tierra will contact the property owners and meet the
owner in person to present to discuss the project. After the package is
presented to each property owner, Tierra will attempt to make three “in-
person” meetings with a property owner and five follow up conversations,
which will be via email or phone conversation, to complete negotiations.
o Prepare file for closing.
o Prepare and maintain diaries.
o Prepare and provide status updates bi-weekly or per the request of the City/KPG.
o Upon receipt of signed conveyance documents, Tierra will forward the
documents to the City/KPG.
o Agent QA files for submittal to Project Manager.
x PROJECT MANAGEMENT
o Tierra to report acquisition status bi-weekly.
o Provide project management in coordination with City staff.
o Monitor project budget and schedule.
o Oversee Appraisal process, monitor budget and schedule.
o QC offer packages prior to submitting to KPG/City for approval.
o QC files prior to submittal to the City at completion.
o Assist the City with the WSDOT Certification process.
x PROJECT SCHEDULE – It is anticipated that the project will go to construction in the
spring of 2023. Our goal is to have all rights of way acquired within nine (9) months from
the notice to proceed.
Tierra Deliverables:
x Tierra work with the title/escrow Company to obtain release documentation
from the encumbrance(s) of public record that are not acceptable to provide
clear title to the property being acquired.
x Prepare 17 acquisition files for negotiations, utilizing WSDOT approved forms.
x Provide up to three attempts in person and five follow up conversations via email
or telephone. General acquisition/negotiation communications with owner.
x Attend conference calls with the KPG/City as needed.
x Complete, QC’d parcel files, including necessary records of all ROW Acquisition services.
x Provide status reports bi-weekly or as requested.
KPG/City will provide Tierra with the following prior to the commencement of any activities:
x Any contact information for the property owners and occupants.
x Upon receipt of the title review memorandum from Tierra, the City will decide
which encumbrances need to be cleared. This may involve a discussion of risk as
related to existing Deeds of Trust and/or other monetary encumbrances.
x WSDOT approved Right of Way Plan sheets.
x Final signed legal description and parcel map exhibits for each parcel.
x Provide conveyance documents and the pertinent detail for said documents the
City prefers to use.
and
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 208 of 267
KPG, City of East Wenatchee, Kenroy Elementary – Safe Routes to Schools
Right of Way Acquisition Services
19WR00-415.01
4
x Provide the project schedule updates.
x Parcel title reports.
The deliverable hours and cost provided contain the following assumptions:
x All mileage expenses will be invoiced to the Client at the IRS established rate. Actual
mileage may be more or less than what is estimated herein.
x A maximum of three documented attempts in person and a maximum of five additional
attempts will be over the telephone, via email, and/or mail to successfully acquire each
parcel.
x Whenever possible, owners residing locally will be presented their offers in person. Tierra
will mail offers to owners located outside of a 50-mile radius from the project area.
x There are no more than two principal owners of any parcel and that both are
geographically located very near to each other.
x Any delay in KPG/City deliverables, design or design changes will delay Tierra's project
schedule.
x Any changes in plans that impact the acquisition area after appraisal has commenced will
result in a price increase from the appraiser and a delay in the project schedule.
x If any additional parcels or work is required that is not identified in this scope of work, an
amendment will be required.
x Any vesting clouds discovered after title review may cause significant delays on conveyance
recording.
x If occupants (personal property or persons) are identified during the interview stage, Tierra
will interview that occupant at the earliest possible time and inform the City of the presence
of a displacement. The City agrees to additional charges for relocation services should this
occur and an amendment to the scope and contract will be required.
x Any change in the client’s main point of contact, project manager, or other related
leadership position will likely result in increased fees due to changes in management and
communication styles, changes in agreed to reporting, changes in forms, and the new
project team member not fully understanding the scope of work contracted for.
x Price does not include title, escrow or recording fees, survey, the development of legal
descriptions, or exhibits.
x Due to the labor shortage of experienced professionals in the industry, the pricing
contained herein is valid for 90 calendar days only.
x COVID-19 safety protocols will be adhered to.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 209 of 267
KPG, City of East Wenatchee, Kenroy Elementary – Safe Routes to Schools
Right of Way Acquisition Services
19WR00-415.01
5
CONSULTANT FEE DETERMINATION - SUMMARY OF PROJECT COSTS
Labor Classification Hours
Direct
Salary OH Fixed Fee Total Total Amount
Project Management, 17 Acq.
Direct Rate
136.91%30.00%
Billing Rate
Division Manager 2 $ 69.72 $ 95.45 $ 20.92 $ 186.09 372.18$
ROW Division Manager 24.00 $ 59.23 $ 81.09 $ 17.77 $ 158.09 3,794.18$
Project Manager 170.00 $ 52.88 $ 72.40 $ 15.86 $ 141.14 23,994.14$
Senior Right of Way Agent 640.00 $ 45.67 $ 62.53 $ 13.70 $ 121.90 78,014.59$
Adm. Project Coordinator 75.00 $ 27.00 $ 36.97 $ 8.10 $ 72.07 5,404.93$
Right of Way Technician 170.00 $ 25.00 $ 34.23 $ 7.50 $ 66.73 11,343.68$
1081 122,923.69$
Direct Reimbursables
17 AOS's
Travel (Mileage): 500 Miles 0.56$ 280.00$
Postage 32 Each 7.50$ 240.00$
Pacific Appraisal 17 Each 1,500.00$ 25,500.00$
Direct Reimbursables Subtotal:26,020.00$
Total Maximum Amount Payable 148,943.69$
Task Order Total Maximum - Rounded 148,943.69$
City of East Wenatchee, Kenroy Elementary - Safe Routes
Tierra Right of Way Services, Ltd.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 210 of 267
September 14, 2021
Tierra Right of Way Services, Ltd.
1575 E River Road, Ste 201
Tucson, AZ 85718
Subject: Acceptance FYE 2020 ICR Audit Office Review
Dear Keith Ganske:
20 Indirect Cost Rate (ICR) of 136.91% of direct labor (rate includes
0.24% Facilities Capital Cost of Money). This rate will be applicable for WSDOT
Agreements and Local Agency Contracts in Washington only. This rate may be subject
to additional review if considered necessary by WSDOT. Your ICR must be updated on
an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov .
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 211 of 267
6RXWK&ROXPELD6WUHHW6XLWHO:HQDWFKHH:$ ,3 O) OZZZSDFLILFHQJLQHHULQJQHW
$XJXVW
-RVK)HGRUD
.3*(QJLQHHULQJ
6RXWK:HQDWFKHH$YH6WH
:HQDWFKHH:$
352-(&7 .HQUR\/XPLQDLUH)RXQGDWLRQ
3URMHFW1R6$
68%-(&7 6WUXFWXUDO(QJLQHHULQJ)HH3URSRVDO
'HDU-RVK
3HU\RXUUHTXHVWZHKDYHUHYLHZHGWKHSUHOLPLQDU\GUDZLQJVDQGLQIRUPDWLRQ\RXSURYLGHGDQG
KDYHSUHSDUHGWKHIROORZLQJ6WUXFWXUDO(QJLQHHULQJ)HH3URSRVDOIRUWKH.HQUR\/XPLQDLUH
)RXQGDWLRQGHVLJQ
352-(&7'(6&5,37,21
,WLVRXUXQGHUVWDQGLQJWKDWWKHSURMHFWLQYROYHVWKHLQVWDOODWLRQRIQHZURDGZD\OXPLQDLUHVDV
SDUWRIWKH6DIH5RXWHVWR6FKRROSURMHFWIRU.HQUR\(OHPHQWDU\6FKRROLQ(DVW:HQDWFKHH
:$:6'276WDQGDUG3ODQ-SURYLGHVVWDQGDUGFRQVWUXFWLRQGHWDLOVIRUOXPLQDLUH
IRXQGDWLRQVIRUOXPLQDLUHVDQGVRLOVPHHWLQJVSHFLILFUHTXLUHPHQWV7KHJHRWHFKQLFDOUHSRUWKDV
LGHQWLILHGH[LVWLQJVRLOFRQGLWLRQVWKDWGRQRWFRPSO\ZLWKWKHPLQLPXPUHTXLUHPHQWVVSHFLILHGLQ
6WDQGDUG3ODQ-DQGWKHUHIRUHVSHFLDOIRXQGDWLRQVDUHUHTXLUHGWKDWDUHGHVLJQHGIRUWKH
H[LVWLQJVRLOFRQGLWLRQV
6&23(2):25.
