HomeMy WebLinkAbout4/5/2022 - 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.)
4/5/2022 Council Meeting Agenda Page 1 of 3
East Wenatchee City Council Meeting
Tuesday, April 5, 2022
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/89586055471
Phone-in option for the meeting: 253 215 8782, Meeting ID:
895 8605 5471
AGENDA
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1. Consent Items:
Vouchers:
a. Date: 4/5/2022, Checks: 56450-56499, 56726-56755, in the amount of $391,104.28.
Pg. 4
Minutes:
b. 3/15/2022 Council Meeting Minutes. Pg. 31
Motion by City Council to approve 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. Presentations.
a. Douglas County PUD Update presented by Douglas County PUD General Manager
Gary Ivory.
4. Department Report. None.
5. Mayor’s Report.
a. Miguel Valdez 5-Years Public Service Award – Certificate of Recognition. Pg. 36
b. Sergio Martinez 5-Years Public Service Award – Certificate of Recognition. Pg. 37
c. City of East Wenatchee Proclamation ending the Civil Emergency declaration. Pg. 38
d. 2022 Misawa Japan trip has been canceled.
e. Flywheel Investment Conference tickets for May 19, 2022.
f. Annexation Letter mailing.
04/05/2022 City Council Meeting Agenda Packet. Page 1 of 141
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.)
4/5/2022 Council Meeting Agenda Page 2 of 3
6. Action Items.
a. First reading of Ordinance 2022-11, amending chapter 8.16 of the East Wenatchee
Municipal Code to allow sales and discharge of fireworks within the City for New
Year’s and prohibit the sales and discharge of fireworks at all other times, except for
licensed public displays – Sean Lewis, Assistant City Attorney. Pg. 39
Request to suspend the second reading of Ordinance 2022-11.
Motion by the City Council to approve Ordinance 2022-11, amending chapter 8.16
of the East Wenatchee Municipal Code to allow sales and discharge of fireworks
within the City for New Year’s and prohibit the sales and discharge of fireworks at
all other times, except for licensed public displays as presented herein.
b. Resolution 2022-12, authorizing the Mayor to execute an agreement between the
City of East Wenatchee and the City of Wenatchee for use of the City of Wenatchee
Decant Facility – Garren Melton, Public Works Manager. Pg. 48
Motion by the City Council to approve Resolution 2022-12, authorizing the Mayor
to execute an agreement between the City of East Wenatchee and the City of
Wenatchee for use of the City of Wenatchee Decant Facility.
c. Resolution 2022-13, authorizing the Mayor to execute a consultant agreement
between the City of East Wenatchee and RH2 Engineering for the Grant Road
Preservation and Rehabilitation Projects 2021-05 and 2021-06 – Garren Melton,
Public Works Manager. Pg. 58
Motion by the City Council to approve Resolution 2022-13, authorizing the Mayor
to negotiate and sign a consultant agreement with RH2 Engineering, contingent on
WSDOT approval.
d. Resolution 2022-17, authorizing the Mayor to execute an Interlocal Agreement
between the City of East Wenatchee and Douglas County for Douglas County to
develop an Emergency Management Plan and provide services required under RCW
38.52 on behalf of East Wenatchee– Sean Lewis, Assistant City Attorney. Pg. 115
Motion by the City Council to approve Resolution 2022-17, authorizing the Mayor
to sign an Interlocal Agreement between the City and Douglas County for
Emergency Management Planning Services.
e. Resolution 2022-18, authorizing the Mayor to execute contract supplement #3
between the City of East Wenatchee and ARC Architects for additional design and
estimating services associated with the East Wenatchee City Hall Campus
Improvements Project Number 2019-11 – Garren Melton, Public Works Manager.
Pg. 122
Motion by the City Council to approve Resolution 2022-18, authorizing the Mayor
to execute supplemental agreement #3 with ARC Architects for additional design
services as presented.
04/05/2022 City Council Meeting Agenda Packet. Page 2 of 141
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.)
4/5/2022 Council Meeting Agenda Page 3 of 3
f. City Hall Campus Improvements Project Number 2019-11, Notice of Award to
apparent low bidder, Halme Builders, Inc., $5,415,122.00 – Garren Melton, Public
Works Manager. Pg. 134
Motion by City Council to award the City Hall Campus Improvements Project
Number 2019-11 construction bid to Halme Builders, Inc., in the amount of
$5,415,122.00.
7. Council Reports & Announcements.
a. Reports/New Business of Council Committees
8. Adjournment.
04/05/2022 City Council Meeting Agenda Packet. Page 3 of 141
CHECKS 56450-56499 56726-56755
VOIDED CHECKS: None
DEPARTMENT/FUND AMOUNT
General Fund 001 $101,473.02
Rainy Day Fund 002 $0.00
Street Fund 101 $8,292.20
Community Dev Grants Funds 102 $0.00
Affordable Housing Tax Fund 103 $0.00
Housing & Related Services Fund 104 $0.00
Transportation Benefit District Fund 105 $0.00
SWAT Fund 107 $12,800.00
Library Fund 112 $93.77
Hotel/Motel Tax Fund 113 $8,000.00
Drug Fund 114 $0.00
Criminal Justice Fund 116 $0.00
Events Board Fund 117 $1,376.54
Bond Redemption Fund 202 $0.00
Street Improvements Fund 301 $50,708.42
Capital Improvements Fund 314 $28,790.66
Stormwater Fund 401 $19,977.84
Equipment R&R Fund 501 $159,195.83
Cafeteria Plan 634 $0.00
Custodial Activities 635 $396.00
Grand Total All Funds $391,104.28
CITY OF EAST WENATCHEE
CHECK REGISTER
April 1, 2022 Payables
04/05/2022 City Council Meeting Agenda Packet. Page 4 of 141
Fund Number Description Amount
001 General Fund $101,473.02
101 Street Fund $8,292.20
107 SWAT Fund $12,800.00
112 Library Fund $93.77
113 Hotel/Motel Tax Fund $8,000.00
117 Events Board Fund $1,376.54
301 Street Improvements Fund $50,708.42
314 Capital Improvements Fund $28,790.66
401 Stormwater Fund $19,977.84
501 Equipment Purchase, Repair & Replacement Fund $159,195.83
635 Custodial Activities Fund $396.00
Count: 11 $391,104.28
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2022 - April 2022 - April 2022 1st Council
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East Wenatchee - Fund Transaction Summary
04/05/2022 City Council Meeting Agenda Packet. Page 5 of 141
Vendor Number Reference Account Number Description Amount
911 Supply Inc
56468 2022 - April 2022 - April 2022 1st Council
INV-2-17117
Small Tools & Equip
001-000-210-521-10-35-00 Small Tools & Equipment $315.45
Total INV-2-17117 $315.45
INV-2-17150
Small Tools & Equip
001-000-210-521-10-35-00 Small Tools & Equipment $491.02
Total INV-2-17150 $491.02
INV-2-17367
Small Tools & Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $1,428.72
Total INV-2-17367 $1,428.72
Total 56468 $2,235.19
56462-1 2022 - April 2022 - April 2022 1st Council
Invoice - 3/14/2022 2:43:04 PM
03.01.2022 911 Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $1,723.39
Total Invoice - 3/14/2022 2:43:04 PM $1,723.39
Total 56462-1 $1,723.39
Total 911 Supply Inc $3,958.58
AG Supply Company INC
56463 2022 - April 2022 - April 2022 1st Council
486830
Supplies
001-000-180-518-30-35-00 Small Tools & Equipment $69.08
Total 486830 $69.08
486853
Supplies
001-000-180-518-30-35-00 Small Tools & Equipment $15.17
Total 486853 $15.17
486863
Supplies
001-000-180-518-30-35-00 Small Tools & Equipment $27.73
Total 486863 $27.73
Voucher Directory
Fiscal: : 2022 - April 2022
Council Date: : 2022 - April 2022 - April 2022 1st Council
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 6 of 141
Vendor Number Reference Account Number Description Amount
486875
Supplies
101-000-420-542-30-30-00 Supplies - Roadway $13.29
Total 486875 $13.29
486904
Repairs
001-000-180-518-30-48-00 Repairs & Maintenance $48.71
Total 486904 $48.71
486951
Bridge
101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $101.25
Total 486951 $101.25
486977
Supplies
401-000-008-531-00-30-05 Supplies - NPDES PPGH $21.67
Total 486977 $21.67
487188
Supplies
101-000-420-542-75-30-00 Supplies - City Parks $38.12
Total 487188 $38.12
487214
Supplies
101-000-420-542-75-30-00 Supplies - City Parks $15.71
Total 487214 $15.71
487218
Supplies
001-000-180-518-30-35-00 Small Tools & Equipment $10.83
Total 487218 $10.83
487256
Supplies
101-000-420-542-75-30-00 Supplies - City Parks $31.41
Total 487256 $31.41
487289
Repairs
001-000-180-518-30-48-00 Repairs & Maintenance $12.57
Total 487289 $12.57
Invoice - 3/14/2022 11:04:16 AM
Supplies
101-000-420-542-66-30-00 Supplies - Snow & Ice Control $1,750.28
Total Invoice - 3/14/2022 11:04:16 AM $1,750.28
Invoice - 3/14/2022 11:05:09 AM
Fuel Consumed
001-000-210-521-10-32-00 Fuel Consumed $4,670.92
Total Invoice - 3/14/2022 11:05:09 AM $4,670.92
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 7 of 141
Vendor Number Reference Account Number Description Amount
Invoice - 3/17/2022 12:12:14 PM
Fuel
401-000-008-531-00-30-07 Fuel $20.79
Total Invoice - 3/17/2022 12:12:14 PM $20.79
Total 56463 $6,847.53
Total AG Supply Company INC $6,847.53
Airespring Inc
56469 2022 - April 2022 - April 2022 1st Council
158069056
Telephone Line 03.01.2022
001-000-141-514-20-42-01 Telephone Line Charges $1,133.35
Total 158069056 $1,133.35
Total 56469 $1,133.35
Total Airespring Inc $1,133.35
Alan J. Key dba: CWPI LLC.
56470 2022 - April 2022 - April 2022 1st Council
Invoice - 3/17/2022 12:28:59 PM
Kevin Hernandez CWPI
001-000-210-521-10-41-00 Professional Services $571.00
Total Invoice - 3/17/2022 12:28:59 PM $571.00
Total 56470 $571.00
Total Alan J. Key dba: CWPI LLC.$571.00
Alano Club of Wenatchee
56462 2022 - April 2022 - April 2022 1st Council
Invoice - 3/15/2022 5:19:50 PM
ARPA Contributions
001-000-001-558-70-40-02 ARPA Contributions $20,000.00
Total Invoice - 3/15/2022 5:19:50 PM $20,000.00
Total 56462 $20,000.00
Total Alano Club of Wenatchee $20,000.00
Aps Inc
56471 2022 - April 2022 - April 2022 1st Council
83846
Annual maintenance contract
001-000-141-514-20-48-00 Repairs & Maintenance $860.99
Total 83846 $860.99
Total 56471 $860.99
Total Aps Inc $860.99
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 8 of 141
Vendor Number Reference Account Number Description Amount
ARC Architects, Inc.
56472 2022 - April 2022 - April 2022 1st Council
0000000021
EW Public Works/PD Space Needs Assessment
314-000-000-594-22-60-50 Maintenance Facilities Design $8,932.66
Total 0000000021 $8,932.66
Total 56472 $8,932.66
Total ARC Architects, Inc.$8,932.66
Attorney & Notary Supply of Washington, Inc.
56473 2022 - April 2022 - April 2022 1st Council
Invoice - 3/28/2022 9:38:53 AM
Notary Renewal
001-000-140-514-20-49-00 Miscellaneous $180.49
Total Invoice - 3/28/2022 9:38:53 AM $180.49
Total 56473 $180.49
Total Attorney & Notary Supply of Washington, Inc.$180.49
AUCA Western First Aid & Safety Lockbox
56474 2022 - April 2022 - April 2022 1st Council
GEG3-001570
Supplies
101-000-430-543-30-30-00 Supplies - General Services $231.09
Total GEG3-001570 $231.09
GEG3-001669
Supplies
001-000-210-521-10-49-00 Miscellaneous $231.09
Total GEG3-001669 $231.09
Total 56474 $462.18
Total AUCA Western First Aid & Safety Lockbox $462.18
Baker Psychological Services, PLLC
56475 2022 - April 2022 - April 2022 1st Council
116
Pre-Employment Evaluation
001-000-210-521-10-41-00 Professional Services $600.00
Total 116 $600.00
Total 56475 $600.00
Total Baker Psychological Services, PLLC $600.00
Banner Bank Mastercard
56458 2022 - April 2022 - April 2022 1st Council
Invoice - 3/14/2022 11:11:05 AM
001-000-210-521-10-49-00 Miscellaneous $45.00
Glaze
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 9 of 141
Vendor Number Reference Account Number Description Amount
001-000-315-542-10-49-00 Training $35.00
Training
001-000-315-542-10-49-00 Training $35.00
Training
101-000-430-543-30-30-00 Supplies - General Services $50.00
AC
101-000-430-544-90-49-01 Training $51.50
Total Invoice - 3/14/2022 11:11:05 AM $216.50
Total 56458 $216.50
Total Banner Bank Mastercard $216.50
Bear Signs & Embroidery LLC
56476 2022 - April 2022 - April 2022 1st Council
6790
Tools
001-000-210-521-10-35-00 Small Tools & Equipment $41.15
Total 6790 $41.15
Total 56476 $41.15
Total Bear Signs & Embroidery LLC $41.15
Builders Exchange of Washington INC
56477 2022 - April 2022 - April 2022 1st Council
1071446
Publish Projects Online
314-000-000-594-22-60-50 Maintenance Facilities Design $93.50
Total 1071446 $93.50
Total 56477 $93.50
Total Builders Exchange of Washington INC $93.50
Cdw Government, Inc
56451 2022 - April 2022 - April 2022 1st Council
Q3829363
Hardware Supplies
001-000-145-594-14-60-25 Capital - PC Hardware Admin $1,028.76
Total Q3829363 $1,028.76
Total 56451 $1,028.76
Total Cdw Government, Inc $1,028.76
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 10 of 141
Vendor Number Reference Account Number Description Amount
Ci Support LLC, dba: Ci Information Management
56478 2022 - April 2022 - April 2022 1st Council
0132069
Shred Service
001-000-120-594-12-60-00 Capital Outlay $29.69
Total 0132069 $29.69
Total 56478 $29.69
Total Ci Support LLC, dba: Ci Information Management $29.69
Cintas Corporation 607
56479 2022 - April 2022 - April 2022 1st Council
4112833470
Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $21.48
101-000-430-543-30-30-00 Supplies - General Services $35.12
Total 4112833470 $56.60
4113520671
Service Charges
001-000-180-518-30-41-00 Professional Services $146.27
101-000-430-543-30-30-00 Supplies - General Services $68.85
112-000-000-572-50-47-00 Facilities - Utilities $19.74
Total 4113520671 $234.86
4113520716
General Services
001-000-210-521-10-48-00 Repairs & Maintenance $21.48
101-000-430-543-30-30-00 Supplies - General Services $35.12
Total 4113520716 $56.60
4114209818
Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $21.48
101-000-430-543-30-30-00 Supplies - General Services $35.12
Total 4114209818 $56.60
Total 56479 $404.66
Total Cintas Corporation 607 $404.66
Compunet, Inc
56480 2022 - April 2022 - April 2022 1st Council
187685
01/26/22 software
001-000-145-594-14-60-20 Capital - PC Software Admin $1,544.97
Total 187685 $1,544.97
189175
02/15/22 sofwatre
001-000-145-594-14-60-20 Capital - PC Software Admin $1,546.27
Total 189175 $1,546.27
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 11 of 141
Vendor Number Reference Account Number Description Amount
191227
03/18/22 sofwatre
001-000-145-594-14-60-20 Capital - PC Software Admin $1,546.27
Total 191227 $1,546.27
Total 56480 $4,637.51
Total Compunet, Inc $4,637.51
Confluence Health
56481 2022 - April 2022 - April 2022 1st Council
90086560
Broers
101-000-430-543-30-30-00 Supplies - General Services $118.00
Total 90086560 $118.00
Total 56481 $118.00
Total Confluence Health $118.00
Department of Licensing
56482 2022 - April 2022 - April 2022 1st Council
Invoice - 3/14/2022 2:51:07 PM
Driver License
101-000-430-543-30-30-00 Supplies - General Services $156.00
Total Invoice - 3/14/2022 2:51:07 PM $156.00
Total 56482 $156.00
Total Department of Licensing $156.00
Douglas County Auditor Attn: Elections
56483 2022 - April 2022 - April 2022 1st Council
Invoice - 3/17/2022 2:08:06 PM
Clerk Recording Fees
001-000-140-514-20-40-01 Records Services $420.00
Total Invoice - 3/17/2022 2:08:06 PM $420.00
Total 56483 $420.00
Total Douglas County Auditor Attn: Elections $420.00
Douglas County Elections
56484 2022 - April 2022 - April 2022 1st Council
Invoice - 3/17/2022 12:44:53 PM
General Election 2021
001-000-110-511-60-45-00 Election Costs - Registered Voters $8,462.74
Total Invoice - 3/17/2022 12:44:53 PM $8,462.74
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 12 of 141
Vendor Number Reference Account Number Description Amount
Invoice - 3/28/2022 9:42:05 AM
2021 Voter Registration Costs
001-000-110-511-60-45-00 Election Costs - Registered Voters $17,655.08
Total Invoice - 3/28/2022 9:42:05 AM $17,655.08
Total 56484 $26,117.82
Total Douglas County Elections $26,117.82
Douglas County Fire District #2
56485 2022 - April 2022 - April 2022 1st Council
Invoice - 3/21/2022 3:19:47 PM
Services
001-000-590-558-50-41-00 Professional Services $5,822.15
Total Invoice - 3/21/2022 3:19:47 PM $5,822.15
Total 56485 $5,822.15
Total Douglas County Fire District #2 $5,822.15
Douglas County PUD
56486 2022 - April 2022 - April 2022 1st Council
69
Utilities
001-000-180-518-30-47-00 Utilities $332.14
112-000-000-572-50-47-00 Facilities - Utilities $43.86
Total 69 $376.00
Invoice - 3/17/2022 12:36:26 PM
Utilities
001-000-180-518-30-47-00 Utilities $77.00
Total Invoice - 3/17/2022 12:36:26 PM $77.00
Invoice - 3/17/2022 12:37:30 PM
Utilities
101-000-420-542-63-47-00 Utilities - Street Lighting $17.00
Total Invoice - 3/17/2022 12:37:30 PM $17.00
Invoice - 3/17/2022 12:37:57 PM
Utilities
101-000-420-542-63-47-00 Utilities - Street Lighting $40.00
Total Invoice - 3/17/2022 12:37:57 PM $40.00
Total 56486 $510.00
Total Douglas County PUD $510.00
Douglas County Sewer District
56487 2022 - April 2022 - April 2022 1st Council
Invoice - 3/23/2022 8:31:35 AM
Utilities
001-000-180-518-30-47-00 Utilities $91.00
Total Invoice - 3/23/2022 8:31:35 AM $91.00
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 13 of 141
Vendor Number Reference Account Number Description Amount
Invoice - 3/23/2022 8:32:12 AM
Utilities
001-000-180-518-30-47-00 Utilities $459.55
Total Invoice - 3/23/2022 8:32:12 AM $459.55
Invoice - 3/23/2022 8:32:31 AM
Utilities
001-000-180-518-30-47-00 Utilities $191.10
Total Invoice - 3/23/2022 8:32:31 AM $191.10
Invoice - 3/29/2022 9:18:33 AM
Utilities
001-000-180-518-30-47-00 Utilities $126.36
Total Invoice - 3/29/2022 9:18:33 AM $126.36
Total 56487 $868.01
Total Douglas County Sewer District $868.01
East Wenatchee Water Disttrict
56488 2022 - April 2022 - April 2022 1st Council
Invoice - 3/23/2022 8:25:54 AM
Utilities
001-000-180-518-30-47-00 Utilities $14.95
Total Invoice - 3/23/2022 8:25:54 AM $14.95
Invoice - 3/23/2022 8:26:15 AM
Utilities
001-000-180-518-30-47-00 Utilities ($0.50)
Total Invoice - 3/23/2022 8:26:15 AM ($0.50)
Invoice - 3/23/2022 8:40:45 AM
Utilities
001-000-180-518-30-47-01 Utilities - Simon St.$140.50
Total Invoice - 3/23/2022 8:40:45 AM $140.50
Invoice - 3/23/2022 8:56:50 AM
Utilities
101-000-430-543-50-47-00 Utilities - Facilities $4.90
Total Invoice - 3/23/2022 8:56:50 AM $4.90
Invoice - 3/23/2022 8:57:12 AM
Utilities
101-000-420-542-75-47-00 Utilities - City Parks ($5.10)
Total Invoice - 3/23/2022 8:57:12 AM ($5.10)
Invoice - 3/29/2022 9:19:08 AM
Utilities
001-000-180-518-30-47-00 Utilities $41.00
Total Invoice - 3/29/2022 9:19:08 AM $41.00
Total 56488 $195.75
Total East Wenatchee Water Disttrict $195.75
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 14 of 141
Vendor Number Reference Account Number Description Amount
Eastmont Metropolitan Park District
56489 2022 - April 2022 - April 2022 1st Council
2022-12
LTAC Funds for 2022 Eastmont Winter Classic
113-000-000-557-30-41-10 Contributions to Other Entities $8,000.00
Total 2022-12 $8,000.00
Total 56489 $8,000.00
Total Eastmont Metropolitan Park District $8,000.00
Erika Rodriguez
56490 2022 - April 2022 - April 2022 1st Council
Invoice - 3/25/2022 2:36:17 PM
Interperting
001-000-120-512-51-40-04 Interpreting $720.00
Total Invoice - 3/25/2022 2:36:17 PM $720.00
Total 56490 $720.00
Total Erika Rodriguez $720.00
Fastenal Company
56491 2022 - April 2022 - April 2022 1st Council
WAWEN242742
Supplies
101-000-420-542-69-30-00 Supplies - Flags/Banners $128.11
Total WAWEN242742 $128.11
Total 56491 $128.11
Total Fastenal Company $128.11
First Net
56492 2022 - April 2022 - April 2022 1st Council
287293799226X03132022
Feb Payment
001-000-210-521-10-42-01 Telephone $1,250.42
Total 287293799226X03132022 $1,250.42
Total 56492 $1,250.42
Total First Net $1,250.42
Forte Architects Inc
56493 2022 - April 2022 - April 2022 1st Council
2993
New Police Station
314-000-000-594-21-60-01 Simon St. Improvements $2,696.50
Total 2993 $2,696.50
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 15 of 141
Vendor Number Reference Account Number Description Amount
3000
Public Works
314-000-000-594-22-60-50 Maintenance Facilities Design $17,068.00
Total 3000 $17,068.00
Total 56493 $19,764.50
Total Forte Architects Inc $19,764.50
GMCO
56494 2022 - April 2022 - April 2022 1st Council
22-3898
Supplies
101-000-420-542-66-30-00 Supplies - Snow & Ice Control $4,141.25
Total 22-3898 $4,141.25
Total 56494 $4,141.25
Total GMCO $4,141.25
Graphics & Glass
56495 2022 - April 2022 - April 2022 1st Council
19430
Tint Service
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $135.38
Total 19430 $135.38
Total 56495 $135.38
Total Graphics & Glass $135.38
In-Print
56496 2022 - April 2022 - April 2022 1st Council
4176
Registration Classy Chassis
117-000-300-557-30-41-12 CC - Professional Services $563.68
Total 4176 $563.68
Total 56496 $563.68
Total In-Print $563.68
In-Print Printing Inc DBA Congdon Mailing Service
56497 2022 - April 2022 - April 2022 1st Council
4176M
Classy Chassis Registration Brochures
117-000-300-557-30-42-14 CC - Postage $743.27
Total 4176M $743.27
Total 56497 $743.27
Total In-Print Printing Inc DBA Congdon Mailing Service $743.27
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 11 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 16 of 141
Vendor Number Reference Account Number Description Amount
International Code Council, Inc
56498 2022 - April 2022 - April 2022 1st Council
3330971
Dues
001-000-590-558-50-40-01 Dues & Subscriptions $145.00
Total 3330971 $145.00
Total 56498 $145.00
Total International Code Council, Inc $145.00
Isaac Fleshman-Cooper
56459 2022 - April 2022 - April 2022 1st Council
Invoice - 3/14/2022 7:30:14 AM
Uniform Allowance Reimbursement
001-000-210-521-10-20-01 Clothing Allowance $700.00
Total Invoice - 3/14/2022 7:30:14 AM $700.00
Total 56459 $700.00
Total Isaac Fleshman-Cooper $700.00
Ivy Jacobson
56452 2022 - April 2022 - April 2022 1st Council
Invoice - 3/11/2022 8:02:19 AM
School Resource Officer Training 04.04.2022
001-000-210-521-10-43-00 Travel $915.42
Total Invoice - 3/11/2022 8:02:19 AM $915.42
Total 56452 $915.42
Total Ivy Jacobson $915.42
James Brandon Johnson
56453 2022 - April 2022 - April 2022 1st Council
Invoice - 3/11/2022 8:06:18 AM
IPR 03.21.2022
001-000-210-521-10-43-00 Travel $148.00
Total Invoice - 3/11/2022 8:06:18 AM $148.00
Total 56453 $148.00
Total James Brandon Johnson $148.00
Jon Knutson
56454 2022 - April 2022 - April 2022 1st Council
6741
Reimbursement
001-000-210-521-10-20-01 Clothing Allowance $76.02
Total 6741 $76.02
Total 56454 $76.02
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 12 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 17 of 141
Vendor Number Reference Account Number Description Amount
56499 2022 - April 2022 - April 2022 1st Council
Invoice - 3/29/2022 9:10:37 AM
Knutson Clothing Allowance
001-000-210-521-10-20-01 Clothing Allowance $615.22
Total Invoice - 3/29/2022 9:10:37 AM $615.22
Total 56499 $615.22
Total Jon Knutson $691.24
Keyhole Security Center Inc
56726 2022 - April 2022 - April 2022 1st Council
Invoice - 3/17/2022 12:47:04 PM
Small Tools
001-000-180-518-30-35-00 Small Tools & Equipment $151.76
Total Invoice - 3/17/2022 12:47:04 PM $151.76
Total 56726 $151.76
Total Keyhole Security Center Inc $151.76
KPG, P.S.