7KHVFRSHRIZRUNLQFOXGHVWKHIROORZLQJVWUXFWXUDOHQJLQHHULQJFRQVXOWLQJVHUYLFHV
• 5HYLHZRI6WDQGDUG3ODQ-DQGUHODWHGVWDQGDUGSODQVDQGVSHFLILFDWLRQV
• 5HYLHZRI*HRWHFKQLFDO5HSRUW
• 5HYLHZRIVSHFLILHGOXPLQDLUHV
• 'HYHORSPHQWRIFDOFXODWLRQVWRGHWHUPLQHUHTXLUHGIRXQGDWLRQVL]HDQGUHLQIRUFLQJ
• 6SHFLILFDWLRQDQGGRFXPHQWDWLRQRIFKDQJHVWRVWDQGDUGIRXQGDWLRQGHVLJQ
• &RRUGLQDWLRQDQGUHYLHZRIGUDZLQJVSURGXFHGE\.3*WRHQVXUHIRXQGDWLRQGHVLJQKDV
EHHQLQFRUSRUDWHGDFFXUDWHO\
([FOXGHGIURPWKHVFRSHRIZRUNDUH
• /XPLQDLUHSROHDQGEDVHSODWHFRQQHFWLRQGHVLJQ
• *HRWHFKQLFDO(QJLQHHULQJ
• 6XUYH\LQJ
• 6LWHYLVLWV
• &RQVWUXFWLRQGRFXPHQWVGUDZLQJVRUVSHFLILFDWLRQV
• &RQVWUXFWLRQSKDVHHQJLQHHULQJDVVLVWDQFH
'(/,9(5$%/(6
'HOLYHUDEOHVLQFOXGHVWDPSHGVWUXFWXUDOFDOFXODWLRQVDQGUHGOLQHGGUDZLQJVDQGVSHFLILFDWLRQVWR
EHGUDIWHGDQGLQFRUSRUDWHGLQWRWKHFRQVWUXFWLRQGRFXPHQWVE\.3*
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 212 of 267
-RVK)HGRUD
6WUXFWXUDO(QJLQHHULQJ)HH3URSRVDO
$XJXVW
3URMHFW1R6$
3DJHRI
6&+('8/(
:HDQWLFLSDWHDWZRWRWKUHHZHHNWXUQDURXQGIURPQRWLFHWRSURFHHG7KLVVXJJHVWHGWLPHIUDPH
UHIOHFWVRXUFXUUHQWZRUNORDG'HOD\LQDXWKRUL]DWLRQPD\UHVXOWLQDPRGLILHGVFKHGXOHHVWLPDWH
)(((67,0$7(
3D\PHQWVIRUVHUYLFHVZLOOEHRQDWLPHDQGH[SHQVHEDVLVLQDFFRUGDQFHZLWKWKHDWWDFKHG17(
5DWH6FKHGXOH$QHVWLPDWHRIWKHHQJLQHHULQJHIIRUWUHTXLUHGLVDQWLFLSDWHGLQWKHDPRXQWRI
7KHSURSRVHGIHHLVDQHVWLPDWHIRUZRUNHIIRUWOLVWHGLQWKH6FRSHRI:RUN7KHDFWXDOIHHPD\
EHJUHDWHUWKDQRUOHVVWKDQWKLVHVWLPDWH&RQVWUXFWLRQ3KDVHVHUYLFHVDUHQRWLQFOXGHGLQWKLV
SURSRVDO,IDXWKRUL]HGE\WKHFOLHQW3DFLILFZLOOSURYLGHWKHVHVHUYLFHVRQDWLPHDQGH[SHQVH
EDVLV&RQVWUXFWLRQ3KDVHVHUYLFHVLQFOXGHVKRSGUDZLQJUHYLHZUHVSRQVHWR5),VDQG
FRQWUDFWRUTXHVWLRQVVLWHYLVLWVGXULQJFRQVWUXFWLRQDQGDGGLWLRQDOGHVLJQRUUHGHVLJQDVD
UHVXOWRIFRQWUDFWRUHUURUVRUUHTXHVWV7KLVSURSRVDOLVYDOLGIRUZRUNFRPSOHWHGWKUXWKHHQGRI
:RUNSHUIRUPHGLQ\HDUVVXEVHTXHQWWRZLOOEHLQYRLFHGSHUWKHIHHVFKHGXOHFXUUHQW
WRWKH\HDULQZKLFKVHUYLFHVDUHSHUIRUPHG
7(&+1,&$/&/$5,),&$7,216
,192,&,1*
6HUYLFHVZLOOEHLQYRLFHGRQDPRQWKO\EDVLVRQDFWXDOKRXUVZRUNHG$OOLQYRLFHVDUHGXHXSRQ
UHFHLSWDQGZLOOEHDVVHVVHGDODWHSD\PHQWFKDUJHRISHUPRQWKLIQRWSDLGZLWKLQGD\V
RIWKHLQYRLFHGDWH,I3DFLILFLVQRWSDLGZKHQGXH3DFLILFPD\VXVSHQGRUWHUPLQDWHVHUYLFHV
DQGDOOFRSLHVRIDQ\UHSRUWVSODQVVSHFLILFDWLRQVDQGRWKHUGRFXPHQWVSUHSDUHGE\3DFLILF
XQGHUWKLVDJUHHPHQWZLOOEHUHWXUQHGWR3DFLILFDQGWKHVHGRFXPHQWVZLOOQRWEHUHOLHGXSRQLQ
DQ\IDVKLRQ3DFLILFUHWDLQVDOOULJKWVWRFODLPDJDLQVWSHUIRUPDQFHERQGVOLHQSURSHUW\DQG
RWKHUPHDVXUHVWRUHFHLYHSD\PHQWIRUVHUYLFHVUHQGHUHG
(;75$6(59,&(6
,IH[WUDVHUYLFHVRXWVLGHWKHVFRSHRIZRUNDUHUHTXHVWHGZHZLOOGHWHUPLQHWKHHVWLPDWHGIHHV
DVVRFLDWHGZLWKWKHH[WUDVHUYLFHVDQGFRPPXQLFDWHWKLVWR\RXVRWKDW\RXFDQGHFLGHZKHWKHU
WRDGGWKHH[WUDVHUYLFHDQGIHHVWRWKHEXGJHW,QDGGLWLRQWRWKHH[FOXGHGVHUYLFHVOLVWHGLQWKH
6&23(2):25.H[WUDVHUYLFHVWKDWDUHQRWLQFOXGHGLQWKHVFRSHRIZRUNLQFOXGHVLJQLILFDQW
FKDQJHVLQVFRSHDGGLWLRQDOUHTXHVWHGLWHPVDGGLWLRQDOGHVLJQRUUHGHVLJQDQGGHWDLOLQJ
SUHGLFDWHGRQFRQWUDFWRU¶VHUURUVRUUHTXHVW
6LQFHUHO\
0LFDK)ORUHD6(
6WUXFWXUDO(QJLQHHU3ULQFLSDO
$WWDFKPHQWV
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 213 of 267
)((6&+('8/(
/DERU&ODVVLILFDWLRQ /DERU5DWH
,QGLUHFW&RVW
5DWH )L[HG)HH 17(5DWH
6(1,25&,9,/(1*,1((5
6(1,256758&785$/(1*,1((5
6(1,25352)(66,21$/(1*,1((5
6758&785$/(1*,1((5
352)(66,21$/(1*,1((5,,,
352)(66,21$/(1*,1((5,,
352)(66,21$/(1*,1((5,
(1*,1((5,175$,1,1*,,
(1*,1((5,175$,1,1*,
7(&+1,&,$1,9
7(&+1,&,$1,,,
7(&+1,&,$1,,
7(&+1,&,$1,
352-(&7$'0,1,675$725)81',1*63(&,$/,67
6(&5(7$5<$'0,1,675$7,21
$YHUDJHODERUUDWH
(;3(16(6 &RVW
0,/($*( SHUPLOH
6RXWK&ROXPELD6WUHHW6XLWH
:HQDWFKHH:$
,
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 214 of 267
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
Page 215 of 267
June 9, 2021
Rich Hendrickson, Principal
Pacific Engineering & Design, PLLC
200 S Columbia St, Ste 300
Wenatchee, WA 98801-6139
x Re: Pacific Engineering & Design, PLLC
Safe Harbor Indirect Cost Rate
Dear Mr. Hendrickson:
Washington State has received approval from our local Federal Highway Administration (FHWA)
Division to continue administering the “safe harbor” indirect cost rate program on engineering and
design related service contracts, as well as for Local Public Agency projects.
We have completed our risk assessment for Pacific Engineering & Design, PLLC. We conducted our
assessment based on the documentation provided by the firm. The reviewed data included, but was not
limited to, a description of the company, basis of accounting, accounting system and the basis of indirect
costs. Based on our review, your firm is eligible to use the Safe Harbor rate. You have opted to use the
Safe Harbor rate, rather than provide a FAR-compliant rate at this time.
We are issuing the Safe Harbor Indirect Cost Rate of 110% of direct labor with a field rate, where
applicable, of 80% of direct labor for Pacific Engineering & Design. The Safe Harbor rate is effective
on June 9, 2021.
Pacific Engineering & Design has agreed to improve Internal Controls and timekeeping processes to be
able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition
Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and
information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of
110%, or 80% for field office situations, for agreements entered prior to June 9, 2024. For agreements
entered after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for
guidance.
The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs
contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions, please contact Steve McKerney or me at (360)705-7003.
Sincerely,
Schatzie Harvey, CPA
Agreement Compliance Audit Manager
cc: Steve McKerney, Director of Internal Audit
Larry Schofield, MS 47323
File
Sincerely,
Schatzie Harvey,CPA
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 216 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 217 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From/Presenter: Garren Melton, Interim Public Works Manager
Subject: WSDOT Local Agency Agreement Supplement for the Sterling
Intermediate Safe Routes to School Project
Date: November 2, 2021
I. Summary Title: Local Agency Agreement Supplement 3 between the City of East Wenatchee
(City) and the Washington State Department of Transportation (WSDOT) to obligate right of
way funding for the Sterling Intermediate Safe Routes to School (SRTS) Project.
II. Background/History: Sterling Intermediate, located at 5th Street NE and James Avenue, and
the surrounding schools experience a high number of students walking to and from school. A
need to focus on student pedestrian safety along the 5 th St NE corridor was identified based
on the following. Currently, there are no sidewalks, pedestrian paths, or sufficient roadway
shoulder to accommodate student pedestrians. In addition, according to traffic count data,
the 5th St NE corridor experiences high vehicle speeds.
Based on the abovementioned deficiencies, City staff attempted to apply for a SRTS grant in
2016; however, the project was not selected for funding. City staff restructured the grant
application and reapplied in 2018, this time, successfully securing $1,937,791 in federal SRTS
funds. Due to the federal nature of the grant funds, WSDOT Local Programs must authorize
the release of funding for each phase of the project (Design, Right of Way and Construction).
III. Recommended Action: Authorize the Mayor to execute a WSDOT Local Agency Agreement to
obligate right of way funding, and amend the consultants scope of work for the Sterling
Intermediate Safe Routes to School Project, not to exceed $379,255.10.
IV. Exhibits: 1. Local Agency Agreement Supplement 3
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 218 of 267
Financial Data:
Expenditure Required
Right of Way Phase
Amount Budgeted Appropriation Required
$20,242 (City funds)
$114,706 (Federal funds)
$134,948 (Total)
2021: $90,000
2022: $170,500
No
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 219 of 267
6XSSOHPHQWDO$JUHHPHQW
1XPEHU
Organization and Address
Phone:
Original Agreement Number
Project Number Execution Date Completion Date
Project Title New Maximum Amount Payable
Description of Work
7KH/RFDO$JHQF\RI
GHVLUHVWRVXSSOHPHQWWKHDJUHHPHQWHQWHUHGLQWRZLWK
DQGH[HFXWHGRQ DQGLGHQWL¿HGDV$JUHHPHQW1R
$OOSURYLVLRQVLQWKHEDVLFDJUHHPHQWUHPDLQLQHႇHFWH[FHSWDVH[SUHVVO\PRGL¿HGE\WKLVVXSSOHPHQW
7KHFKDQJHVWRWKHDJUHHPHQWDUHGHVFULEHGDVIROORZV
,
6HFWLRQ6&23(2):25.LVKHUHE\FKDQJHGWRUHDG
,,
6HFWLRQ,97,0()25%(*,11,1*$1'&203/(7,21LVDPHQGHGWRFKDQJHWKHQXPEHURIFDOHQGDUGD\V
IRUFRPSOHWLRQRIWKHZRUNWRUHDG
,,,
6HFWLRQ93$<0(17VKDOOEHDPHQGHGDVIROORZV
DVVHWIRUWKLQWKHDWWDFKHG([KLELW$DQGE\WKLVUHIHUHQFHPDGHDSDUWRIWKLVVXSSOHPHQW
,I\RXFRQFXUZLWKWKLVVXSSOHPHQWDQGDJUHHWRWKHFKDQJHVDVVWDWHGDERYHSOHDVHVLJQLQWKH$SSURSULDWH
VSDFHVEHORZDQGUHWXUQWRWKLVRႈFHIRU¿QDODFWLRQ
%\ %\
Consultant Signature Approving Authority Signature
Date
'27)RUP
5HYLVHG
&LW\RI (DVW :HQDWFKHH
.3* 36
0DUFK 6576
6HH $WWDFKHG ([KLELW $ 6FRSH RI :RUN
&RQWUDFW FRPSOHWLRQ LV H[WHQGHG WR 'HFHPEHU
7RWDO WKURXJK 6XSSOHPHQW 6XSS 1HZ 0D[LPXP $PRXQW
6576
.3* 36
6 :HQDWFKHH $YH 6W
:HQDWFKHH :$
.3* %
6WHUOLQJ ,QWHUPHGLDWH 6DIH 5RXWHV WR 6FKRRO
$GGLWLRQDO HIIRUW WR SURYLGH DGGLWLRQDO VWRUPZDWHU GHVLJQ VWUXFWXUDO IRXQGDWLRQ GHVLJQ IRU LOOXPLQDWLRQ
IRXQGDWLRQV ULJKW RI ZD\ DFTXLVLWLRQ DQG SURMHFW PDQDJHPHQW DV GHWDLOHG LQ ([KLELW $ 6FRSH RI :RUN
-RVK)HGRUD 3URMHFW 0DQJHU
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 220 of 267
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
Exhibit A
Scope of Work – Supplement No. 3
City of East Wenatchee
Sterling Intermediate Safe Routes to School
Project Number SRTS-9909(004)
KPG Project Number 19068B
October 5, 2021
Introduction and Background
The project as described in the original scope of work has progressed to the 60% design level and
includes the minor project scope changes which have been approved by WSDOT and are defined
in the current WSDOT STIP. The project currently has NEPA CE approval and is ready to progress
to the RW Phase.
x Current design detail provided by the 60% Plans provides the basis scoping for the RW
Phase as defined in Task 6A and Task 6B of this supplemental scope of work.
x The geotechnical report identified soil properties that do not meet the requirements for
use of WSDOT standard illumination foundations. Task 9B has been added to provide for
structural foundation design.
x The project duration has been extended to target construction in 2023. Additional work
associated with project management for the extended project duration has been defined in
Task 1 of this supplemental scope of work.