56727 2022 - April 2022 - April 2022 1st Council
2-19422
Professional Services through 02/24/22
301-000-000-595-10-40-24 Design - SRTS - 5th St NE: Kenroy $16,701.22
Total 2-19422 $16,701.22
2-19522
Professional Services through 02/24/22
301-000-000-595-10-40-23 Design - SRTS - 5th St NE: Sterling $6,178.88
Total 2-19522 $6,178.88
Total 56727 $22,880.10
Total KPG, P.S.$22,880.10
Landon Jensen
56455 2022 - April 2022 - April 2022 1st Council
Invoice - 3/11/2022 8:03:50 AM
Control DT Instructor 03.07.2022
001-000-210-521-10-43-00 Travel $1,333.53
Total Invoice - 3/11/2022 8:03:50 AM $1,333.53
Total 56455 $1,333.53
56728 2022 - April 2022 - April 2022 1st Council
8065
Uniform Pants
001-000-210-521-10-35-00 Small Tools & Equipment $86.88
Total 8065 $86.88
Total 56728 $86.88
Total Landon Jensen $1,420.41
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 18 of 141
Vendor Number Reference Account Number Description Amount
Localtel Communications
56729 2022 - April 2022 - April 2022 1st Council
Invoice - 3/17/2022 1:31:00 PM
Telephone Line Charges
001-000-141-514-20-42-01 Telephone Line Charges $297.54
Total Invoice - 3/17/2022 1:31:00 PM $297.54
Total 56729 $297.54
Total Localtel Communications $297.54
Maria Holman
56456 2022 - April 2022 - April 2022 1st Council
Invoice - 3/11/2022 8:05:15 AM
Training 03.18.2022
001-000-140-514-20-43-00 Travel $556.86
Total Invoice - 3/11/2022 8:05:15 AM $556.86
Total 56456 $556.86
Total Maria Holman $556.86
Mountain Highway Towing & Recovery
56730 2022 - April 2022 - April 2022 1st Council
5653
03.05.22 Impound
001-000-210-521-10-41-00 Professional Services $304.39
Total 5653 $304.39
Total 56730 $304.39
Total Mountain Highway Towing & Recovery $304.39
Nate Henyon
56460 2022 - April 2022 - April 2022 1st Council
Invoice - 3/14/2022 11:34:17 AM
03/27/22 meal
001-000-210-521-40-40-01 Training - Officers $54.00
Total Invoice - 3/14/2022 11:34:17 AM $54.00
Total 56460 $54.00
Total Nate Henyon $54.00
National Association of School Resource Officers
56732 2022 - April 2022 - April 2022 1st Council
27564
Training
001-000-210-521-40-40-01 Training - Officers $495.00
Total 27564 $495.00
27565
Training
001-000-210-521-40-40-01 Training - Officers $495.00
Total 27565 $495.00
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 14 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 19 of 141
Vendor Number Reference Account Number Description Amount
27566
Training
001-000-210-521-40-40-01 Training - Officers $395.00
Total 27566 $395.00
Total 56732 $1,385.00
Total National Association of School Resource Officers $1,385.00
NCW EDD
56733 2022 - April 2022 - April 2022 1st Council
1373
Chelan Douglas Trends
001-000-001-558-70-41-05 NCWEDD Chelan/Douglas Trends $1,550.00
Total 1373 $1,550.00
Total 56733 $1,550.00
Total NCW EDD $1,550.00
Numerica Credit Union
56461 2022 - April 2022 - April 2022 1st Council
Invoice - 3/11/2022 9:25:36 AM
001-000-001-518-91-30-00 Wellness $40.00
Frutallo
001-000-001-518-91-30-00 Wellness $40.00
Bob's
001-000-001-518-91-30-00 Wellness $40.00
Pizza
001-000-001-518-91-30-00 Wellness $40.00
Frutallo
001-000-001-518-91-30-00 Wellness $40.00
Spice Thai
001-000-001-518-91-30-00 Wellness $40.00
Blue Flame
001-000-110-511-60-47-00 Background Check Costs $11.00
WATCH
001-000-111-513-00-40-06 Miscellaneous $60.00
Annual Chamber Banquet
001-000-120-512-51-30-00 Supplies $119.22
Supplies
001-000-139-518-10-40-00 Training $118.00
Training
001-000-139-518-10-40-01 Membership Dues & Publications $229.00
SHRM membership
001-000-139-518-10-40-03 Advertising $695.00
260.13+99.68
001-000-139-518-10-40-03 Advertising $589.70
Indeed Job Applies
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 15 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 20 of 141
Vendor Number Reference Account Number Description Amount
001-000-140-514-20-31-00 Office Supplies $12.40
Council Workshop
001-000-140-514-20-31-00 Office Supplies $107.53
Meeting Supplies
001-000-140-514-20-31-01 Central Stores $42.56
Office Supplies
001-000-140-514-20-31-01 Central Stores $25.90
Supplies
001-000-140-514-20-31-01 Central Stores $359.81
Heaters
001-000-145-594-14-60-20 Capital - PC Software Admin $197.21
It supplies
001-000-145-594-14-60-20 Capital - PC Software Admin $542.00
Lansweeper
001-000-145-594-14-60-25 Capital - PC Hardware Admin $30.34
Ike IT supplies
001-000-210-521-10-31-00 Office Supplies $73.99
Office Supplies
001-000-210-521-10-31-00 Office Supplies $30.37
Office Supplies
001-000-210-521-10-31-00 Office Supplies $145.24
Paper
001-000-210-521-10-35-00 Small Tools & Equipment $40.97
Small Tools & Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $64.99
Smalls Tools and Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $92.14
Clothes
001-000-210-521-10-35-00 Small Tools & Equipment ($1,762.60)
Police Badge Reimbursement
001-000-210-521-10-35-00 Small Tools & Equipment $215.80
Smalls Tools & Equipment
001-000-210-521-10-35-00 Small Tools & Equipment $65.02
Batteries
001-000-210-521-10-35-00 Small Tools & Equipment $1,219.92
SWAT Team Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $9.99
Tools
001-000-210-521-10-41-00 Professional Services $12.99
Canva Subscription
001-000-210-521-40-40-01 Training - Officers $150.00
Valdez & Jacobsen SRO zoom class
001-000-315-542-10-49-00 Training $35.00
Training for Publics Works
101-000-420-542-64-30-00 Supplies - Traffic Control Devices $66.10
Safety
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 16 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 21 of 141
Vendor Number Reference Account Number Description Amount
101-000-420-542-64-30-00 Supplies - Traffic Control Devices $170.52
Safety
101-000-430-543-30-30-00 Supplies - General Services $34.50
Glaze
Total Invoice - 3/11/2022 9:25:36 AM $4,044.61
Total 56461 $4,044.61
Total Numerica Credit Union $4,044.61
O'Reilly
56734 2022 - April 2022 - April 2022 1st Council
2521-278408
Shop Supplies
101-000-420-542-64-30-00 Supplies - Traffic Control Devices $16.22
Total 2521-278408 $16.22
2521-278409
Police Supplies
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $591.69
Total 2521-278409 $591.69
2521-278611
Supplies
501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $140.46
Total 2521-278611 $140.46
2521-278646
Supplies
501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $97.50
Total 2521-278646 $97.50
2521-278699
Return
501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance ($0.23)
Total 2521-278699 ($0.23)
2521-279637
Supplies
501-000-000-548-30-30-25 Street Vehicle Repair Supplies $11.22
Total 2521-279637 $11.22
2521-279845
Supplies
501-000-000-548-30-48-30 Street Equipment Repairs $8.09
Total 2521-279845 $8.09
2521-279867
Oil Filter
501-000-000-548-30-48-30 Street Equipment Repairs $9.81
Total 2521-279867 $9.81
2521-279956
Supplies
501-000-000-548-30-30-25 Street Vehicle Repair Supplies $24.37
Total 2521-279956 $24.37
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 17 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 22 of 141
Vendor Number Reference Account Number Description Amount
2521-281139
Ancillary
001-000-210-521-50-10-00 Ancillary (Interfund Vehicle Maintenance)$387.86
Total 2521-281139 $387.86
2521-281235
Ancillary
001-000-210-521-50-10-00 Ancillary (Interfund Vehicle Maintenance)($119.11)
Total 2521-281235 ($119.11)
2521-281236
Ancillary
001-000-210-521-50-10-00 Ancillary (Interfund Vehicle Maintenance)$35.63
Total 2521-281236 $35.63
2521-281599
Supplies
101-000-430-543-30-30-00 Supplies - General Services $37.38
Total 2521-281599 $37.38
2521-281625
Ancillary
001-000-210-521-50-10-00 Ancillary (Interfund Vehicle Maintenance)$3.67
Total 2521-281625 $3.67
Total 56734 $1,244.56
Total O'Reilly $1,244.56
Pacific Engineering & Design, PLLC
56735 2022 - April 2022 - April 2022 1st Council
4112
19th Street & Cascade Ave Corridor Green Retrofit
401-000-011-594-31-60-04 19th Stormwater Facility Design $8,336.50
Total 4112 $8,336.50
Total 56735 $8,336.50
Total Pacific Engineering & Design, PLLC $8,336.50
Pape Machinery, Inc
56736 2022 - April 2022 - April 2022 1st Council
13375082
Repairs & Maint.
401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $65.40
Total 13375082 $65.40
13375150
Repairs & Maint.
401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $44.56
Total 13375150 $44.56
Total 56736 $109.96
Total Pape Machinery, Inc $109.96
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East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 23 of 141
Vendor Number Reference Account Number Description Amount
Patrick McMahon
56737 2022 - April 2022 - April 2022 1st Council
Invoice - 3/21/2022 3:17:39 PM
Judge Protems
001-000-120-512-50-49-02 Judge Protems $75.00
Total Invoice - 3/21/2022 3:17:39 PM $75.00
Invoice - 3/25/2022 2:35:25 PM
Judge Protems
001-000-120-512-51-40-05 Judge Protems $225.00
Total Invoice - 3/25/2022 2:35:25 PM $225.00
Total 56737 $300.00
Total Patrick McMahon $300.00
Petty Cash Fund Maria Holman, Custodian
56738 2022 - April 2022 - April 2022 1st Council
Invoice - 3/14/2022 10:37:19 AM
Petty Cash Reimbursement
101-000-420-542-66-30-00 Supplies - Snow & Ice Control $75.00
117-000-500-557-30-49-01 Christmas - Miscellaneous $17.33
Total Invoice - 3/14/2022 10:37:19 AM $92.33
Total 56738 $92.33
Total Petty Cash Fund Maria Holman, Custodian $92.33
PFVT MotorsLLC, dba: Peoria Ford
56739 2022 - April 2022 - April 2022 1st Council
Invoice - 3/28/2022 9:48:21 AM
02/10/2022 Police Interceptor
501-000-000-594-21-60-00 Capital - Police Vehicles $39,332.00
Total Invoice - 3/28/2022 9:48:21 AM $39,332.00
MNA22128
02/10/2022 Police Interceptor
501-000-000-594-21-60-00 Capital - Police Vehicles $39,252.00
Total MNA22128 $39,252.00
MNA22133
02/10/2022 Police interceptor
501-000-000-594-21-60-00 Capital - Police Vehicles $39,252.00
Total MNA22133 $39,252.00
MNA22192
02/10/2022 Police Interceptor
501-000-000-594-21-60-00 Capital - Police Vehicles $39,252.00
Total MNA22192 $39,252.00
Total 56739 $157,088.00
Total PFVT MotorsLLC, dba: Peoria Ford $157,088.00
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 19 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 24 of 141
Vendor Number Reference Account Number Description Amount
Rain Networks
56740 2022 - April 2022 - April 2022 1st Council
111566
Software
001-000-145-594-14-60-20 Capital - PC Software Admin $1,658.52
Total 111566 $1,658.52
Total 56740 $1,658.52
Total Rain Networks $1,658.52
Randy's Auto Parts & Towing
56741 2022 - April 2022 - April 2022 1st Council
64318
Towing
001-000-210-521-10-41-00 Professional Services $173.22
Total 64318 $173.22
Total 56741 $173.22
Total Randy's Auto Parts & Towing $173.22
Rh2 Engineering, Inc.