The scope of work is supplemented to include the following additional work:
TASK 1 – PROJECT MANAGEMENT
Consultant Responsibilities:
1. Provide an additional 12 months of contract administration and management, including:
billing, accounting, auditing, and monthly progress reports.
2. Provide an additional 12 months of project coordination and management of design
schedule, including internal resource management, subconsultant management, and
prioritization of resources.
3. Facilitate an additional 12 months of client coordination meetings.
Assumptions:
1. Assume an additional 12 months of contract duration.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 221 of 267
Page | 2
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
(NEW) TASK 6A – RIGHT OF WAY ACQUISITION (Subconsultant)
Objective: Tierra Right of Way Services Ltd. will perform acquisition services in accordance with
Federal, State, and local laws, including the Uniform Act, WSDOT Right of Way Manual, Local Agency
Guidelines manual, and Chapter 8.26 RCW.
Subconsultant Responsibilities:
1. Project Kickoff - Facilitate a right of way phase kickoff meeting. Tierra will use WSDOT LAC
FHWA approved templates as indicated in Tierra’s subconsultant scope of work.
2. Title Review - Conduct initial review of title reports to assess potential complications at
closing and potential conflicts from utility encumbrances, etc., that may pose obstacles or
delays to the acquisition closing process.
3. Valuation - Using an appraisal service, finalize a Right of Way Funding Estimate (ROWFE)
and Administrative Offer Summaries (AOS) appraisal reports.
4. Encroachments - Identify any possible encroachments that will need to be addressed prior
to the project being WSDOT Certified. Tierra agents will work the project team and with
property owners to resolve.
5. Negotiations – Tierra agents will perform and oversee property negotiations for up to 13
parcels. The offer package documents will be presented in person if possible. An out-of-
area owner will be contacted by telephone and by certified mail. Tierra will:
x Review parcel maps, title reports, and prepare each file electronically and
physically.
x Prepare 13 document packages for City review, and upon approval, promptly
present document package for the required real property interests.
x Document package will include AOS, conveyance instruments, exhibits, and other
related acquisition documents using WSDOT/City approved forms.
x Tierra will contact the property owners and meet the owner in person to present
and to discuss the project. After the package is presented to each property owner,
Tierra will attempt to make three in-person meetings with a property owner and
five follow up conversations, which will be via email or phone conversation, to
complete negotiations.
x Prepare file for closing.
x Prepare and maintain diaries.
x Prepare and provide status updates bi-weekly or per the request of the City/KPG.
x Upon receipt of signed conveyance documents, Tierra will forward the documents
to the City/KPG.
x Agent QA files for submittal to Project Manager.
6. Project Management – Tierra will:
x Report acquisition status bi-weekly
x Provide project management in coordination with City staff
x Monitor project budget and schedule
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 222 of 267
Page | 3
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
x Oversee Appraisal process, monitor budget and schedule
x QC offer packages prior to submitting to City/KPG for approval
x QC files prior to submittal to the City at completion
x Assist the City with the WSDOT Certification process.
Assumptions:
1. No narrative appraisal reports will be needed, if any are needed, an amendment will be
needed to support a supplemental scope of work.
2. Tierra’s schedule goal will be to have all rights of way acquired within nine (9) months from
the notice to proceed.
3. A maximum of three documented attempts in person and a maximum of five additional
attempts will be over the telephone, via email, and/or mail to successfully acquire each
parcel.
4. Whenever possible, owners residing locally will be presented their offers in person. Tierra
will mail offers to owners located outside of a 50-mile radius from the project area.
5. There are no more than two principal owners of any parcel and that both are
geographically located very near to each other.
6. Any delay in the project or City deliverables, design, or design changes will delay Tierra’s
project schedule.
7. If any additional parcels or work is required that is not identified in this scope of work, an
amendment for supplemental scope of work will be needed.
8. Any vesting clouds discovered after title review may cause significant delays on conveyance
recording.
9. If occupants (personal property or persons) are identified during the interview stage, Tierra
will interview that occupant at the earliest possible time and inform the City of the
presence of a displacement. An amendment for supplemental scope of work will be
needed if relocation services are needed.
10. The Tierra scope of work under this task does not include title, escrow, or recording fees,
survey, development of legal descriptions, or exhibits.
City Responsibilities:
1. Assist with obtaining contact information for the property owners and occupants
2. Upon receipt of the title review memorandum from Tierra, the City will decide which
encumbrances need to be cleared. This may involve a discussion of risk as related to
existing Deeds of Trust and/or other monetary encumbrances.
3. Provide conveyance documents and the pertinent detail for said documents the City
prefers to use.
Deliverables:
1. Summary/synopses of title report review.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 223 of 267
Page | 4
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
2. Final Right of Way Funding Estimate (ROWFE).
3. Administrative Offer Summaries (AOS) appraisal reports.
4. List summary of right of way encroachments and resolutions.
5. 13 document packages for negotiation using WSDOT approved forms.
6. Prepare files for closing
7. Diaries
8. Bi-weekly status updates
9. Agent QA files
10. Tierra will work with the title/escrow Company to obtain release documentation from the
encumbrances of public record that are not acceptable to provide clear title to the
property being acquired
11. Tierra will provide up to three (3) attempts in person and five (5) follow up conversations
via email or telephone. General acquisition/negotiation communications with owner.
12. Attend conference calls with KPG/City as needed/requested.
13. Complete parcel files, including necessary records of all ROW Acquisition services.
(NEW) TASK 6B – RIGHT OF WAY ACQUISTION (KPG Design Support)
Objective: Provide engineering and design assistance to attend meetings with property owners,
communicate the design, answer design questions, generate figures, explore design alternatives,
and manage the overall effort to support completion of the right of way process.
Consultant Responsibilities:
1. Attend meetings with property owners (either in person and on site or virtual),
communicate and explain design elements and provide other design and engineering
related information as needed to support the right of way process.
2. Make design revisions, develop alternatives, and produce simple figures as needed to
support the right of way process.
3. Provide subconsultant management and provide overall coordination with City, property
owners, WSDOT, and other agencies as needed to complete the right of way process.
Assumptions:
1. Assume no more than one (1) meeting per effected parcel.
2. Assume no more than one (1) figure per effected parcel.
City Responsibilities:
1. City will facilitate coordination with property owners, tenants, and WSDOT, as necessary to
complete right of way acquisition and WSDOT certification of the right of way.
2. Review right of way documents and provide comments.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 224 of 267
Page | 5
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
3. Provide direction and facilitation of approvals on issues that require City approval and
input.
Deliverables:
1. Meeting materials, notes, and other documentation as needed.
2. Design updates and figures as needed.
(NEW) TASK 9B – PROJECT STRUCTURAL DESIGN (Subconsultant)
Objective: WSDOT Standard Plan J-28.30 provides standard construction details for luminaire
foundations for luminaires and soils that meet the specific requirements of the design detail.
Geotechnical exploration and analysis revealed existing soil conditions that do not comply with the
minimum requirements specified in Standard Plan J-28.30. Special foundations are required that
are designed for the existing soil conditions. Subconsultant services have been added under this
supplement to provide structural design for illumination.
Subconsultant Responsibilities:
1. The Subconsultant will provide structural engineering design and calculations to support
the development of the design drawings to be produced by KPG. The specific
subconsultant scope or work includes:
x Review of Standard Plan J-28.30 and related standard plans and specifications.
x Review of Geotechnical Report.
x Review of specified luminaires.
x Development of calculations to determine required foundation size and reinforcing.
x Specification and documentation of changes to standard foundation design.
x Coordination and review of drawings produced by KPG to ensure foundation design has
been incorporated accurately.
Assumptions:
1. The following work is excluded from the Subconsultant’s scope of work:
x Luminaire pole and base plate connection design.
x Geotechnical Engineering.
x Surveying.
x Site visits.
x Construction documents, drawings, or specifications.
x Construction phase engineering assistance.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 225 of 267
Page | 6
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
Deliverables:
1. Subconsultant deliverables include stamped structural calculations and redlined drawings
and specifications to be drafted and incorporated into the construction documents by KPG.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 226 of 267
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
Page 227 of 267
Tierra Right of Way Services, Ltd.
Leslie Findlay, Designated Broker
8685 Martin Way East, Suite 203 ● Lacey, Washington 98516 ● Phone: 206.363.1556
Right of Way ● Cultural Resources ● Environmental Planning
Toll Free: 800.887.0847 ● www.tierra-row.com
September 17, 2021
Josh Fedora, PE
KPG
23 S. Wenatchee Avenue, Suite 223
Wenatchee, WA 98801
Re: City of East Wenatchee, Sterling Intermediate - Safe Routes to Schools
Right of Way Acquisition Services
Dear Josh,
Tierra Right of Way Services, Ltd. (Tierra) is pleased to submit the proposal and cost estimate for the
performance of right of way acquisition services in accordance with federal, state, and local laws,
including the Uniform Act, Washington State Department of Transportation Right of Way Manual,
the Local Agency Guidelines, and Chapter 8.26 RCW.
Due to the labor shortage of experienced professionals in the industry, the pricing contained herein is
valid for 90 calendar days only. Tierra looks forward to working with your team to complete this
project.
Sincerely,
Leslie Findlay, SR/WA, R/W-RAC
Right of Way Operations Manager | Designated Broker, Pacific Northwest
360-870-0190
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 228 of 267
KPG, City East Wenatchee, Sterling Intermediate - Safe Routes to School
Right of Way Acquisition Services
19WR00-416.01
2
SCOPE OF WORK
KPG has requested that Tierra Right of Way, Ltd. (Tierra) provide a scope of work and fee to
assist in acquiring the real estate interests for the City of East Wenatchee Sterling Intermediate -
Safe Routes to Schools Improvement Project. Tierra will perform acquisition services in
accordance with Federal, State, and local laws, including the Uniform Act, WSDOT Right of
Way Manual, Local Agency Guidelines manual, and Chapter 8.26 RCW.
Our scope and fee include, but is not limited to, the following tasks:
x PROJECT KICKOFF – Tierra to attend kick off meeting to obtain further project
background. Tierra will use WSDOT LAC FHWA approved templates which
are located at: http://www.wsdot.wa.gov/LocalPrograms/ROWServices/LPA-
forms.htm. Other project meetings to be scheduled as needed.
x TITLE – KPG or the City will provide the necessary title commitments, which is
necessary to confirm ownerships before offers and negotiations are conducted and
prior to recording any conveyance documents. Tierra will conduct initial review of
report to assess potential complications at closing and potential conflicts from
utility encumbrances, etc., that may pose obstacles or delays to the acquisition
closing process. This information will be shared with the City in the form of a
summary/synopses and Tierra will work with the escrow company to resolve any
further action necessary.
x VALUATION – Tierra will contract with Pacific Appraisal and Associates to
produce a Right of Way Funding Estimate (ROWFE) for the proposed project
impacts and Administrative Offer Summaries (AOS) appraisal reports. We do
not anticipate any narrative appraisal reports will be needed, if any are, an
amendment to this scope and fee would be required.
x ENCROACHMENTS – Tierra with KPG will identify any possible
encroachments that will need to be addressed prior to the project being WSDOT
Certified. Tierra agents will work with property owners to resolve.
x NEGOTIATIONS – Tierra agents will perform and oversee property
negotiations for up to 13 parcels. The offer package documents will be
presented in person if possible. An out-of-area owner will be contacted by
telephone and by certified mail.
o Tierra will:
▪ Review, parcel map(s), title report(s) and prepare each file electronically and
physically.
▪ Prepare 13 document packages for City review, and upon approval,
promptly present document package for the required real property
interests.
▪ Document package to include AOS, conveyance instruments, exhibits and
other related acquisition documents using WSDOT/City approved forms.
o Offer Presentation: Tierra will contact the property owners and meet the
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 229 of 267
KPG, City East Wenatchee, Sterling Intermediate - Safe Routes to School
Right of Way Acquisition Services
19WR00-416.01
3
owner in person to present to discuss the project. After the package is
presented to each property owner, Tierra will attempt to make three “in-
person” meetings with a property owner and five follow up conversations,
which will be via email or phone conversation, to complete negotiations.
o Prepare file for closing.
o Prepare and maintain diaries.
o Prepare and provide status updates bi-weekly or per the request of the City/KPG.
o Upon receipt of signed conveyance documents, Tierra will forward the
documents to the City/KPG.
o Agent QA files for submittal to Project Manager.
x PROJECT MANAGEMENT
o Tierra to report acquisition status bi-weekly.
o Provide project management in coordination with City staff.
o Monitor project budget and schedule.
o Oversee Appraisal process, monitor budget and schedule.
o QC offer packages prior to submitting to KPG/City for approval.
o QC files prior to scanned submittal to the City at completion.
o Assist the City with the WSDOT Certification process.
x PROJECT SCHEDULE – It is anticipated that the project will go to construction in the
spring of 2023. Our goal is to have all rights of way acquired within nine (9) months from
the notice to proceed.
Tierra Deliverables:
x Tierra work with the title/escrow Company to obtain release documentation
from the encumbrance(s) of public record that are not acceptable to provide
clear title to the property being acquired.
x Prepare 13 acquisition files for negotiations, utilizing WSDOT approved forms.
x Provide up to three attempts in person and five follow up conversations via email
or telephone. General acquisition/negotiation communications with owner.
x Attend conference calls with the KPG/City as needed.
x Complete, QC’d parcel files, including necessary records of all ROW Acquisition services.
x Provide status reports bi-weekly or as requested.
KPG/City will provide Tierra with the following prior to the commencement of any activities:
x Any contact information for the property owners and occupants.
x Upon receipt of the title review memorandum from Tierra, the City will decide
which encumbrances need to be cleared. This may involve a discussion of risk as
related to existing Deeds of Trust and/or other monetary encumbrances.
x WSDOT approved Right of Way Plan sheets.
x Final signed legal description and parcel map exhibits for each parcel.
x Provide conveyance documents and the pertinent detail for said documents the
City prefers to use.
x Provide the project schedule updates.
and
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 230 of 267
KPG, City East Wenatchee, Sterling Intermediate - Safe Routes to School
Right of Way Acquisition Services
19WR00-416.01
4
x Parcel title reports.
The deliverable hours and cost provided contain the following assumptions:
x All mileage expenses will be invoiced to the Client at the IRS established rate. Actual
mileage may be more or less than what is estimated herein.
x A maximum of three documented attempts in person and a maximum of five additional
attempts will be over the telephone, via email, and/or mail to successfully acquire each
parcel.
x Whenever possible, owners residing locally will be presented their offers in person. Tierra
will mail offers to owners located outside of a 50-mile radius from the project area.
x There are no more than two principal owners of any parcel and that both are
geographically located very near to each other.
x Any delay in KPG/City deliverables, design or design changes will delay Tierra's project
schedule.
x Any changes in plans that impact the acquisition area after appraisal has commenced will
result in a price increase from the appraiser and a delay in the project schedule.
x If any additional parcels or work is required that is not identified in this scope of work, an
amendment will be required.
x Any vesting clouds discovered after title review may cause significant delays on conveyance
recording.
x If occupants (personal property or persons) are identified during the interview stage, Tierra
will interview that occupant at the earliest possible time and inform the City of the presence
of a displacement. The City agrees to additional charges for relocation services should this
occur and an amendment to the scope and contract will be required.
x Any change in the client’s main point of contact, project manager, or other related
leadership position will likely result in increased fees due to changes in management and
communication styles, changes in agreed to reporting, changes in forms, and the new
project team member not fully understanding the scope of work contracted for.
x Price does not include title, escrow or recording fees, survey, the development of legal
descriptions, or exhibits.
x Due to the labor shortage of experienced professionals in the industry, the pricing
contained herein is valid for 90 calendar days only.
x COVID-19 safety protocols will be adhered to.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 231 of 267
KPG, City East Wenatchee, Sterling Intermediate - Safe Routes to School
Right of Way Acquisition Services
19WR00-416.01
5
CONSULTANT FEE DETERMINATION - SUMMARY OF PROJECT COSTS
Labor Classification Hours
Direct
Salary OH Fixed Fee Total Total Amount
Project management, 13 Acquisitions
Direct Rate 136.91%30.00%Billing Rate
Division Manager 2 $ 69.72 $ 95.45 $ 20.92 $ 186.09 372.18$
ROW Division Manager 24.00 $ 59.23 $ 81.09 $ 17.77 $ 158.09 3,794.18$
Project Manager 120.00 $ 52.88 $ 72.40 $ 15.86 $ 141.14 16,937.04$
Senior Right of Way Agent 440.00 $ 45.67 $ 62.53 $ 13.70 $ 121.90 53,635.03$
Adm. Project Coordinator 75.00 $ 27.00 $ 36.97 $ 8.10 $ 72.07 5,404.93$
Right of Way Technician 130.00 $ 25.00 $ 34.23 $ 7.50 $ 66.73 8,674.58$
791 88,817.93$
Direct Reimbursables
13 AOS's
Travel (Mileage): 300 Miles 0.56$ 168.00$
Postage 20 Each 7.50$ 150.00$
Pacific Appraisal 13 Each 1,500.00$ 19,500.00$
Direct Reimbursables Subtotal:19,818.00$
Total Maximum Amount Payable 108,635.93$
Task Order Total Maximum - Rounded 108,635.93$
City of East Wenatchee, Sterling - Safe Routes
Tierra Right of Way Services, Ltd.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 232 of 267
6HSWHPEHU
7LHUUD5LJKWRI:D\6HUYLFHV/WG
(5LYHU5RDG6WH
7XFVRQ$=
6XEMHFW $FFHSWDQFH)<(,&5$XGLW2IILFH5HYLHZ
'HDU.HLWK*DQVNH
,QGLUHFW&RVW5DWH ,&5 RI RIGLUHFWODERU UDWHLQFOXGHV
)DFLOLWLHV&DSLWDO&RVWRI0RQH\ 7KLVUDWHZLOOEHDSSOLFDEOHIRU:6'27
$JUHHPHQWV DQG/RFDO$JHQF\&RQWUDFWVLQ:DVKLQJWRQ RQO\7KLVUDWHPD\EHVXEMHFW
WRDGGLWLRQDOUHYLHZLIFRQVLGHUHGQHFHVVDU\E\:6'27<RXU,&5PXVWEHXSGDWHGRQ
DQDQQXDOEDVLV
&RVWVELOOHGWRDJUHHPHQWVFRQWUDFWVZLOOVWLOOEHVXEMHFWWRDXGLWRIDFWXDOFRVWVEDVHG
RQWKHWHUPVDQGFRQGLWLRQVRIWKHUHVSHFWLYHDJUHHPHQWFRQWUDFW
7KLV ZDV QRW DFRJQL]DQW UHYLHZ $Q\ RWKHUHQWLW\ FRQWUDFWLQJZLWK \RXUILUP LV
UHVSRQVLEOHIRUGHWHUPLQLQJWKHDFFHSWDELOLW\RIWKH,&5
,I\RXKDYHDQ\TXHVWLRQVIHHOIUHHWRFRQWDFWRXURIILFHDW RUYLDHPDLO
FRQVXOWDQWUDWHV#ZVGRWZDJRY
5HJDUGV
(5,..-21621
&RQWUDFW6HUYLFHV0DQDJHU
(.- DK
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 233 of 267
6RXWK&ROXPELD6WUHHW6XLWHO:HQDWFKHH:$ ,3 O) OZZZSDFLILFHQJLQHHULQJQHW
$XJXVW
-RVK)HGRUD
.3*(QJLQHHULQJ
6RXWK:HQDWFKHH$YH6WH
:HQDWFKHH:$
352-(&7 6WHUOLQJ/XPLQDLUH)RXQGDWLRQ
3URMHFW1R6$
68%-(&7 6WUXFWXUDO(QJLQHHULQJ)HH3URSRVDO
'HDU-RVK
3HU\RXUUHTXHVWZHKDYHUHYLHZHGWKHSUHOLPLQDU\GUDZLQJVDQGLQIRUPDWLRQ\RXSURYLGHGDQG
KDYHSUHSDUHGWKHIROORZLQJ6WUXFWXUDO(QJLQHHULQJ)HH3URSRVDOIRUWKH6WHUOLQJ/XPLQDLUH
)RXQGDWLRQGHVLJQ
352-(&7'(6&5,37,21
,WLVRXUXQGHUVWDQGLQJWKDWWKHSURMHFWLQYROYHVWKHLQVWDOODWLRQRIQHZURDGZD\OXPLQDLUHVDV
SDUWRIWKH6DIH5RXWHVWR6FKRROSURMHFWIRU6WHUOLQJ,QWHUPHGLDWH0LGGOH6FKRROLQ(DVW
:HQDWFKHH:$:6'276WDQGDUG3ODQ-SURYLGHVVWDQGDUGFRQVWUXFWLRQGHWDLOVIRU
OXPLQDLUHIRXQGDWLRQVIRUOXPLQDLUHVDQGVRLOVPHHWLQJVSHFLILFUHTXLUHPHQWV7KHJHRWHFKQLFDO
UHSRUWKDVLGHQWLILHGH[LVWLQJVRLOFRQGLWLRQVWKDWGRQRWFRPSO\ZLWKWKHPLQLPXPUHTXLUHPHQWV
VSHFLILHGLQ6WDQGDUG3ODQ-DQGWKHUHIRUHVSHFLDOIRXQGDWLRQVDUHUHTXLUHGWKDWDUH
GHVLJQHGIRUWKHH[LVWLQJVRLOFRQGLWLRQV
6&23(2):25.