56742 2022 - April 2022 - April 2022 1st Council
84512
2021 general engineering services
001-000-315-544-20-45-00 Engineering Support Services $261.89
Total 84512 $261.89
85328
Comprehensive Stormwater Plan Update
401-000-014-531-00-40-07 Stormwater Comp Plan Update $11,436.66
Total 85328 $11,436.66
85329
2021 general engineering serivces
001-000-315-544-20-45-00 Engineering Support Services $2,210.41
Total 85329 $2,210.41
85394
9th St NE & Valley Mall Parkway Intersection
301-000-000-595-64-40-01 Design - 9th/VMP Intersection $3,103.64
Total 85394 $3,103.64
85459
Hamilton Street Improvement
301-000-000-595-10-40-05 Design - Hamilton Ave Reconstruction $24,724.68
Total 85459 $24,724.68
Total 56742 $41,737.28
Total Rh2 Engineering, Inc.$41,737.28
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 20 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 25 of 141
Vendor Number Reference Account Number Description Amount
Ridgeline Graphics Inc
56743 2022 - April 2022 - April 2022 1st Council
26492
Graphics Removal
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $628.47
Total 26492 $628.47
Total 56743 $628.47
Total Ridgeline Graphics Inc $628.47
Rosales Landscaping Inc
56744 2022 - April 2022 - April 2022 1st Council
5118
Snow Removal 01.25.2022
001-000-000-362-00-00-00 Rental Income - 311 9th St NE $543.00
Total 5118 $543.00
Total 56744 $543.00
Total Rosales Landscaping Inc $543.00
Rowe's Tractor
56745 2022 - April 2022 - April 2022 1st Council
01-61999
Supplies
101-000-420-542-75-30-00 Supplies - City Parks $11.27
Total 01-61999 $11.27
01-62000
Supplies
501-000-000-548-30-48-30 Street Equipment Repairs $277.38
Total 01-62000 $277.38
Total 56745 $288.65
Total Rowe's Tractor $288.65
Safety-Kleen Systems, Inc.
56746 2022 - April 2022 - April 2022 1st Council
Invoice - 3/21/2022 9:36:00 AM
03.16.2022 Repairs
001-000-210-521-10-48-00 Repairs & Maintenance $104.48
501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $104.48
Total Invoice - 3/21/2022 9:36:00 AM $208.96
Invoice - 3/21/2022 9:36:26 AM
03.09.2022 Repairs
001-000-210-521-10-48-00 Repairs & Maintenance $79.22
501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $79.21
Total Invoice - 3/21/2022 9:36:26 AM $158.43
Total 56746 $367.39
Total Safety-Kleen Systems, Inc.$367.39
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 21 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 26 of 141
Vendor Number Reference Account Number Description Amount
State Auditor's Office
56747 2022 - April 2022 - April 2022 1st Council
L147095
Audit
001-000-142-514-20-40-00 State Audit $1,915.65
Total L147095 $1,915.65
Total 56747 $1,915.65
Total State Auditor's Office $1,915.65
Tap-Rack Tactical, LLC
56748 2022 - April 2022 - April 2022 1st Council
859
Chelan SWAT team training
107-000-000-521-40-40-00 Training $12,800.00
Total 859 $12,800.00
Total 56748 $12,800.00
Total Tap-Rack Tactical, LLC $12,800.00
The Wenatchee World
56749 2022 - April 2022 - April 2022 1st Council
489777
Advertising
001-000-580-558-60-44-00 Advertising $164.73
Total 489777 $164.73
Total 56749 $164.73
Total The Wenatchee World $164.73
Tye Sheats
56457 2022 - April 2022 - April 2022 1st Council
Invoice - 3/11/2022 8:11:04 AM
Control DT Instructor 03.11.2022
001-000-142-514-20-10-00 Salaries $1,610.53
Total Invoice - 3/11/2022 8:11:04 AM $1,610.53
Total 56457 $1,610.53
Total Tye Sheats $1,610.53
Usps
56467 2022 - April 2022 - April 2022 1st Council
Invoice - 3/21/2022 11:29:36 AM
Postage - Annexation Mailing
001-000-141-514-20-42-03 Postage $181.74
Total Invoice - 3/21/2022 11:29:36 AM $181.74
Total 56467 $181.74
Total Usps $181.74
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 22 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 27 of 141
Vendor Number Reference Account Number Description Amount
Verizon Wireless
56750 2022 - April 2022 - April 2022 1st Council
9900984432
March Bill
001-000-111-513-00-40-03 Cell Phone $42.08
001-000-145-514-20-42-00 Cell Phone $62.26
001-000-151-515-31-42-01 Cell Phone $52.26
101-000-430-543-50-42-01 Cell Phone $88.31
117-000-100-557-30-42-00 Cell Phone $52.26
401-000-001-531-00-40-00 Cell Phone $52.26
Total 9900984432 $349.43
9900984439
March Bill - police
001-000-210-521-10-42-01 Telephone $3,766.63
Total 9900984439 $3,766.63
Total 56750 $4,116.06
Total Verizon Wireless $4,116.06
Washington Assocation of Sheriffs & Police Officers
56751 2022 - April 2022 - April 2022 1st Council
DUES 2022-00152
Chief active dues
001-000-210-521-10-49-00 Miscellaneous $245.00
Total DUES 2022-00152 $245.00
Total 56751 $245.00
Total Washington Assocation of Sheriffs & Police Officers $245.00
Washington State Department of Licensing
56752 2022 - April 2022 - April 2022 1st Council
Invoice - 3/28/2022 9:56:31 AM
03/022 Concealed Pistol Fees
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002564 Poshia
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP02548 Duncan
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002578 Day
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002582 Wall
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002586 Detering
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002560 Hoyt
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002559 Arciga
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 23 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 28 of 141
Vendor Number Reference Account Number Description Amount
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002565 Ropp
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002587 Van Lith
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002562 Gayle
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002570 Weaver
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002563 Poshia
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002568 Fulbright
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002556 Barnas
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002583 Hankins
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002561 May
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002573 Price
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002566 Scott
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002555 Higgins
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002567 Olderness
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002571 Schauer
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP002569 Weaver
Total Invoice - 3/28/2022 9:56:31 AM $396.00
Total 56752 $396.00
Total Washington State Department of Licensing $396.00
WhatsaMather Consulting, Inc.
56753 2022 - April 2022 - April 2022 1st Council
220200005-005
Training
001-000-210-521-40-40-01 Training - Officers $750.00
Total 220200005-005 $750.00
Total 56753 $750.00
Total WhatsaMather Consulting, Inc.$750.00
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 24 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 29 of 141
Vendor Number Reference Account Number Description Amount
Xerox Corporation
56754 2022 - April 2022 - April 2022 1st Council
015679919
Capital Outlay
001-000-120-594-12-60-00 Capital Outlay $276.69
Total 015679919 $276.69
Total 56754 $276.69
Total Xerox Corporation $276.69
Ziply Fiber
56755 2022 - April 2022 - April 2022 1st Council
Invoice - 3/17/2022 2:14:27 PM
Utilities
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $54.24
Total Invoice - 3/17/2022 2:14:27 PM $54.24
Invoice - 3/17/2022 2:14:47 PM
Utilities
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $172.08
Total Invoice - 3/17/2022 2:14:47 PM $172.08
Invoice - 3/17/2022 2:15:01 PM
Utilities
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $192.29
Total Invoice - 3/17/2022 2:15:01 PM $192.29
Invoice - 3/17/2022 2:15:14 PM
Utilities
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $192.56
Total Invoice - 3/17/2022 2:15:14 PM $192.56
Invoice - 3/23/2022 8:38:31 AM
Utilities
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $124.71
Total Invoice - 3/23/2022 8:38:31 AM $124.71
Invoice - 3/23/2022 8:52:34 AM
Utilities
001-000-180-518-30-47-00 Utilities $416.73
112-000-000-572-50-47-00 Facilities - Utilities $30.17
Total Invoice - 3/23/2022 8:52:34 AM $446.90
Total 56755 $1,182.78
Total Ziply Fiber $1,182.78
Grand Total Vendor Count 73 $391,104.28
Printed by COEW\DSanchez on 3/30/2022 9:25:16 AM Page 25 of 25
East Wenatchee - Voucher Directory04/05/2022 City Council Meeting Agenda Packet. Page 30 of 141
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.)
3/15/2022 Council Meeting Minutes Page 1 of 5
East Wenatchee City Council Meeting
In Person and Zoom
Tuesday, March 15, 2022
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Jerrilea Crawford Sean Lewis, Assistant City Attorney
Councilmember John Sterk Erik 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 Shayne Magdoff Garren Melton, Public Works Manager
Councilmember Christine Johnson MaryBeth Phillips, Court Administrator
Councilmember Matthew Hepner Trina Elmes, Events Director/PIO
Diana Sanchez, Accounting Technician
Maria Holman, City Clerk
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1. Consent Items:
a. iFiber One Advertising Agreement – Staff Engineer recruitment.
Vouchers:
b. Date: 3/15/2022, Checks: 56350 - 56448, in the amount of $331,097.35.
c. February 2022 Payroll Certification.
Minutes:
d. 3/1/2022 Council Meeting Minutes.
e. 3/10/2022 Workshop Meeting Minutes.
Motion by Councilmember Tidd to approve consent items as presented.
Councilmember Raab seconded the motion. Motion carried (6-0).
Councilmember Hepner joined the meeting at 6:11 p.m.
2. Citizen Requests/Comments. None.
3. Presentations. None.
4. Department Report. None.
04/05/2022 City Council Meeting Agenda Packet. Page 31 of 141
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.)
3/15/2022 Council Meeting Minutes Page 2 of 5
5. Mayor’s Report.
a. Finance Director Josh DeLay introduced new employee, Accounting Technician Diana
Sanchez to the City Council.
b. Mayor Crawford provided an update regarding the Coronavirus State and Local
Fiscal Recover Funds (SLFRF) program, a part of the American Rescue Plan. The
Committee will review the rules as to how to use those funds appropriately and
notify the Council and when the ARP Committee will be ready to meet again.
c. The East Wenatchee City Council has been invited to attend the annual Sage
fundraiser event taking place on Saturday, March 26, 2022. Councilmember Sleiman
will be attending.
6. Action Items.
a. Planning Manager Curtis Lillquist presented a first reading of Ordinance 2022-05,
amending the Land Use Designation Map of the Greater East Wenatchee Area
Comprehensive Plan to change the designation of certain property from Residential
Medium to Residential High Density/Office.
Mayor Crawford suspended the second reading.
Comments provided by Councilmember Tidd, Councilmember Magdoff and
Councilmember Sterk.
Motion by Councilmember Tidd to accept the planning commission
recommendation and approve Ordinance 2022-05 amending the Greater East
Wenatchee Area Comprehensive Plan as presented. Councilmember Magdoff
seconded the motion. Motion carried (7-0).
b. Planning Manager Curtis Lillquist presented a first reading of Ordinance 2022-06
amending the Official Zoning Map of the City of East Wenatchee to change the
zoning of certain property from Residential Medium to Residential High
Density/Office.
Mayor Crawford suspended the second reading.
Comments provided by Councilmember Tidd, Councilmember Magdoff and
Councilmember Sterk.
Motion by Councilmember Tidd to accept the planning commission
recommendation and approve Ordinance 2022-06 amending the official zoning
map of the City of East Wenatchee as presented. Councilmember Magdoff
seconded the motion. Motion carried (7-0).
04/05/2022 City Council Meeting Agenda Packet. Page 32 of 141
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.)