7KHVFRSHRIZRUNLQFOXGHVWKHIROORZLQJVWUXFWXUDOHQJLQHHULQJFRQVXOWLQJVHUYLFHV
• 5HYLHZRI6WDQGDUG3ODQ-DQGUHODWHGVWDQGDUGSODQVDQGVSHFLILFDWLRQV
• 5HYLHZRI*HRWHFKQLFDO5HSRUW
• 5HYLHZRIVSHFLILHGOXPLQDLUHV
• 'HYHORSPHQWRIFDOFXODWLRQVWRGHWHUPLQHUHTXLUHGIRXQGDWLRQVL]HDQGUHLQIRUFLQJ
• 6SHFLILFDWLRQDQGGRFXPHQWDWLRQRIFKDQJHVWRVWDQGDUGIRXQGDWLRQGHVLJQ
• &RRUGLQDWLRQDQGUHYLHZRIGUDZLQJVSURGXFHGE\.3*WRHQVXUHIRXQGDWLRQGHVLJQKDV
EHHQLQFRUSRUDWHGDFFXUDWHO\
([FOXGHGIURPWKHVFRSHRIZRUNDUH
• /XPLQDLUHSROHDQGEDVHSODWHFRQQHFWLRQGHVLJQ
• *HRWHFKQLFDO(QJLQHHULQJ
• 6XUYH\LQJ
• 6LWHYLVLWV
• &RQVWUXFWLRQGRFXPHQWVGUDZLQJVRUVSHFLILFDWLRQV
• &RQVWUXFWLRQSKDVHHQJLQHHULQJDVVLVWDQFH
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 234 of 267
-RVK)HGRUD
6WUXFWXUDO(QJLQHHULQJ)HH3URSRVDO
$XJXVW
3URMHFW1R6$
3DJHRI
'(/,9(5$%/(6
'HOLYHUDEOHVLQFOXGHVWDPSHGVWUXFWXUDOFDOFXODWLRQVDQGUHGOLQHGGUDZLQJVDQGVSHFLILFDWLRQVWR
EHGUDIWHGDQGLQFRUSRUDWHGLQWRWKHFRQVWUXFWLRQGRFXPHQWVE\.3*
6&+('8/(
:HDQWLFLSDWHDWZRWRWKUHHZHHNWXUQDURXQGIURPQRWLFHWRSURFHHG7KLVVXJJHVWHGWLPHIUDPH
UHIOHFWVRXUFXUUHQWZRUNORDG'HOD\LQDXWKRUL]DWLRQPD\UHVXOWLQDPRGLILHGVFKHGXOHHVWLPDWH
)(((67,0$7(
3D\PHQWVIRUVHUYLFHVZLOOEHRQDWLPHDQGH[SHQVHEDVLVLQDFFRUGDQFHZLWKWKHDWWDFKHG17(
5DWH6FKHGXOH$QHVWLPDWHRIWKHHQJLQHHULQJHIIRUWUHTXLUHGLVDQWLFLSDWHGLQWKHDPRXQWRI
7KHSURSRVHGIHHLVDQHVWLPDWHIRUZRUNHIIRUWOLVWHGLQWKH6FRSHRI:RUN7KHDFWXDOIHHPD\
EHJUHDWHUWKDQRUOHVVWKDQWKLVHVWLPDWH&RQVWUXFWLRQ3KDVHVHUYLFHVDUHQRWLQFOXGHGLQWKLV
SURSRVDO,IDXWKRUL]HGE\WKHFOLHQW3DFLILFZLOOSURYLGHWKHVHVHUYLFHVRQDWLPHDQGH[SHQVH
EDVLV&RQVWUXFWLRQ3KDVHVHUYLFHVLQFOXGHVKRSGUDZLQJUHYLHZUHVSRQVHWR5),VDQG
FRQWUDFWRUTXHVWLRQVVLWHYLVLWVGXULQJFRQVWUXFWLRQDQGDGGLWLRQDOGHVLJQRUUHGHVLJQDVD
UHVXOWRIFRQWUDFWRUHUURUVRUUHTXHVWV7KLVSURSRVDOLVYDOLGIRUZRUNFRPSOHWHGWKUXWKHHQGRI
:RUNSHUIRUPHGLQ\HDUVVXEVHTXHQWWRZLOOEHLQYRLFHGSHUWKHIHHVFKHGXOHFXUUHQW
WRWKH\HDULQZKLFKVHUYLFHVDUHSHUIRUPHG
7(&+1,&$/&/$5,),&$7,216
,192,&,1*
6HUYLFHVZLOOEHLQYRLFHGRQDPRQWKO\EDVLVRQDFWXDOKRXUVZRUNHG$OOLQYRLFHVDUHGXHXSRQ
UHFHLSWDQGZLOOEHDVVHVVHGDODWHSD\PHQWFKDUJHRISHUPRQWKLIQRWSDLGZLWKLQGD\V
RIWKHLQYRLFHGDWH,I3DFLILFLVQRWSDLGZKHQGXH3DFLILFPD\VXVSHQGRUWHUPLQDWHVHUYLFHV
DQGDOOFRSLHVRIDQ\UHSRUWVSODQVVSHFLILFDWLRQVDQGRWKHUGRFXPHQWVSUHSDUHGE\3DFLILF
XQGHUWKLVDJUHHPHQWZLOOEHUHWXUQHGWR3DFLILFDQGWKHVHGRFXPHQWVZLOOQRWEHUHOLHGXSRQLQ
DQ\IDVKLRQ3DFLILFUHWDLQVDOOULJKWVWRFODLPDJDLQVWSHUIRUPDQFHERQGVOLHQSURSHUW\DQG
RWKHUPHDVXUHVWRUHFHLYHSD\PHQWIRUVHUYLFHVUHQGHUHG
(;75$6(59,&(6
,IH[WUDVHUYLFHVRXWVLGHWKHVFRSHRIZRUNDUHUHTXHVWHGZHZLOOGHWHUPLQHWKHHVWLPDWHGIHHV
DVVRFLDWHGZLWKWKHH[WUDVHUYLFHVDQGFRPPXQLFDWHWKLVWR\RXVRWKDW\RXFDQGHFLGHZKHWKHU
WRDGGWKHH[WUDVHUYLFHDQGIHHVWRWKHEXGJHW,QDGGLWLRQWRWKHH[FOXGHGVHUYLFHVOLVWHGLQWKH
6&23(2):25.H[WUDVHUYLFHVWKDWDUHQRWLQFOXGHGLQWKHVFRSHRIZRUNLQFOXGHVLJQLILFDQW
FKDQJHVLQVFRSHDGGLWLRQDOUHTXHVWHGLWHPVDGGLWLRQDOGHVLJQRUUHGHVLJQDQGGHWDLOLQJ
SUHGLFDWHGRQFRQWUDFWRU¶VHUURUVRUUHTXHVW
6LQFHUHO\
0LFDK)ORUHD6(
6WUXFWXUDO(QJLQHHU3ULQFLSDO
$WWDFKPHQWV
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 235 of 267
)((6&+('8/(
/DERU&ODVVLILFDWLRQ /DERU5DWH
,QGLUHFW&RVW
5DWH )L[HG)HH 17(5DWH
6(1,25&,9,/(1*,1((5
6(1,256758&785$/(1*,1((5
6(1,25352)(66,21$/(1*,1((5
6758&785$/(1*,1((5
352)(66,21$/(1*,1((5,,,
352)(66,21$/(1*,1((5,,
352)(66,21$/(1*,1((5,
(1*,1((5,175$,1,1*,,
(1*,1((5,175$,1,1*,
7(&+1,&,$1,9
7(&+1,&,$1,,,
7(&+1,&,$1,,
7(&+1,&,$1,
352-(&7$'0,1,675$725)81',1*63(&,$/,67
6(&5(7$5<$'0,1,675$7,21
$YHUDJHODERUUDWH
(;3(16(6 &RVW
0,/($*( SHUPLOH
6RXWK&ROXPELD6WUHHW6XLWH
:HQDWFKHH:$
,
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 236 of 267
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
Page 237 of 267
-XQH
5LFK+HQGULFNVRQ3ULQFLSDO
3DFLILF(QJLQHHULQJ 'HVLJQ3//&
6&ROXPELD6W6WH
:HQDWFKHH:$
x 5H 3DFLILF(QJLQHHULQJ 'HVLJQ 3//&
6DIH+DUERU,QGLUHFW&RVW5DWH
'HDU0U+HQGULFNVRQ
:DVKLQJWRQ6WDWHKDVUHFHLYHGDSSURYDOIURPRXUORFDO)HGHUDO+LJKZD\$GPLQLVWUDWLRQ )+:$
'LYLVLRQ WRFRQWLQXHDGPLQLVWHULQJ WKH³VDIHKDUERU´LQGLUHFWFRVWUDWHSURJUDPRQHQJLQHHULQJDQG
GHVLJQUHODWHGVHUYLFHFRQWUDFWVDVZHOODVIRU/RFDO3XEOLF$JHQF\SURMHFWV
:HKDYHFRPSOHWHGRXUULVNDVVHVVPHQWIRU3DFLILF(QJLQHHULQJ 'HVLJQ 3//&:HFRQGXFWHGRXU
DVVHVVPHQWEDVHGRQWKHGRFXPHQWDWLRQSURYLGHGE\WKHILUP7KHUHYLHZHGGDWDLQFOXGHGEXWZDVQRW
OLPLWHGWRDGHVFULSWLRQRIWKHFRPSDQ\EDVLVRIDFFRXQWLQJDFFRXQWLQJV\VWHPDQGWKHEDVLVRILQGLUHFW
FRVWV%DVHGRQRXUUHYLHZ\RXUILUPLVHOLJLEOHWRXVHWKH6DIH+DUERUUDWH<RXKDYHRSWHGWRXVHWKH
6DIH+DUERUUDWHUDWKHUWKDQSURYLGHD)$5FRPSOLDQWUDWHDWWKLVWLPH
:HDUHLVVXLQJWKH6DIH+DUERU,QGLUHFW&RVW5DWHRIRIGLUHFWODERU ZLWKDILHOGUDWHZKHUH
DSSOLFDEOHRIRIGLUHFWODERU IRU 3DFLILF(QJLQHHULQJ 'HVLJQ7KH6DIH+DUERUUDWHLVHIIHFWLYH
RQ -XQH
3DFLILF(QJLQHHULQJ 'HVLJQKDVDJUHHGWRLPSURYH,QWHUQDO&RQWUROVDQGWLPHNHHSLQJSURFHVVHVWR EH
DEOHWRGHYHORSDQ,QGLUHFW&RVW5DWH6FKHGXOHLQWKHIXWXUHLQDFFRUGDQFHZLWKWKH )HGHUDO$FTXLVLWLRQ
5HJXODWLRQV )$5 6XESDUW7KH:6'27,QWHUQDO$XGLW2IILFHKDVSURYLGHGJXLGDQFHDQG
LQIRUPDWLRQUHODWHGWR)$5VDQGWKH$$6+72$XGLW*XLGH<RXPD\XVHWKH6DIH+DUERU5DWHRI
RUIRUILHOGRIILFHVLWXDWLRQVIRUDJUHHPHQWVHQWHUHG SULRUWR-XQH )RUDJUHHPHQWV
HQWHUHG DIWHUWKLVGDWHSOHDVHFRQWDFWWKH:6'27&RQVXOWDQW6HUYLFHV2IILFH &62 RURXURIILFHIRU
JXLGDQFH
7KH6DIH+DUERU5DWHZLOOQRW EHVXEMHFWWRDXGLW3OHDVHFRRUGLQDWHZLWK&62RU\RXU/RFDO3URJUDPV
FRQWDFWLI\RXKDYHTXHVWLRQVDERXWZKHQWRDSSO\WKH6DIH+DUERUUDWHWR\RXUDJUHHPHQW
,I\RXKDYHDQ\TXHVWLRQVSOHDVHFRQWDFW6WHYH0F.HUQH\RUPH DW
6LQFHUHO\
6FKDW]LH+DUYH\&3$
$JUHHPHQW&RPSOLDQFH$XGLW0DQDJHU
FF 6WHYH0F.HUQH\'LUHFWRURI,QWHUQDO$XGLW
/DUU\6FKRILHOG06
)LOH
6LQFHUHO\
6FKDW]LH +DUYH\&3$
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 238 of 267
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 239 of 267
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor Crawford and City Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Police Department Remodel – Forte Architects Professional
Services Contract
Date: 11/2/2021
I. Summary Title: Forte Architects Professional Services Contract for providing design and
construction management services associated with the City of East Wenatchee Police
Department remodel.