3/15/2022 Council Meeting Minutes Page 3 of 5
c. Planning Manager Curtis Lillquist presented a first reading of Ordinance 2022-07,
amending the Capital Facilities Plan and the Pangborn Airport section of the Greater
East Wenatchee Area Comprehensive Plan.
Mayor Crawford suspended the second reading.
Comments provided by Councilmember Magdoff.
Motion by Councilmember Tidd to accept the planning commission
recommendation and approve Ordinance 2022-07 amending the Greater East
Wenatchee Area Comprehensive Plan as presented. Councilmember Sleiman
seconded the motion. Motion carried (7-0).
d. Planning Manager Curtis Lillquist presented a first reading of Ordinance 2022-08,
amending Title 16 Subdivisions, Title 17 Zoning, Section 18.12E.030 Critical Areas –
Aquifer Recharge Areas – Designation, and Section 19.11 Definitions.
Mayor Crawford suspended the second reading.
Motion by Councilmember Sterk to accept the planning commission
recommendation and approve Ordinance 2022-08 amending the East Wenatchee
Municipal Code Title 16 Subdivisions, Title 17 Zoning, Section 18.12E.030 Critical
Areas – Aquifer Recharge Areas, and Section 19.11 Definitions as presented.
Councilmember Sleiman seconded the motion. Motion carried (7-0).
e. Assistant City Attorney Sean Lewis presented a first reading of Ordinance 2022-04,
amending to chapter 9.12 of the East Wenatchee Municipal Code to include mayoral
authority to ban sales and discharge fireworks within the City under certain
conditions.
Mayor Crawford suspended the second reading.
Comments provided by Councilmember Sterk, Councilmember Sleiman,
Councilmember Johnson, Councilmember Magdoff and Mayor Crawford.
Motion by Councilmember Sleiman to approve Ordinance 2022-04 amending
chapter 9.12 of the East Wenatchee Municipal Code to include mayoral authority
to ban sales and discharge of fireworks as presented. Councilmember Johnson
seconded the motion. Motion carried (6-1 Sterk).
f. Assistant City Attorney Sean Lewis presented a first reading of Ordinance 2022-09,
amending chapter 8.16 of the East Wenatchee Municipal Code to prohibit sales and
discharge of fireworks within the City, except for licensed public displays.
Mayor Crawford suspended the second reading.
Comments provided by Councilmember Magdoff and Councilmember Hepner.
Motion by Councilmember Sleiman to approve Ordinance 2022-09 prohibiting the
sale and discharge of fireworks within the City, except for licensed public displays.
Councilmember Raab seconded the motion. Motion failed to pass (3-4 Sterk,
Hepner, Johnson, Tidd).
04/05/2022 City Council Meeting Agenda Packet. Page 33 of 141
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.)
3/15/2022 Council Meeting Minutes Page 4 of 5
g. Assistant City Attorney Sean Lewis presented a first reading of Ordinance 2022-10,
amending chapter 8.16 of the East Wenatchee Municipal Code to allow sales and
discharge of fireworks within the City for New Year’s, and prohibit the sales and
discharge of fireworks at all other times.
Mayor Crawford suspended the second reading.
Comments provided by Councilmember Sterk, Councilmember Sleiman,
Councilmember Johnson, Councilmember Magdoff and Mayor Crawford.
Motion by Councilmember Tidd to approve Ordinance 2022-10 allowing the sale
and discharge of fireworks within the City for New Year’s and prohibit the sales
and discharge at all other times. Councilmember Hepner seconded the motion.
Motion failed to pass (3-4 Magdoff, Sterk, Sleiman, Raab).
h. Assistant City Attorney Sean Lewis presented Resolution 2022-15 authorizing the
Mayor to execute an Agreement between Pacific Security and the City of East
Wenatchee for Security Services.
Motion by Councilmember Magdoff to approve Resolution 2022-15 authorizing the
Mayor to execute an agreement between Pacific Security and the City of East
Wenatchee for Security Services as presented in Exhibit A. Councilmember Johnson
seconded the motion. Motion carried (7-0).
i. Community Development Director Lori Barnett presented Resolution 2022-16
amending the 2022-2027 Six-Year Transportation Improvement Program (TIP)
previously adopted by Resolution 2021-09.
Motion by Councilmember Tidd to approve Resolution 2022-16 amending the 2022-
2027 Six-Year Transportation Improvement Program (TIP) as presented.
Councilmember Sleiman seconded the motion. Motion carried (7-0).
7. Council Reports & Announcements.
a. Councilmember Raab expressed concern regarding rocks at the divider of 9th Street
in front of City Hall and asked for them to be removed.
b. Councilmember Tidd shared that the Link Transit Council’s public hearing regarding
the July 2022 Phase I Service Plan was tabled for further consideration.
c. Mayor Crawford announced that the Chelan Douglas Health District staff has
received the Secretary’s Award for public health service in Washington State.
d. Councilmember Sleiman shared that the Wenatchee Valley Chamber of Commerce
Annual Banquet is scheduled on March 31, 2022. The Chambers Business After
Hours event is scheduled at the Wenatchee Valley College Foundation on March 24,
2022. Councilmember Sleiman also shared that the Chamber has hired their new
Executive Director, Steve Wilkinson.
04/05/2022 City Council Meeting Agenda Packet. Page 34 of 141
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.)
3/15/2022 Council Meeting Minutes Page 5 of 5
8. Adjournment. With no further business, the meeting adjourned at 6:46 p.m.
Jerrilea Crawford, Mayor
Attest:
Maria E. Holman, City Clerk
04/05/2022 City Council Meeting Agenda Packet. Page 35 of 141
Presented to:
MMMiiiggguuueeelll VVVaaallldddeeezzz
FOR COMPLETING 5 YEARS OF DEDICATED PUBLIC SERVICE
TO THE
CITY OF EAST WENATCHEE
____________________________________
Jerrilea Crawford, Mayor 04/05/2022 City Council Meeting Agenda Packet. Page 36 of 141
Presented to:
SSSeeerrrgggiiiooo MMMaaarrrtttiiinnneeezzz
FOR COMPLETING 5 YEARS OF DEDICATED PUBLIC SERVICE
TO THE
CITY OF EAST WENATCHEE
____________________________________
Jerrilea Crawford, Mayor 04/05/2022 City Council Meeting Agenda Packet. Page 37 of 141
PROCLAMATION TERMINATING THE CIVIL EMERGENCY
PROCLAMATION
A PROCLAMATION, issued in accordance with Section 9.12.010 of the East Wenatchee
Municipal Code, terminating the March 16, 2020 Proclamation of Civil Emergency.
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a state of emergency in
response to the new cases of COVID-19 in Washington State; and
WHEREAS, on March 12, 2020, the Chelan-Douglas County Health Department issued a
COVID-19 advisory; and
WHEREAS, on March 16, 2020, the situation was sufficiently serious that it was
necessary to proclaim a civil emergency within the City of East Wenatchee as a result of
public health, safety and welfare being at risk due to the COVID-19 pandemic; and
WHEREAS, Chapter 9.12.010 of the East Wenatchee Municipal Code provides the Mayor
with the authority to proclaim emergencies; and
WHEREAS, on March 16, 2020, the Mayor issued a Proclamation of Civil Emergency
related to the COVID-19 pandemic; and
NOW, THEREFORE, AS MAYOR OF THE CITY OF EAST WENATCHEE, I
HEREBY PROCLAIM AS FOLLOWS:
The Emergency Previously Proclaimed No Longer Exists. Based on changing
circumstances and improving conditions of East Wenatchee and surrounding areas and
more broadly related to the COVID-19 pandemic, the emergency previously proclaimed by
the Proclamation of Civil Emergency that was issued March 16, 2020 no longer exists
within the City of East Wenatchee.
Termination of the Proclamation of Civil Emergency. The Proclamation of Civil
Emergency issued by the Mayor on March 16, 2020 is hereby terminated and shall no
longer be in effect.
Dated this ____ day of April, 2022, and of the city of East Wenatchee, Washington.
Mayor Jerrilea Crawford
City of East Wenatchee
OFFICE OF THE MAYOR
271 9TH STREET NE * EAST WENATCHEE, WA 98802
PHONE (509) 884-9515 * FAX (509) 884-6233
04/05/2022 City Council Meeting Agenda Packet. Page 38 of 141
East Wenatchee
Council Agenda Bill
To: Mayor Crawford and City Council
From/Presenter: Sean P. Lewis, Assistant City Attorney
Subject: Ordinance 2022- 11 - An Ordinance of the City of East Wenatchee amending chapter 8.16 of the East Wenatchee Municipal Code to allow sales and discharge of fireworks within the City for New Year’s, and prohibit the sales and discharge of fireworks at all other times, except for licensed public displays.
Date: April 5, 2022
I. Summary Title: An Ordinance of the City of East Wenatchee amending chapter 8.16 of the East Wenatchee Municipal Code to allow sales and discharge of fireworks within the City for New Year’s, and prohibit the sales and discharge of fireworks at all other times, except for licensed public displays
II. Background/History:
Various recent presentations to Council have considered several areas of public and
professional concerns relating to the discharge of fireworks within the City.
After recent discussion on the topic of allowing or prohibiting fireworks for July 4th
and New Year’s, two different proposed Ordinances were requested by the council.
Those two proposed Ordinances were considered and declined.
A City Council member requested that a new proposed Ordinance be prepared and
presented which has the same requirements and conditions of previously considered
Ordinance 2022-10, amended to prohibit the possession and storage of aerial
fireworks.
Therefore, proposed Ordinance 2022-11 is presented here.
III. Recommended Action:
Motion to suspend the second reading and approve Ordinance 2022-11 amending
chapter 8.16 of the East Wenatchee Municipal Code to allow sales and discharge of
fireworks within the City for New Year’s, and prohibit the sales and discharge of
fireworks at all other times, except for licensed public displays as presented herein
IV. Exhibits:
Proposed Ordinance 2022-11 and Exhibit A
City of
04/05/2022 City Council Meeting Agenda Packet. Page 39 of 141
City of East Wenatchee Ordinance 2022-11 with Exhibit A Page 1 of 3 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. 2022-11
An Ordinance of the City of East Wenatchee amending chapter 8.16 of the East Wenatchee Municipal Code to allow sales and discharge of fireworks within the City for New Year’s and prohibit the sales and discharge of fireworks at all other times, except for licensed public displays, containing a severability clause, and establishing an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que modifica el capítulo 8.16 del Código Municipal de East Wenatchee para permitir la venta y descarga de fuegos artificiales dentro de la Ciudad para Año Nuevo y prohibe la venta y descarga de fuegos artificiales en cualquier otro momento, excepto en muestras públicas autorizadas, contiene una cláusula de separabilidad, y establece una fecha.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con el secretario de la Ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2.
1.3. 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). 1.4.
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.
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.
4. Purpose. The purpose of this ordinance of the City of East Wenatchee is to amend chapter 8.16 of the East Wenatchee Municipal Code to allow sales and discharge of fireworks within the City for New Year’s and prohibit the sales and discharge of fireworks at all other times, except for licensed public displays, containing a severability clause, and establishing an effective date.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
5. Amendment. The City Council amends EWMC Chapter 8.16 as set forth in
04/05/2022 City Council Meeting Agenda Packet. Page 40 of 141
City of East Wenatchee Ordinance 2022-11 with Exhibit A Page 2 of 3 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
Exhibit A.
6. Findings of Fact. The City Council adopts as its findings of fact the recitals set forth above.
7. Repeal. The City Council repeals those provisions of any ordinance that conflict with the language of this Ordinance.
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 one year following adoption.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this __________ day of _____________________________, 2022.
The City of East Wenatchee, Washington
By _________________________________ Jerrilea Crawford, Mayor Authenticated: _____________________________________ Maria Holman, City Clerk Approved as to form only: _____________________________________ Sean P. Lewis, Assistant City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
04/05/2022 City Council Meeting Agenda Packet. Page 41 of 141
City of East Wenatchee Ordinance 2022-11 with Exhibit A Page 3 of 3 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
Summary of Ordinance No. 2022-11
Of the City of East Wenatchee, Washington
On the __________ day of ______________________________, 2022, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2022-11, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending chapter 8.16 of the East Wenatchee Municipal Code to allow sales and discharge of fireworks within the City for New Year’s and prohibit the sales and discharge of fireworks at all other times, except for licensed public displays, containing a severability clause, and establishing an effective date.
The full text of this Ordinance is available at www.eastwenatcheewa.gov.
Dated this __________ day of ________________________________, 2022.