II. Background/History: On April 7, 2020 The City of East Wenatchee (City) executed a contract
with ARC Architects to design a new Public Works facility, and conduct a space needs
assessment for the Police Department. During this process it became clear that the current
campus would not be able to comfortably house all City Departments and meet their future
space needs. This led to the City exploring, and eventually purchasing the building at 50 Simon
Street to accommodate the Police Department.
The building is currently being leased as office space with past and present tenants including
the Council on Aging & Adult Care, and the Department of Social and Health Services. To
convert the building to a functional Police Department some remodels are necessary. Some
examples of the work required before the police can move in include evidence storage and
processing, secured parking, and removing a wall that used to separate the building into
multiple office spaces. The City will also be remodeling the upstairs to lease to future tenants.
The City published a Request for Qualifications (RFQ) for architectural services that was issued
on September 23, 2021. At the October 19, 2021 Council meeting the City Council confirmed
the selection of Forte Architects for this project, and authorized the Mayor to negotiate a
scope and fee.
III. Recommended Action: Authorize the Mayor to execute a Professional Services Agreement for
architectural design and construction management services associated with Police
Department Remodel not to exceed $197,857.
IV. Exhibits: 1. Professional Services Agreement; 2. Fee Proposal; 3. Forte 2021 Rate Schedule
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 240 of 267
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
$197,857 $1,000,000 Yes*
*Work will start prior to 2022
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 241 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 1 of 15
Professional Services Agreement for
East Wenatchee Police Department Remodel – Project No. 2021-10
1. Governing Law. The laws of the state of Washington govern how to interpret,
construe, and enforce the Agreement.
2. Parties. The parties to this Agreement are the City of East Wenatchee (“City”) and
Forte Architects (“Contractor”). The City and Contractor (together “Parties”) are
located at the below addresses and are valid for any notice required under this
Agreement:
Contractor
Lenka Slapnicka
240 N Wenatchee Ave
Wenatchee, WA 98801
(509)293-5566
lenka@fortearchitects.com
The City of East Wenatchee
Garren Melton, Public Works Manager
271 9th St. NE
East Wenatchee, WA 98802
(509) 884-9515
gmelton@eastwenatcheewa.gov
3. Term. The term of this Agreement begins on November 3, 2021 and continues until
Contractor completes the Services described in Exhibit A, but no later than
12/31/2022. The parties may extend the term of this Agreement by mutual, written
agreement.
4. Termination.
4.1. 30-day Notice. The City may terminate this Agreement, without or
without cause, upon providing Contractor with a 30-day, written notice.
4.2. Immediate. The City may terminate this Agreement immediately if
Contractor fails to maintain the required insurance policies, breaches
confidentiality, or materially violates Section 12 of this Agreement. If the City
immediately terminates this Agreement, Contractor will be ineligible for further
agreements with the City.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 242 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 2 of 15
4.3. Non-appropriation of funds. The current fiscal period is January 1,
2021 to December 31, 2021. If the East Wenatchee City Council does not
appropriate sufficient funds for any future fiscal period: the City will not be
obligated to pay for services or amounts incurred after the end of the current
fiscal period; this Agreement will terminate after Contractor completes all
remaining Exhibit A services for which funds are allocated, and the City will not
incur any penalty or expense if this provision applies.
5. Contractor’s Services. Exhibit A is attached and incorporated into this
Agreement. Contractor must perform Services specifically described in Exhibit A,
under the direction of the Mayor or her designee, in a manner consistent with the
accepted professional practices for other similar services within the North Central
Washington region, to the City’s satisfaction, and within the time period prescribed
in this Agreement. Acceptance of the Services are subject, at all times, to the City’s
inspection and approval. Contractor must cooperate with and freely participate in
any monitoring or evaluation activities conducted by the City that are pertinent to
the intent of this Agreement. If the City fails to inspect or approve, however,
Contractor must continue to perform services, notwithstanding the City’s knowledge
of defective or non-complying performance, its substantiality, or the ease of its
discovery.
6. Warranties. Contractor warrants that:
6.1. It has the requisite training, skills, and experience necessary to complete the
Services.
6.2. It is accredited and licensed by all applicable agencies and government
entities, including a City of East Wenatchee business license.
7. Compensation.
7.1. Amount. In return for Contractor performing the Services set forth in Section 5,
the City will pay Contractor an amount not to exceed $197,857.
7.2. Rates. Exhibit B is attached and incorporated into this Agreement. The
City will pay Contactor according to the rates set forth in Exhibit B. Contractor
agrees that any rates set forth in Exhibit B will remain locked and are the
negotiated rates for the Term of this Agreement.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 243 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 3 of 15
7.3. Method. Contractor will submit a monthly invoice to the City in a form
specified by the City. The monthly invoice must detail the services performed
during the month, detail the number of hours spent performing such services,
and detail any reimbursable costs and expenses incurred with performing such
services. Contractor must also submit a final invoice upon completing all
services. The City will pay only after Contractor has performed the services and
within 30 days after the appropriate City representative has approved the
invoice.
7.4. Disputed services. If the City believes in good faith that Contractor has
not satisfactorily performed a service, the City may request that Contractor
correct the service before the City pays for such service. In such event, the City
must reasonably explain to Contractor its concerns over the service and the
remedy that the City expects from Contractor. The City may withhold from any
payment otherwise due an amount that the City believes is under dispute. If
Contractor does not provide a sufficient remedy, the City may retain the amount
equal to the cost to the City for otherwise correcting or remedying the service not
satisfactorily completed.
7.5. Taxes. Contractor is solely responsible to pay any tax imposed by any
lawful jurisdiction on any compensation received under this Agreement.
7.6. Advance Payment Prohibited. The City does not accept requests for
early payment, down payment, or partial payment.
8. Indemnification.
8.1. Contractor Indemnification. Contractor agrees to release, indemnify,
defend, and hold the City, its elected officials, officers, employees, agents,
representatives, insurers, attorneys, and volunteers harmless from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses,
fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses
to or by any and all persons or entities, including, without limitation, their
respective agents, subcontractors, employees, licensees, or representatives;
arising from, resulting from, or in connection with this Agreement or the acts,
errors or omissions of Contractor in performance of this Agreement, except for
that portion of the claims caused by the City's sole negligence. Should a court of
competent jurisdiction determine that this Agreement is subject to RCW
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 244 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 4 of 15
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 Contractor and the City, Contractor's liability, including the duty
and cost to defend, hereunder is only to the extent of Contractor's negligence.
Contractor must ensure that each sub-contractor agrees to defend and indemnify
the City, its elected officials, officers, employees, agents, representatives,
insurers, attorneys, and volunteers to the extent and on the same terms and
conditions as Contractor pursuant to this paragraph. The City's inspection or
acceptance of any of Contractor’s work when completed is grounds to avoid any
of these covenants of indemnification.
8.2. Industrial Insurance Act Waiver. Contractor specifically and
expressly waives any immunity that may be granted to it under the Washington
State industrial insurance act, Title 51 RCW, solely for the purposes of this
indemnification. Contractor's indemnification is not be limited in any way by any
limitation on the amount of damages, compensation or benefits payable to or by
any third party under workers' compensation acts, disability benefit acts or any
other benefits acts or programs. The Parties acknowledge that they have
mutually negotiated this waiver.
8.3. Intellectual Property. Contractor releases and will defend, indemnify
and hold harmless the City from and against all claims, cost, liabilities, damages,
expenses (including but not limited to reasonable attorney fees) and royalties
based upon any actual or alleged infringement or misappropriate of any patent,
copyright, trade secret, trademark, or other intellectual property right by any
work. Further, if any work infringes or misappropriates any patent, copyright,
trade secret, trademark or other intellectual property right, Contractor must
either (a) procure for the City the right to use such work; or (b) modify work so
that it no longer infringes or misappropriates any such right.
8.3.1. Copyrights and use of Materials. Contractor hereby assigns to
the City all right, title, and interest, including, but not limited to, copyright
and all copyright rights, in all Materials created by Contractor in its
performance under this Agreement and/or delivered to the City hereunder
and must execute any documents necessary to effectuate such assignment. If
Contractor uses any individual who is not a full-time employee of Contractor
or entity to perform any work required of it pursuant to this Agreement,
Contractor must require said individual or entity to sign an agreement
containing identical wording as the foregoing with the exception that word
“Contractor” is to be replaced with the individual’s or entity’s name.
Materials constitute all written and other tangible expressions, including, but
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 245 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 5 of 15
not limited to, drawings, documents, reports, surveys, renderings, exhibits,
models, prints, photographs, etc. All Materials furnished by the Contractor
hereunder are the property of the City. If either party terminates this
Agreement for any reason, the City has the right to receive, and Contractor
must promptly provide to the City, all drawings, documents, reports, surveys,
renderings, exhibits, models, prints, photographs, and other materials
prepared by the City for the Services. In the event of termination, and
notwithstanding any dispute regarding the amount to be paid under this
Agreement, the City retains the right to receive and use any such documents
or materials.
8.4. City Indemnification. The City agrees to release, indemnify, defend and
hold Contractor, its officers, directors, shareholders, partners, employees,
agents, representatives, and sub-contractors harmless from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings,
judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties
expenses, attorney’s fees, costs, and/or litigation expenses to or by any and all
persons or entities, including without limitation, their respective agents,
licensees, or representatives, arising from, resulting from or connected with this
Agreement to the extent solely caused by the negligent acts, errors, or omissions
of the City.
8.5. Survival. Each provision of Section 8 survives the expiration or
termination of this Agreement with respect to any event occurring prior to such
expiration or termination.
9. Insurance. Contractor must carry insurance for liability which may arise from or in
connection with the performance of the Services or work by Contractor, its agents,
representatives, employees or subcontractors for the duration of the Agreement and
thereafter with respect to any event occurring prior to such expiration or termination
as follows:
9.1. Minimum Limits. Contractor agrees to carry as a minimum, the
following insurance, in such forms and with such carriers who have a rating that
is satisfactory to the City:
9.1.1. Commercial general liability insurance covering liability arising from
premises, operations, independent contractors, products-completed
operations, stop gap liability, personal injury, bodily injury, death, property
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 246 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 6 of 15
damage, products liability, advertising injury, and liability assumed under
an insured contract with limits no less than $1,000,000 for each occurrence
and $1,000,000 general aggregate.
9.1.2. Workers' compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington.
9.1.3. Automobile liability insurance covering all owned, non-owned, hired and
leased vehicles with a minimum-combined-single limits in the minimum
amounts required to drive under Washington State law per accident for
bodily injury, including personal injury or death, and property damage.
9.1.4. Professional liability insurance with limits no less than $1,000,000 per
claim and $1,000,000 policy aggregate for damages sustained by reason of
or in the course of operation under this Agreement, whether occurring by
reason of acts, errors or omissions of Contractor.