_____________________________
Maria Holman, City Clerk
04/05/2022 City Council Meeting Agenda Packet. Page 42 of 141
EXHIBIT A
City of East Wenatchee Ordinance 2022-11- Exhibit A Page 1 of 5
8.16.010 RCW adopted by reference. The provisions, including but not limited to definitions, set forth in Chapter 70.77 RCW as the same exists now or as it may hereafter be amended are hereby adopted by reference as applicable in the city except as specifically set forth in other sections of this chapter of the East Wenatchee Municipal Code. Conflicts between state law (statutes or regulations) and this chapter are resolved in favor of this chapter. 8.16.020 WAC adopted by reference. The provisions, including but not limited to definitions, set forth in Chapter 212-17 WAC as the same exists now or as it may hereafter be amended are hereby adopted by reference as applicable in the city, except as specifically set forth in other sections of this chapter of the East Wenatchee Municipal Code.
8.16.030 Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter:
“Allowed fireworks” includes consumer fireworks as defined by state law, but specifically excluding firecrackers, roman candles, salutes, chasers, skyrockets and missile-type rockets, mortar-type fireworks, aerial fireworks, and fireworks not specifically listed that fly, explode, or travel more than one foot into the air or more than six feet on
the ground.
“Common fireworks” shall mean common fireworks as defined in WAC 212-17-035 as the same exists now or may
hereafter be amended. The term “common fireworks” as used in this chapter shall include “consumer fireworks” as that term is defined in RCW 70.77.136 as the same exists now or may hereafter be amended.
“Local fire official” shall mean the chief of the Douglas County Fire Protection District No. 2 or his or her designee. (Ord. 04-02 §1, 2004)
“Person” means and includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate or any other group or combination acting as a unit.
8.16.040 “Retailer” permit. A. Retailer permits may be issued only for the sale of allowed fireworks as defined herein. Any person desiring to act as a retailer of common allowed fireworks within the City shall first make written application for a permit through the city clerk to the local fire official. The application for a permit shall be signed by the applicant and delivered to the city clerk between April 1st and April 30th October 1st and October 31st of the year for which the application is made. The application shall be on such form as the local fire official shall require and shall include, at
a minimum, the following information:
1. The name, address, and telephone number of the applicant;
2. A statement by the person signing as the applicant that he or she is over 18 years of age and authorized by the applicant entity to sign the application;
3. A statement as to whether the applicant possesses a retailer license issued by the director of the Washington State Patrol Fire Protection Bureau and the current status of the license;
4. The proposed location at which the applicant intends to act as a retailer of common allowed fireworks under the permit applied for; and
5. Such other information as the local fire official may require in order to make any investigation required by this chapter.
B. All applications for retailer permits pursuant hereto shall be accompanied by a nonrefundable permit processing fee, in the amount of $100.00 per retailer fireworks stand. One-half of the permit fee shall be retained by the city and
one-half shall be disbursed to Douglas County Fire Protection District No. 2.
04/05/2022 City Council Meeting Agenda Packet. Page 43 of 141
EXHIBIT A
City of East Wenatchee Ordinance 2022-11- Exhibit A Page 2 of 5
C. All applications for permits pursuant hereto shall be accompanied by a certificate of insurance as evidence that the applicant carries a comprehensive general liability insurance policy written on an “occurrence basis” and not a “claims made basis” with the minimum coverage of $1,000,000 for bodily injury liability for each person and event and not less than $1,000,000 for property damage liability for each event. Such general liability policy shall name the city and Douglas County Fire Protection District No. 2 as additional named insureds, must be in full force and effect for the duration of the retailer permit, and shall include a provision prohibiting cancellation of the policy
without 30 days’ written notice to the city.
D. The applicant shall post with the city a cash deposit in the amount of not less than $500.00, conditioned upon the
prompt removal of the temporary fireworks stand and the cleaning of all debris from the site of the stand, which deposit shall be returned to the applicant only in the event the temporary stand is removed and all debris is cleaned up, within 72 hours of the allowed fireworks sale period closing, to the satisfaction of the local fire official or his or her designee. In the event the applicant fails to do so, the cash deposit shall be forfeited. In no event shall the applicant be entitled to the return of the cash deposit if the applicant fails to remove the stand and clean up all debris by the sixth of July following the sales. Return of the deposit is further conditioned upon the applicant complying
with the requirements of EWMC 8.16.050.
E. The applicant shall be required to report to the State Department of Revenue the city’s sales tax number in
conjunction with payment of any sales taxes due from retail sales originating in the city.
F. The local fire official or his/her designee shall conduct an investigation and, if the provisions of this chapter are
complied with, notify the city clerk in writing to issue a permit or if the provisions of this chapter are not complied with, prepare a report of his/her findings and conclusions detailing why the permit should not be issued and provide the same to the applicant and the city clerk. An applicant aggrieved by the decision of the local fire official may appeal the decision by filing an appeal in the Douglas County superior court and serving a copy of the appeal on the city clerk and the local fire official within 10 days of the receipt of the decision of the local fire official. (Ord. 04-02 §1, 2004)
8.16.050 Retailer – Public safety advertising. Each fireworks retailer shall be required for each fireworks stand to spend a minimum of $300.00 in public safety
and public awareness advertising for the purpose of educating the public concerning the hours of operation, restrictions on which fireworks may be discharged in the city, and advising adults about the risks of the use of fireworks by children. This advertising may address other fireworks-related public safety topics approved by the local fire official. Proof of the amount spent on this advertising shall be provided to the city clerk. The public service
advertising performed pursuant to this section shall not identify any specific product and may be performed individually or jointly with other fireworks retailers located in the Greater East Wenatchee area. Failure to comply
with this provision shall result in the retention of funds from the cleanup deposit provided to the city pursuant to EWMC 8.16.040 in the amount equal to the amount not spent on this required public safety advertising. (Ord. 04-02 §1, 2004)
8.16.060 Restrictions upon the retail sale and discharge of fireworks within the city.
It shall be unlawful to offer for sale at retail or to engage in the retail sale of, or to discharge within the city, any of the following fireworks, notwithstanding the inclusion of any of such fireworks within the definition of “common fireworks” as defined in WAC 212-17-035: Those listed in WAC 212-17-035(2), Aerial Device, paragraphs (a), (b), and (c) and in WAC 212-17-035(3), Combination Items. (Ord. 04-02 §1, 2004)
Whether permitted by state law or not, it shall be unlawful for any person at any time to sell, store, offer for sale, expose for sale, use, fire or discharge firecrackers, roman candles, salutes, chasers, skyrockets and missile-type rockets , mortar-type fireworks, aerial fireworks, and those fireworks not specifically listed, that fly, explode, or travel more than one foot into the air or more than six feet on the ground.
Whether permitted by state law or not, it shall be unlawful for any person at any time to possess or store aerial fireworks, and those fireworks not specifically listed, that fly, explode, or travel more than one foot into the air or more than six feet on the ground.
04/05/2022 City Council Meeting Agenda Packet. Page 44 of 141
EXHIBIT A
City of East Wenatchee Ordinance 2022-11- Exhibit A Page 3 of 5
Except as otherwise provided in this chapter, no person may sell, offer for sale, or expose for sale, fireworks of any kind within the city unless the person possesses a retailer permit issued under EWMC 8.16.030 and is operating in compliance with that permit and the terms of this chapter.
Except as otherwise allowed in this chapter with respect to the use, fire and discharge of allowed fireworks, no person may use, fire or discharge fireworks of any kind within the city unless the person is permitted under EWMC 8.16.100 and is operating in compliance with that permit and the terms of this chapter.
8.16.070 Dates and times retail sale of common allowed fireworks permitted. The retail sale of common allowed fireworks by licensed fireworks retailers in the city is shall be permitted only on the following dates and times:
Between the hours of 10:00 a.m. to 10:00 p.m. each day on July 1st through July 3rd and between the hours of 10:00 a.m. and 9:00 p.m. on July 4th. (Ord. 04-02 §1, 2004)
from twelve o'clock noon to eleven o'clock p.m. on each day from the twenty-seventh of December through the thirty-first of December of each year.
8.16.080 Dates and times discharge of common allowed fireworks permitted. Common Allowed fireworks that are permitted to be sold by licensed retailers within the city may be discharged within the city only on the following dates and times: from six o'clock p.m. on December 31st until one o'clock a.m.
on January 1st inclusive.
A. Between the hours of 1:00 p.m. and 11:59 p.m. on July 3rd and 4th; and
B. Between the hours of 6:00 p.m. on December 31st and 1:00 a.m. on January 1st. (Ord. 04-02 §1, 2004)
8.16.090 Retail stand signage requirements. In addition to other signs required by state law the provisions of Chapter 212-17 WAC, the following signage on each retail fireworks stand shall be is required:
A. A sign designating that only common allowed fireworks permitted to be sold by retailers in the city may be discharged in the city, reading “ONLY COMMON ALLOWED FIREWORKS LIKE THOSE SOLD HERE MAY
BE DISCHARGED IN THE CITY” in letters at least two inches high, with a principal stroke of not less than one-half inch on contrasting background, shall be conspicuously posted on all four sides of the stand.
B. Signs reading “DISCHARGE OF FIREWORKS IS PERMITTED JULY 3 AND JULY 4 BETWEEN THE HOURS OF 1:00 P.M. AND 11:59 P.M. ONLY BETWEEN THE HOURS OF 6:00 P.M. ON DECEMBER 31ST AND 1:00 A.M. ON JANUARY 1ST ONLY.”
C. Signs reading “DISCHARGES OF BOTTLE ROCKETS, SKY ROCKETS, MISSILE-TYPE ROCKETS, FIRECRACKERS, SALUTES, AND CHASERS IS ILLEGAL AND WILL SUBJECT THE VIOLATOR TO CRIMINAL PROSECUTION.” (Ord. 04-02 §1, 2004)
8.16.100 Application for public display of fireworks permit. A. In addition to the applicable requirements of state law, including Chapter 70.77 RCW and/or Chapter 212-17 WAC as the same each exist now or may hereafter be amended, an applicant for a public display of fireworks shall make application in writing through the city clerk to the local fire official at least 10 days in advance of the proposed display. In addition to providing proof of general liability insurance with limits required under state law pursuant to Chapter 70.77 RCW, proof that the insurance is written on an “occurrence basis” and not a “claims made basis” shall be provided. Such general liability policy shall name the city and Douglas County Fire Protection District No. 2 as additional named insureds, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days’ written notice to the city.
04/05/2022 City Council Meeting Agenda Packet. Page 45 of 141
EXHIBIT A
City of East Wenatchee Ordinance 2022-11- Exhibit A Page 4 of 5
B. All public fireworks displays shall conform to the following minimum standards and conditions:
1. For all public fireworks displays the display itself must be planned, organized and discharged by a state-
licensed pyrotechnician.
2. A permit application must be made through the city clerk to the local fire official and, if approved by the
local fire official, a license obtained from the city clerk, prior to any public display of public fireworks. The permit processing fee shall be $100.00 and shall accompany the application. One-half of the permit fee revenue shall be retained by the city and one-half shall be disbursed to Douglas County Fire Protection District No. 2. The permit shall include the name of the applicant and his/her address; the name of the pyrotechnician and his/her address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the manner in which the fireworks are being stored prior to the public fireworks
display; and the name and address of the insurance company providing the required insurance required.
3. A scaled drawing shall be submitted to the local fire official showing a plan view of the fireworks discharge
site and the surrounding area within a 500-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, bodies of water and any other significant factors that may be subject to ignition or
that may inhibit fire-fighting capabilities.
4. A Douglas County Fire District No. 2 department fire-fighting apparatus and a minimum of two trained fire district firefighters shall be on site at the location of the display from 30 minutes prior to, during, and for 30 minutes after the event. The applicant shall make arrangement for the firefighting equipment and pay the fire district for personnel and for apparatus as per the Washington State Fire Chiefs Association’s fee schedule, or the fire district fee schedule if said schedule ceases to exist.
5. All combustible debris and trash shall be removed from the area of discharge for a distance of 500 feet in all directions.
6. All unfired or “dud” fireworks shall be disposed of in a safe manner.
7. A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site.
8. The permit may be immediately revoked at any time deemed necessary by the local fire official or his/her designee due to any noncompliance, lack of available equipment or personnel or any unsafe weather conditions such as extremely low humidity or wind factor. The display may also be canceled due to accidental ignition of
any combustible materials in the vicinity of the display.
C. In the event the local fire official determines that an application should be denied, the local fire official shall
prepare findings and conclusions in support of this decision and provide the same to the applicant. Any applicant aggrieved by the decision of the local fire official may appeal the decision by filing an appeal in the Douglas County superior court and serving a copy of the appeal on the city clerk and the local fire official within 10 days of the receipt of the decision of the local fire official.