9.2. No Limit of Liability. Contractor’s maintenance of insurance as
required by the agreement does not limit the liability of Contractor to the
coverage provided by such insurance, or otherwise limit the City’s recourse to
any remedy available at law or in equity. Contractor’s insurance coverage is the
primary insurance as respect the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City is in excess of Contractor’s
insurance and does not contribute with it.
9.3. Additional Insured, Verification. The City must be named as
additional insured on all commercial general liability insurance policies.
Concurrent with the execution of this Agreement, Contractor must provide
certificates of insurance for all commercial general liability policies attached
hereto as Exhibit C and incorporated by this reference. At the City's request,
Contractor must furnish the City with copies of all insurance policies and with
evidence of payment of premiums or fees of such policies. If Contractor's
insurance policies are "claims made," Contractor is required to maintain tail
coverage for a minimum period of three years from the date this Agreement is
actually terminated or upon project completion and acceptance by the City.
9.4. Survival. Each provision of Section 9 survives the expiration or
termination of this Agreement with respect to any event occurring prior to such
expiration or termination.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 247 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 7 of 15
10. Independent Contractor. Contractor is an independent contractor. No
employee relationship with the City and Contractor, its agents, employees,
subcontractors is implied or created through this Agreement or performance of the
Services. Contractor is responsible for the performance of any work performed by its
subcontractors and agents as if it had performed the work itself.
10.1. Control. Contractor has the ability to control and direct the performance
and details of its work and is solely responsible for the results obtained through
performance of the services. And the City is interested only in the results
obtained under this Agreement.
10.2. Benefits. The City is neither liable, nor obligated to pay Contractor,
Contractor’s employees, or Contractor’s agents sick leave, vacation pay, or
holiday pay. The City is neither liable, nor obligated to pay Contractor,
Contractor’s employees, or Contractor’s agents any social security or other tax or
any other benefit of employment which may arise as an incident of employment.
10.3. Safety. Contractor must take all necessary precautions and is responsible
for the safety of its employees, agents, and subcontractors in the performance of
the contract work and must utilize all protection necessary for that purpose. All
work is done at Contractor’s own risk, and Contractor is responsible for any loss
of or damage to materials, tools, or other articles used or held for use in
connection with the work.
10.4. Taxes. Contractor must pay all income and other taxes due except as
specifically set forth in this Agreement.
10.5. Insurance. Industrial or any other insurance that is purchased for the
benefit of the City, regardless of whether such may provide a secondary or
incidental benefit to Contractor, does not convert this Agreement into an
employment contract.
10.6. Notice. If Contractor is a sole proprietorship or if this Agreement is with
an individual, Contractor agrees to notify the City and complete any required
form if Contractor is retired under a State of Washington retirement system and
agrees to indemnify any losses the City may sustain through Contractor’s failure
to do so.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 248 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 8 of 15
11. Property and Confidential Information. Without the prior, written consent of
the City, Contractor may not disclose to third parties information that is not
otherwise subject to public disclosure unless: (1) The information is lawfully known
to Contractor prior to the effective date of this Agreement; (2) The information is in
the public domain prior to the time of disclosure by Contractor other than through a
breach of this Agreement or through other acts or omissions of Contractor; or (3)
The information is received by Contractor from a third party who does not have an
obligation to keep the same confidential.
12. Work Product. All work product, including records, files, documents, plans,
computer disks, magnetic media or material which may be produced or modified by
Contractor while performing services pursuant to this Agreement belongs to the City.
At the termination of this Agreement, Contractor must deliver copies of files
containing the written record of Contractor's work. Until at least 12 months
following final payment, Contractor must provide the City prompt access to (and the
City has the right to examine, audit and copy) all of Contractor's books, documents,
papers and records related to the work.
13. Conflict of Interest. The Parties recognize that Contractor may perform
professional services during the Term for other entities. Contractor agrees, however,
that it may not perform other professional services during the Term that conflict
with or interfere with Contractor’s ability to perform Services. Contractor agrees to
resolve any conflict of interest that may arise in the City’s favor. Contractor confirms
that it does not have and will not enter into a business interest or a family
relationship with any elected official or employee of the City or has already disclosed
such business interest or family relationship to City. Should such a business interest
or family relationship become evident after the Agreement is formed, contractor
must disclose that business interest or family relationship to City in a timely manner.
14. Books and Records. Contractor agrees to maintain books, records, and
documents which sufficiently and properly reflect all direct and indirect costs related
to the performance of the Services and maintain such accounting procedures and
practices as may be deemed necessary by the City to assure proper accounting of all
funds paid pursuant to this Agreement. Contractor records shall include but not be
limited to accounting records (hard copy, as well as computer readable data if it can be
made available); contracts; payroll records; subconsultant agreements; vendor
agreements; purchase orders; leases; original estimates; estimating work sheets;
correspondence; receipts; memoranda; and any other supporting evidence deemed
necessary to substantiate charges under this agreement. These records are subject, at
all reasonable times, to inspection, review or audit by the City, its authorized
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 249 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 9 of 15
representative, the State Auditor, or other governmental officials authorized by law
to monitor this Agreement.
15. Public Records Act.
15.1. Contractor understands and agrees that the records it obtains or produces
under this Agreement are public records under chapter the Public Records Act
(42.56 RCW).
15.2. Contractor agrees to keep and maintain the records it obtains or produces
under this Agreement for 6 years after the termination of this Agreement.
15.3. Contractor must cooperate in a timely manner with the City in responding
to a public records request for records obtained or produced under this
Agreement or the services provided under this Agreement. Such cooperation
includes searching all records regarding the Services described in Section 5 and
Exhibit A of this Agreement and producing all records that are potentially
responsive to a public records request to the City.
15.4. Contractor may not charge the City for the time spent gathering and
producing records pursuant to a public records request.
15.5. Contractor agrees to pay the City for any damages, attorney’s fees, or costs
that the City incurs if Contractor fails to produce a timely, responsive record to a
public records request.
15.6. Survival. Each provision of Section 15 survives the expiration or
termination of this Agreement.
16. Equal Opportunity Employer. In all services, programs, activities, hiring, and
employment made possible by or resulting from this Agreement or any subcontract,
there must be no discrimination by Contractor or its subcontractors of any level, or
any of those entities’ employees, agents, subcontractors, or representatives against
any person because of sex, sexual orientation, age (except minimum age and
retirement provisions), race, color, religion, creed, color, national origin, marital
status, honorably discharged veteran or military status, or the presence of any
disability, including sensory, mental or physical handicaps, unless based upon a
bona fide occupational qualification in relationship to hiring and employment. This
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 250 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 10 of 15
requirement applies, but not be limited to the following: employment, advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. Contractor must comply with and must not
violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of
1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of
1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law
or regulation regarding non-discrimination.
17. Social Equity Requirements. During the performance of this Agreement,
Contractor, for itself, its assigns and successors in interest agree as follows:
17.1. Compliance with Regulations. Contractor must comply with the
Regulations relative to nondiscrimination in federally assisted programs of the
United States Department of Transportation (“USDOT”), Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time.
17.2. Nondiscrimination. With regard to the work performed by Contractor,
Contractor must not discriminate on the grounds of race, color, age, sex, marital
status, sexual orientation, gender identity, creed, religion, ancestry, national
origin, honorably discharge veteran or military status, or the presence of or any
sensory, mental, or physical handicap, unless based upon a bone fide
occupational qualification, in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. Contractor must
not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of Title 49 of the Federal Regulations.
17.3. Courtesy. Contractor will ensure that its respective employees,
agents, and subcontractors conduct themselves in a courteous and expeditious
manner. The use of abusive, indecent, offensive, coarse, or insulting language, or
any form of harassment is prohibited and will not be tolerated. Contractor’s
employees, agents, and subcontractors will be competent and hold appropriate
licenses and endorsements. The City may require the removal of any employee
or subcontractor of Contractor for misconduct or incompetent or negligent
performance. Such persons will not be allowed to perform services under this
Contract without the written consent of the City.
17.4. Information and Reports. Contractor must provide all information
reports required by the Regulations or directives issued pursuant thereto, and
must permit access to his books, records, counts, or other sources of information
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 251 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 11 of 15
and its facilities as may be determined by the contracting agency or the
appropriate Federal agency to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of
Contractor is in the exclusive possession of another who fails or refuses to
furnish this information, Contractor must so certify to WSDOT or the USDOT as
appropriate, and must set forth what efforts were made to obtain the
information.
17.5. Sanctions for noncompliance. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract, the
contracting agencies will impose such contract sanctions as it or the USDOT may
determine to be appropriate, including, but not limited to:
17.5.1. Withholding of payments to Contractor under the Agreement until
Contractor complies, and/or;
17.5.2. Cancellation, termination, or suspension of contract, in whole or in part.
18. Venue. The venue for any legal dispute regarding this Agreement is Douglas
County Superior Court.
19. Dispute Resolution. The parties mutually intend to establish procedures to
facilitate the informal and inexpensive resolution of all disputes arising under this
Agreement, by mutual cooperation and without resort to litigation. Accordingly, all
disputes involving this transaction, or between the parties hereto with respect to the
subject matter hereof, must be resolved in a final and binding manner in accordance
with the following procedures. Whether or not mediation/arbitration is under way,
any party may have full access to the courts to compel compliance with the
provisions of this Article and to enforce or confirm an arbitration award.
19.1. Negotiation. The parties agree to first attempt to negotiate a mutually
satisfactory resolution to the dispute as follows:
19.1.1. The complaining party must notify (in the manner required in this
Agreement) the other parties of the alleged dispute, controversy, claim or
breach of contract (hereinafter “Dispute’) by explaining in writing the nature
of the Dispute, and referring to the relevant paragraphs of this Agreement
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 252 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 12 of 15
upon which it bases its position regarding the Dispute. The complaining
party must also set forth in such notice a proposed solution to the Dispute;
19.1.2. The parties receiving such notice must respond by notice individually to
the complaining party within twenty days of the effective date of the
complaining party’s notice, with an explanation of its defensive position, if
any, including references to the relevant paragraphs of the Agreement and a
response to the proposed solution; and
19.1.3. Within twenty days following notice of this defensive response, the parties
must meet and discuss options for resolving the Dispute; the complaining
party must initiate the scheduling of this resolution meeting. In the event a
party fails to cooperate in scheduling the resolution meeting, then the
complaining party may elect to skip the negotiation and mediation
procedures and immediately proceed with arbitration.
19.1.4. Mediation. If the parties are unable to satisfactorily resolve the Dispute
through such negotiation, mediation must be held within thirty days of an
unsuccessful resolution meeting. The mediation will be governed by and
under the then-applicable rules of JAMS/Endispute (“JAMS”) in Chelan
County. The complaining party must contact JAMS to schedule the
mediation. The parties may agree on a mediator from the JAMS panel. If
they are unable to agree, the parties will request JAMS to designate a
mediator for the Parties.
20. General Provisions.
20.1. Interpretation and Modification. This Agreement, together with any
attached Exhibits, contains all of the agreements of the Parties with respect to
any matter covered or mentioned in this Agreement. No prior statements or
agreements, whether oral or written, are effective for any purpose. Should any
language in any Exhibits to this Agreement conflict with any language in this
Agreement, the terms of this Agreement prevail. The respective captions
contained in this Agreement are inserted for convenience of reference only and
do not modify or otherwise affect any of the provisions of this Agreement. If a
provision of this Agreement is declared invalid, inoperative, null and void, or
illegal, all other provisions of this Agreement remain in full force and effect. Any
act done by either Party prior to the effective date of the Agreement that is
known by the other party and is consistent with the authority of the Agreement
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 253 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 13 of 15
and compliant with the terms of the Agreement, is hereby ratified as having been
performed under the Agreement. Neither party may amend, waive, or modify a
provision of this Agreement, except by written agreement signed by duly
authorized representatives of the Parties.