8.16.110 State license required. No permit pursuant to the provisions of this chapter shall be issued until any permit required under state law is first obtained from the state of Washington required pursuant to the terms of Chapter 70.77 RCW or Chapter 212-17 WAC is obtained. (Ord. 04-02 §1, 2004)
8.16.120 Permit subject to revocation. Any permit issued pursuant to the terms of this chapter may be immediately revoked in the event of violation of the terms of this chapter or in the interest of protecting the public health, safety, and welfare as determined by the city chief of police or his/her designee and/or the local fire official. (Ord. 04-02 §1, 2004)
8.16.130 Discharge of fireworks prohibited at certain locations. No fireworks of any type or classification shall be discharged within the city at any of the following locations:
04/05/2022 City Council Meeting Agenda Packet. Page 46 of 141
EXHIBIT A
City of East Wenatchee Ordinance 2022-11- Exhibit A Page 5 of 5
A. In or upon any publicly owned property; provided, that the chief administrative officer of publicly owned property may issue written permits for the discharge of common fireworks on such terms and conditions as shall be
deemed necessary to protect the public, public property, and private property;
B. Within 300 feet of any hotel, motel or other lodging facility, hospital, convalescent center, assisted-living center,
public library, church, synagogue, or any other place of worship;
C. Within 500 feet of any gasoline station, tank or premises where flammable liquids or gases are used or stored for
dispensing where the volume stored is in excess of 500 gallons;
D. Within or from any structure, vehicle, or vessel.
8.16.140 Violations – Penalties. The penalties and violations as set forth in RCW 70.77.485, 70.77.488, 70.77.495, 70.77.510, 70.77.515, and 70.77.517 are hereby adopted as ordinances of the city and to the extent said state law provisions reference misdemeanor or gross misdemeanor penalties, those penalties shall be as the same are set forth in EWMC 1.20.010. (Ord. 04-02 §1, 2004)
Notwithstanding the below, a violation of an RCW or WAC provision may be charged as such, and thus is enforceable under state law.
1) A first violation of this chapter in a given calendar year shall be a Class 2 civil infraction having a penalty of up to $100 not including statutory assessments.
(2) A second or subsequent violation of this chapter in a given calendar year shall be a Class
1 civil infraction having a penalty of up to $175 not including statutory assessments.
8.16.150 Violations – Penalties adopted by reference. Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter or any of the provisions of Chapter 70.77 RCW or Chapter 212-17 WAC as the same each exist now or may hereafter be amended is guilty of a misdemeanor punishable as set forth in EWMC 1.20.010. (Ord. 04-02 §1, 2004)
8.16.160 Separate violations – Continuing offense. A person is guilty of a separate offense for each day during which he commits, continues, or permits a violation of any provision of, or any order, rule, or regulation made pursuant to this chapter, Chapter 70.77 RCW, or Chapter 212-17 WAC as the same each exist now or may hereafter be amended. (Ord. 04-02 §1, 2004)
04/05/2022 City Council Meeting Agenda Packet. Page 47 of 141
East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Resolution 2022-12 City of Wenatchee Decant Facility Use Agreement
Date: April 5, 2022
I. Summary Title:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
execute an agreement between the City of East Wenatchee and the City of Wenatchee
for use of the City of Wenatchee Decant Facility.
II. Background/History:
The City of East Wenatchee operates a robust street sweeping and catch basin
cleaning program as a part of its Municipal Stormwater Permit with the Department
of Ecology. These activities collect sediment, garbage, heavy metals, and other
pollutants from the City’s streets and stormwater system. These materials are
collected and decanted before being disposed of.
Once construction of the new East Wenatchee Public Works facility begins, the City
will no longer have a suitable location on site to manage this material. The City of
Wenatchee recently built a dedicated decant facility and allows other municipalities
to utilize it on a per trip basis.
The total cost of this agreement includes a $2,400 annual administration fee, plus a
$180 tipping fee. The total tipping fee was estimated to be $75,000 per year based
on existing practices.
III. Recommended Action:
Approve Resolution 2022-12 authorizing the Mayor to execute the City of Wenatchee
Decant Facility Use Agreement.
IV. Exhibits:
1. Resolution 2022-12
City of
04/05/2022 City Council Meeting Agenda Packet. Page 48 of 141
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
$180 per trip. $75,000 No
04/05/2022 City Council Meeting Agenda Packet. Page 49 of 141
City of East Wenatchee Resolution 2022-12 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 2
City of East Wenatchee, Washington
Resolution No. 2022-12
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an agreement between the City of East Wenatchee
and the City of Wenatchee for use of the City of Wenatchee Decant
Facility.
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 a contract amendment 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.
04/05/2022 City Council Meeting Agenda Packet. Page 50 of 141
City of East Wenatchee Resolution 2022-12 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 2
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2022.
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: __________
04/05/2022 City Council Meeting Agenda Packet. Page 51 of 141
Page 1 of 6
City of Wenatchee
Wenatchee Valley Regional Decant Facility
Use Agreement
THIS FACILITY USE AGREEMENT (this "Agreement'') is entered into this ____ day of _________2022,
between the City of Wenatchee, a municipal corporation (the "City”), a municipal corporation of the
State of Washington and City of East Wenatchee ("East Wenatchee”), collectively referred to herein as
the "Parties.", in consideration of the mutual promises and covenants hereinafter set forth.
1.0 Purpose
1.1 The purpose of this Agreement is to allow the disposal of street waste at the Wenatchee
Valley Regional Decant Facility (the “Facility”) located at 1745 South Wenatchee,
Wenatchee, Washington.
2.0 Term
2.1 The term shall commence on April 18, 2022 and terminate after five (5) years unless
otherwise terminated upon mutual agreement of both Parties.
3.0 Premises
3.1 The City grants to East Wenatchee the right to use the Facility in accordance with this
Agreement.
4.0 Schedule
4.1 Use of the site is limited to the operating hours established by the City of Wenatchee.
The typical hours of operation will be Monday through Friday from 7:00 AM to 3:30 PM.
The Facility hours of operation may vary seasonally. The City will notify East Wenatchee
in advance of any changes to these hours of operation.
4.2 The Facility will be closed on all holidays observed by the City of Wenatchee.
4.3 Use of the Facility outside the established hours of operation must be pre-approved by
the City.
5.0 Fees and Charges
5.1 East Wenatchee will be billed an annual fee of $2,400.00, which will be billed on the first
quarter invoice and a tipping fee of $180.00 per trip. The annual fee will be pro-rated
for the first year based on the effective date of this Agreement.
5.2 The tipping fee may be increased based on changes to the City’s waste disposal contract
with Waste Management. The City shall notify East Wenatchee in writing of any
proposed changes to the tipping fee ninety (90) calendar days prior to the
implementation of the new tipping fee.
EXHIBIT- A
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 1 of 6
04/05/2022 City Council Meeting Agenda Packet. Page 52 of 141
Page 2 of 6
5.3 If damages are incurred to the Facility attributable to East Wenatchee, the cost of
repairing the damage plus a 15% administration fee will be billed to East Wenatchee and
shall be paid within 30 days of date of invoice.
5.4 If East Wenatchee leaves a suspect load at the Facility as defined by the most current
version of the Operations and Maintenance Plan, East Wenatchee will be responsible
for the testing and disposal costs as well as any costs associated with cleaning the
Facility following the removal of the suspect load plus a 15% administration fee which
shall be paid within 30 days of date of invoice.
5.5 The City will invoice East Wenatchee for tipping fees at the end of each quarter.
Payment will be due within 30 days of date of invoice.
6.0 Use
6.1 The City will operate and maintain the Facility.
6.2 All use of the Facility shall be in accordance with the most current version of the
Wenatchee Regional Decant Facility Operations and Maintenance Plan.
6.3 Waste approved for disposal is limited to eductor truck waste from the maintenance of
a separate stormwater system and street sweepings.
6.3 Waste disposal logs must be submitted no later than the 5th of the month following the
end of the quarter, i. e. April 5th, July 5th, October 5th, and January 5th.
7.0 Insurance
7.1 East Wenatchee agrees to maintain insurance or self-insure against all risks in any way
related to, or arising out of, the use of the Facility. East Wenatchee’s insurance, in
whichever form, shall be primary insurance for all risks related to, or arising out of, East
Wenatchee’s use of the Facility.
8.0 Mutual Indemnification
8.1 East Wenatchee shall indemnify, defend and hold harmless the City, its respective
officers, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, arising from injury or death to persons or damage to property
occasioned by any negligent act, omission or failure of East Wenatchee, its officers,
agents, contractors, employees and volunteers, in connection with or arising out of this
Agreement.
8.2 The City shall indemnify, defend and hold harmless East Wenatchee, its respective
officers, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, arising from injury or death to persons or damage to property,
occasioned by any negligent act, omission, or failure of the City, its officers, agents, and
employees, in connection with or arising out of this Agreement.
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 2 of 6
04/05/2022 City Council Meeting Agenda Packet. Page 53 of 141
Page 3 of 6
9.0 Severability
9.1 I In the event that any provision of this Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such provision shall be enforced and
validated to the extent permitted by law. All other provisions of this Agreement are
severable, and the unenforceability or invalidity of any single provision hereof shall not
affect the remaining provisions.
10.0 Modification; No Assignment
10.1 No alteration, changes, or amendments of this Agreement will be binding upon either
party unless the same are written and executed by the parties.
10.2 This Agreement shall not be assignable by East Wenatchee.
11.0 Time is of the Essence
11.1 Time is of the essence of this Agreement, and of each and every term, condition and
provision.
12.0 Waiver
12.1 The waiver by the City or East Wenatchee of any breach of any term contained in this
Agreement shall not be deemed to be a waiver of such term for any subsequent breach
of the same or any other term.
13.0 Attorneys Fees
13.1 In the event of litigation regarding any terms of this Agreement, the Parties shall bear
their own attorney fees and costs incurred therein.
14.0 Notices
14.1 Notices under this Agreement must be in writing and must be sent by registered or
certified mail to the last known address of the party to whom the notice is to be given,
as designated by such party in writing. The City and East Wenatchee hereby designate
their addresses as follows:
City of Wenatchee
Public Works Director
P.O. Box 519, Wenatchee, WA 98807-0519
City of East Wenatchee
Public Works Manager
271 9th St NE, East Wenatchee WA 98802
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 3 of 6
04/05/2022 City Council Meeting Agenda Packet. Page 54 of 141
Page 4 of 6
15.0 Governing Law/Venue
15.1 This Agreement is governed by the laws of the State of Washington. The jurisdiction of
any action hereunder shall be in the Superior Court, Chelan County, Washington.
16.0 Termination & Modification
16.1 The City reserves the right to modify or terminate this Agreement at any time in the
event it deems modification or termination is necessary to preserve the integrity and
function of the Facility. The City shall notify East Wenatchee in writing of any proposed
modifications or termination thirty (30) calendar days prior to the implementation of
such modifications or termination.
16.2 If East Wenatchee terminates this Agreement prior to the expiration date, East
Wenatchee shall pay the annual fees pro-rated to the termination date of the Agreement.
DATED this _____ day of ______________, 2022.
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 4 of 6
04/05/2022 City Council Meeting Agenda Packet. Page 55 of 141
Page 5 of 6
By
________________________
Jerrilea Crawford, MayorCity of East Wenatchee
Attest:
___________________________
Maria Holman, City Clerk
Approved as to form only:
___________________________ Robert R. Siderius, City Attorney
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 5 of 6
04/05/2022 City Council Meeting Agenda Packet. Page 56 of 141
Page 6 of 6
CITY OF WENATCHEE, a Washington municipal
corporation
By: ____________________________
Frank Kuntz, Mayor
ATTEST:
By: ___________________________
Tammy Stanger, City Clerk
DATED this _____ day of ______________, 2022.
APPROVED AS TO FORM:
__________________________________
City Attorney
__________________________________
Date
City of East Wenatchee Resolution 2022-12, Exhibit - A Page 6 of 6
04/05/2022 City Council Meeting Agenda Packet. Page 57 of 141
East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Resolution 2022-13 National Highway Systems Asset Management Program
Grants for Grant Road Preservation and Rehabilitation
Date: April 5, 2022
I. Summary Title:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
execute a consultant agreement between the City of East Wenatchee and RH2
Engineering for the Grant Road Preservation Projects.
II. Background/History:
In 2021 the City applied for and received the National Highway Systems Asset
Management Grant to install a concrete intersection at Grant Road & Highline Drive,
as well as to overlay Grant Road from N Georgia Ave to N Kentucky Ave. The City
was awarded $1,303,000 for the intersection, and $1,543,000 for the overlay, with
no local match requirement.