20.2. Assignment and Beneficiaries. Neither Contractor nor the City has
the right to transfer or assign, in whole or in part, any or all of its obligations and
rights hereunder without the prior written consent of the other Party. If the non-
assigning party gives its consent to any assignment, the terms of this Agreement
continue in full force and effect and no further assignment may be made without
additional written consent. Subject to the foregoing, the rights and obligations of
the Parties inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns. This Agreement is made and entered
into for the sole protection and benefit of the Parties hereto. No other person or
entity has any right of action or interest in this Agreement based on any
provision set forth herein.
20.3. Compliance with Laws. Contractor must comply with and perform the
Services in accordance with all applicable federal, state, local, and city laws
including, without limitation, all City codes, ordinances, resolutions, regulations,
rules, standards and policies, as now existing or hereafter amended, adopted, or
made effective.
20.4. Enforcement. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates
set forth in Exhibit A is essential to Contractor's performance of this Agreement.
Any notices required to be given by the Parties must be delivered at the
addresses set forth at the beginning of this Agreement. Any notices must be
deposited in the United States mail, postage prepaid, to the address set forth
above and must be emailed to the address set forth above. Any notice so posted
in the United States mail is deemed received three days after the date of mailing.
Any remedies provided for under the terms of this Agreement are not intended
to be exclusive but are cumulative with all other remedies available to the City at
law, in equity or by statute. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained in this
Agreement, or to exercise any option conferred by this Agreement in one or more
instances is not a waiver or relinquishment of those covenants, agreements or
options, and the same remain in full force and effect. Failure or delay of the City
to declare any breach or default immediately upon occurrence does not waive
such breach or default. Failure of the City to declare one breach or default does
not act as a waiver of the City's right to declare another breach or default.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 254 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 14 of 15
20.5. No Gifts and Gratuities. Contractor may not offer, nor may a City
employee or official accept gifts, gratuities, loans, trips, favors, special discounts,
work, or anything of economic value in conjunction with the City business
practices. Contractor and City employees and City officials must strictly adhere
to the statutes and ordinances for ethics in contracting and purchasing,
including the City Ethics Code, RCW 42.23 (Code of Ethics for Municipal
Officers) and RCW 42.52 (Ethics in Public Service). This is applicable to any
business practice, whether a contract condition, bid practice, or at any activity
related to the City business.
20.6. Personal Liability. The parties agree that no official, officer, employee,
or agent of the City is in any way liable or responsible for any covenant or
Contract herein contained whether express or implied, nor for any statement of
representation made herein or in any connection with this Contract.
20.7. Attorney’s Fees. If any legal action or other proceeding is brought for
the enforcement of this Agreement, or because of an alleged dispute, breach,
default, or misrepresentation in connection with any of the provisions of this
Agreement, the substantially prevailing party is entitled to recover reasonable
attorney’s fees and other costs incurred in that action, arbitration or proceeding.
OR If either Party brings any claim or lawsuit arising from this Agreement, each
Party must pay all its legal costs and attorney's fees and expenses incurred in
defending or bringing such claim or lawsuit, including all appeals, in addition to
any other recovery or award provided by law; provided, however, nothing in this
paragraph limits the Parties’ rights to indemnification under Section 8 of this
Agreement.
20.8. Execution. Each individual executing this Agreement on behalf of the
City and Contractor represents and warrants that such individual is duly
authorized to execute and deliver this Agreement. This Agreement may be
executed in any number of counterparts, each of which will be deemed an
original and with the same effect as if all Parties hereto had signed the same
document. All such counterparts will be construed together and constitute one
instrument, but in making proof hereof it is only be necessary to produce one
such counterpart. The signature and acknowledgment pages from such
counterparts may be assembled together to form a single instrument comprised
of all pages of this Agreement and a complete set of all signature and
acknowledgment pages. The date upon which the last of all of the Parties have
executed a counterpart of this Agreement is the “date of mutual execution”
hereof.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 255 of 267
Professional Services Agreement for
East Wenatchee Police Department Remodel (2021-10)
Page 15 of 15
20.9. Survivability. The obligation of Contractor under all provisions of this
Agreement, which may reasonably be interpreted or construed as surviving the
completion, termination, or cancellation of this Contract, survives the
completion, termination, or cancellation of this Contract.
City of East Wenatchee
Signature:
____________________________
Mayor Jerrilea Crawford
Date:________________________
ATTEST:
____________________________
City Clerk Maria Holman
FORTE ARCHITECTS, INC
Signature:
______________________________________
Lenka Slapnicka
Date: __________________________________
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 256 of 267
Exhibit A11/2/2021 COUNCIL MEETING AGENDA PACKET Page 257 of 267
Exhibit A11/2/2021 COUNCIL MEETING AGENDA PACKET Page 258 of 267
Exhibit A11/2/2021 COUNCIL MEETING AGENDA PACKET Page 259 of 267
Exhibit A11/2/2021 COUNCIL MEETING AGENDA PACKET Page 260 of 267
Exhibit A11/2/2021 COUNCIL MEETING AGENDA PACKET Page 261 of 267
2021 RATE SCHEDULE
Hourly Billing Rate Subject to Change 2022
TIME CLASSIFICATION BY PERSONNEL CODE RATE
Clerical or Apprentice Draftsman 1 67.00/hr
Draftsman/Designer/Technician 2 92.00/hr
Staff Architect/Designer/Planner 3 106.00/hr
Project Architect or Planner 4 127.00/hr
Principal 5 150.00/hr
Any of the above personnel rates may involve several and diverse activities, such as Design, Field
Inspection, Research, Conferences, etc. Rates are based on a multiple of the average salaries of
personnel classifications, and an operational structure that endeavors to utilize each person at his
optimum effectiveness.
OUTSIDE CONSULTANT’S TIME (Structural, Mechanical, or Electrical Engineers, etc.) is charged at
Consultant’s cost to Forte Architects, plus a multiple of 1.10 times the expense incurred for taxes and
overhead factor.
TRAVEL TIME is charged at the reduced rate(s) of Code 4 for Principals, Code 3 for Project Architects,
Code 2 for Staff Architects and Code 1 for all other personnel.
REIMBURSABLE EXPENSES: The following expenses, when incurred by the Architect or his
consultant in service to the client, are charged to the client:
.1 Transportation and authorized out-of-town travel and subsistence beyond a 25mile radius from
Architect’s office;
.2 Fees paid for securing approval of authorities having jurisdiction over the Project;
.3 Printing, reproductions, plots, standard form documents;
.4 Postage, handling and delivery;
.5 Renderings, models, mock-ups, professional photography, and presentation materials
requested by the Owner;
.6 Architect’s or Architect’s Consultant’s expense of professional liability insurance dedicated
exclusively to this Project, or the expense of additional insurance coverage or limits if the
Owner requests such insurance in excess of that normally carried by the Architect or Architect’s
consultants;
.7 All taxes levied on professional services and on reimbursable expenses;
.8 Site office expenses; and
.9 Other similar Project-related expenditures.
Reimbursable expenses, except Item 1, travel and Item 3, in-house reproductions, compensation shall
be computed as a multiple of 1.10 times the expense incurred for taxes and overhead factor.
Full payment is due within 30 days from date of invoice. A service charge of 1% per month (annual
rate 12%) will be assessed on balances 30 days past due.
Exhibit B 11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 262 of 267
Number of Investigated Incidents Additional Information
July 97 183
August 115 $4,860
September 113 1
Total 325 $0
$0
$0
$0
Number of Phone Calls Received:
Investigations of Interest
5
0
0
4
Number of Animals Received
Dogs Cats Others
23 98 2
45 121 6
Seized 1 0 0
17 72 3
Return to Owner 38 5 0
2
Animal Bites
Trap Neuter Release
Owner Surrender
Stray
Adoption
Intake/Outcome
City of East Wenatchee - Quarterly Reports
3rd Quarter - 2020
Citations Issued
Dangerous Dogs
Potentially Dangerous Dogs
Licenses Issued
License Fees
Animals Impounded
Impoud Fees
Boarding Fees
Redemption Fees
Vaccination Fees
778
1474 S Wenatchee Avenue
Wenatchee WA 98801
509-662-9577 Ext 1
Fax: 509-662-7612
Wenatchee Valley Animal Care & Control
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 263 of 267
From:Trautmann, Cara
Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 10.18.2021
Date:Monday, October 18, 2021 9:51:01 AM
Attachments:image002.png
This letter will serve as notice that on or around November 15, 2021, Spectrum Pacific West, LLC
(“Spectrum”), will launch Tennis Channel on Spectrum Lifestyle TV & Spectrum Stream TV tier of
service on channel 421 SD & 810 HD on the channel line-up serving your community.
To view a current Spectrum channel lineup visit www.spectrum.com/channels.
If you have any questions about this change, please feel free to contact me at 360.936.0522 or via
email at stafford.strong@charter.com.
Sincerely,
Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522
222 NE Park Plaza Drive, #231| Vancouver, WA 98684
E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are
intended solely for the addressee(s) and may contain confidential and/or legally privileged
information. If you are not the intended recipient of this message or if this message has been
addressed to you in error, please immediately alert the sender by reply e-mail and then delete this
message and any attachments. If you are not the intended recipient, you are notified that any use,
dissemination, distribution, copying, or storage of this message or any attachment is strictly
prohibited.
Colville, Oroville
The contents of this e-mail message and
any attachments are intended solely for the
addressee(s) and may contain confidential
and/or legally privileged information. If you
are not the intended recipient of this message
or if this message has been addressed to you
in error, please immediately alert the sender
by reply e-mail and then delete this message
and any attachments. If you are not the
intended recipient, you are notified that
any use, dissemination, distribution, copying,
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 264 of 267
or storage of this message or any attachment
is strictly prohibited.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 265 of 267
From:Trautmann, Cara
Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 10.25.2021
Date:Monday, October 25, 2021 2:40:23 PM
Attachments:image002.png
image004.jpg
This letter will serve as notice that on or around November 25, 2021, Spectrum Pacific West, LLC
(“Spectrum”), will launch EPIX Drive-In HD, EPIX Hits HD and EPIX2 HD on the channel line-up serving
your community.
To view a current Spectrum channel lineup visit www.spectrum.com/channels.
If you have any questions about this change, please feel free to contact me at 360.936.0522 or via
email at stafford.strong@charter.com.
Sincerely,
Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522
222 NE Park Plaza Drive, #231| Vancouver, WA 98684
E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are
intended solely for the addressee(s) and may contain confidential and/or legally privileged
information. If you are not the intended recipient of this message or if this message has been
addressed to you in error, please immediately alert the sender by reply e-mail and then delete this
message and any attachments. If you are not the intended recipient, you are notified that any use,
dissemination, distribution, copying, or storage of this message or any attachment is strictly
prohibited.
The contents of this e-mail message and
any attachments are intended solely for the
addressee(s) and may contain confidential
and/or legally privileged information. If you
are not the intended recipient of this message
or if this message has been addressed to you
in error, please immediately alert the sender
by reply e-mail and then delete this message
and any attachments. If you are not the
intended recipient, you are notified that
any use, dissemination, distribution, copying,
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 266 of 267
or storage of this message or any attachment
is strictly prohibited.
11/2/2021 COUNCIL MEETING AGENDA PACKET
Page 267 of 267