The City published a request for qualifications (RFQ), and reviewed submittals from
four local engineering firms. Following interviews with all firm’s staff identified RH2
as the most qualified consultant. In addition to the above-mentioned projects the
City also included an optional third task in the RFQ. This third task includes
designing an overlay on Grant Road from Valley Mall Parkway to N Georgia Ave.
The reason for this third task is to ensure that if the City is awarded construction
grant funding for task 3 it will be constructed the same year (2023) as the other two
projects. The City currently has one grant application for this section pending review,
and will be submitting another this Fall if the first is unfunded. This would avoid
Grant Road being impacted by construction for multiple years in a short window. If
grant funds are not received for this portion prior to 2023 the City can use the
completed designs to submit future grant applications that will have a competitive
edge due to the design already being completed. The additional fee for design of this
third task is $57,121.
This contract is currently under review from WSDOT, but no major changes are
expected.
City of
04/05/2022 City Council Meeting Agenda Packet. Page 58 of 141
III. Recommended Action:
Approve Resolution 2022-13 authorizing Mayor Crawford to negotiate and execute
the Consultant Agreement with RH2 Engineering contingent upon WSDOT
approval.
IV. Exhibits:
Resolution 2022-13
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
290,123.61 $238,000 Yes - $52,123.61
04/05/2022 City Council Meeting Agenda Packet. Page 59 of 141
City of East Wenatchee Resolution 2022-13 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 2
City of East Wenatchee, Washington
Resolution No. 2022-13
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute a consultant agreement between the City of East
Wenatchee and RH2 Engineering for the Grant Road Preservation and
Rehabilitation Projects.
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 a
contract 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 _____ day of _______________, 2022.
04/05/2022 City Council Meeting Agenda Packet. Page 60 of 141
City of East Wenatchee Resolution 2022-13 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 2
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: __________
04/05/2022 City Council Meeting Agenda Packet. Page 61 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 1 of 34
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Maximum Amount Payable:
Index of Exhibits
Exhibit A Exhibit B Exhibit C Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
EXHIBIT - A City of East Wenatchee Resolution 2022-13, Exhibit - A Page 1 of 5304/05/2022 City Council Meeting Agenda Packet. Page 62 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 2 of 34
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the _________________________________________________________________,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish consulting services to the
AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A”
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was
developed utilizing performance based contracting methodologies.
III.General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the
State of Washington.
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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C
– Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth
below: If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time.
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V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon thenegotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of thisAGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject torenegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 daysfollowing FYE date) upon written request of the CONSULTANT or the AGENCY. The written request mustbe made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no suchwritten request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and“E” will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications toaid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine theCONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates andclassifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of theAGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred duringthe provisional or conditional period will not be adjusted. The CONSULTANT may request an extension ofthe last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirectcost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized ina final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components ofthe hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus
fee.
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A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to theCONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, longdistance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will bereimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANTshall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) inaccordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, andall revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
“Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorizedin A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit “D,” including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that suchfinal audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by theAGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution
Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s
Project Manager.
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VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E”
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT.
Agreement Number:
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VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
•Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
•Federal-aid Highway Act of 1973 (23U.S.C. Chapter 3 § 324)
•Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §794)
•Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
•Civil Rights Restoration Act of 1987 (Public Law
100-259)
•American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
•23 CFR Part 200
•49 CFR Part 21
•49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure
to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
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The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located.
XII.Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall
require a CONSULTANT
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to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’,
officers and employees’ failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
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Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent withminimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars($2,000,000.00) in the aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coveragefor any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combinedsingle limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the
additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 10 of 5304/05/2022 City Council Meeting Agenda Packet. Page 71 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 11 of 14
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of thisAGREEMENT in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and(3) other affected terms and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”under this clause within thirty (30) days from the date of receipt of the written order. However, if theAGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submittedbefore final payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY,
Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT.
XVII.Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes,
amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the
parties as a supplement to this AGREEMENT.
XVIII.Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 11 of 5304/05/2022 City Council Meeting Agenda Packet. Page 72 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 12 of 14
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information”
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver’s license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State’s Confidential Information was received; who received, maintained, and used the State’s
Confidential Information; and the final disposition of the State’s Confidential Information. The
CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
“Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 12 of 5304/05/2022 City Council Meeting Agenda Packet. Page 73 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 13 of 14
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) isgenerally utilized by unaffiliated third parties engaged in the same business or businesses as theCONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-
consultants’ information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even
though such litigation, claim, or audit continues past the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 13 of 5304/05/2022 City Council Meeting Agenda Packet. Page 74 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 14 of 14
For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher,
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 14 of 5304/05/2022 City Council Meeting Agenda Packet. Page 75 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit A Scope of Work
Project No.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 15 of 5304/05/2022 City Council Meeting Agenda Packet. Page 76 of 141
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EXHIBIT A
Scope of Work
City of East Wenatchee
Grant Road National Highway System
Asset Management Program Projects
March 2022
Background
RH2 Engineering, Inc., (RH2)was selected by the City of East Wenatchee (City)to assist with
intersection improvement and roadway preservation projects on Grant Road in East Wenatchee,
Washington.The City has received two federal grants and is pursuing funding for a third for a section
that will be designed under this contract.The three projects will be tracked in three separate tasks
as follows.
Task 1 –Grant Road and Highline Drive Rehabilitation
Task 2 –Grant Road Preservation –N Georgia Avenue to N Kentucky Avenue
Task 3 –Grant Road Preservation –Valley Mall Parkway to N Georgia Avenue (not currently
funded for construction)
Task 1 –Grant Road and Highline Drive Rehabilitation
Objective:Provide engineering services for a concrete intersection at Grant Road and Highline Drive.
Approach:
Obtain a topographic survey of the project area.This work will be completed by OverSite,LLC
(OverSite)as a subconsultant to RH2.
Review mapping of existing utilities. Coordinate with the following utilities to provide mapping
and confirm existing utilities.Coordinate with utilities to identify any facilities that need to be
replaced or relocated.RH2 will rely on the accuracy and completeness of utilities’
representations as to where their utilities are located.
a)East Wenatchee Water District (EWWD)
b)Douglas County Sewer District (DCSD)
c)Wenatchee Reclamation District (WRD)
d)Douglas County Public Utility District (PUD)
e)Cascade Natural Gas
f)Ziply
g)Spectrum
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 16 of 5304/05/2022 City Council Meeting Agenda Packet. Page 77 of 141
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
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Prepare the National Environmental Policy Act (NEPA) Categorical Exclusion (CE) form for the
project to submit through the Washington State Department of Transportation (WSDOT)Local
Programs office.It is assumed that the NEPA CE document will fulfill the Federal Highway
Administration (FHWA)NEPA requirements without the need for additional reports.
Prepare a Stormwater Site Plan and a Stormwater Pollution Prevention Plan (SWPPP)in
accordance with the Washington State Department of Ecology’s (Ecology)Stormwater
Management Manual for Eastern Washington (Manual).
Prepare the intersection design:
a)Conduct a field review to collect additional data;
b)Establish concrete intersection limits;
c)Prepare plan and profile sheets to include grading plan for concrete intersection;
d)Design four (4)Americans with Disabilities Act (ADA)ramps and four (4)driveway tie ins;
and
e)Prepare preliminary channelization plan.
Prepare the structural design of the concrete intersection:
a)Obtain up to eight (8)cores of the existing roadway section to obtain subgrade soil
properties.Cores will be conducted by Construction Special Inspection (CSI)as a service;
b)Prepare a technical memorandum summarizing the core data and subgrade soil
properties in the intersection;
c)Develop the concrete roadway section based on traffic loading and subgrade soil
properties;
d)Prepare the jointing plan; and
e)Coordinate with the American Concrete Paving Association for design review.
Prepare traffic control and staging plans.
Prepare an Engineer’s Estimate of probable construction costs and submit a 60-percent review
set of plans to the City and utilities.
Attend one (1)meeting with the City to discuss the schedule, progress, and design issues.The
meeting will be scheduled at least one (1) week prior to occurrence.
Provide public and stakeholder outreach for the intersection improvements:
a)Prepare a public involvement plan;
b)Coordinate with businesses adjacent to the intersection and those that use Grant Road as
a frequent haul route; and
c)Prepare up to five (5) exhibits for mailing,emailing,or using on the City’s website.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 17 of 5304/05/2022 City Council Meeting Agenda Packet. Page 78 of 141
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
3
3/22/20229:11:44 AM J:\Data\EW\W40\2022 Grant Rd\Contract\PSA_SOW_Grant Rd Asset Management Program.docx
Due to the unknown nature of this subtask, a total of forty (40) staff hours have been
estimated for this work. If additional effort is needed, that extra work will be mutually
determined between the City and RH2.
Prepare additional plans,including:
a)Cover and legend sheet;
b)Summary of Quantities with groups for each funding source;
c)Site preparation, survey control, and temporary erosion and sediment control (TESC)
sheets at 1-inch equals 20 feet plan scale;
d)Detail sheets required to support the construction of the intersection improvements,
including roadway sections, stormwater, utility adjustments,and other unique details not
contained in existing standards; and
e)Striping and signing sheets at 1-inch equals 20 feet plan scale.
Prepare special provisions based on WSDOT format.Prepare construction contract documents,
including schedule of prices and front-end bid documents.
Prepare an Engineer’s Estimate of probable construction costs for the proposed improvements
based on historical costs of similar projects in the vicinity.
Perform internal quality assurance and quality control (QA/QC) review on the design.
Assemble and present 90-percent review plans, front-end and technical specifications, and an
Engineer’s Estimate of probable construction costs (PS&E)for City and WSDOT review and
approval.
Address review comments from the City and WSDOT.Finalize the PS&E for bidding.Upload
PS&E to an online bidding service determined by the City.
Provide assistance during the bidding phase of the project.Provide clarification and
interpretation as needed during the advertisement period.Prepare up to two (2) addenda if
modifications to the project documents are deemed warranted by the City during the
advertisement period.Attend the bid opening, review the bids, and prepare a bid summary
tabulation.Based on the bids received, recommend the lowest qualified bidder.
Provide project management services.Prepare invoices, review for consistency,and monitor
RH2 budget spent. Review subconsultant invoices for accuracy. Provide the City with monthly
budget updates. Maintain RH2 project records.
Assumptions:
·A Construction Stormwater General Permit will not be required because disturbance is less
than one (1)acre.
·No Cultural Resources Report will be required.
·No changes will be required for the signal or illumination systems.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 18 of 5304/05/2022 City Council Meeting Agenda Packet. Page 79 of 141
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
4
3/22/20229:11:44 AM J:\Data\EW\W40\2022 Grant Rd\Contract\PSA_SOW_Grant Rd Asset Management Program.docx
·The City will be responsible for paying the advertisement costs for the various publications.
RH2 will provide the advertisement to the publications and upload the bid set through an
online bidding service.
·No additional right-of-way will be needed to construct the intersection improvements.
Provided by City:
·Any roadway coring information completed since the last overlay project.
·Traffic control for the coring operation.
·Review of documents at the 60-percent and 90-percent design level.
·Distribution of public outreach information through the City website,City email, and mailing,
if desired.
RH2 Deliverables:
·Topographic surveying in AutoCAD version 2005 or later.
·NEPA CE form in electronic PDF format.
·Stormwater Site Plan and SWPPP in electronic PDF format.
·Technical memorandum documenting soil properties in PDF format.
·One (1)set of 60-percent plans and Engineer’s Estimate of probable construction cost in PDF
format.
·Attendance at one (1) review meeting.
·Public involvement plan in PDF format.
·Five (5) exhibits for mailing/emailing in PDF format.
·One (1)set of 90-percent PS&E in PDF format.
·One (1)set of bid-ready PS&E in PDF format.
·Up to two (2) addenda in PDF format.
·Attendance at bid opening.
·Bid tabulation and recommendation of award letter in PDF format.
·Monthly invoices with budget updates in PDF format.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 19 of 5304/05/2022 City Council Meeting Agenda Packet. Page 80 of 141
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
5
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Task 2 –Grant Road Preservation –N Georgia Avenue to N Kentucky Avenue
Objective:Provide engineering services for preserving Grant Road with a grind and overlay project
between N Georgia Avenue and N Kentucky Avenue.
Approach:
Obtain a topographic survey of the project area.This work will be completed by OverSite as a
subconsultant to RH2.
Review mapping of existing utilities. Coordinate with the following utilities to provide mapping
and confirm existing utilities.Coordinate with utilities to identify any facilities that need to be
replaced or relocated.RH2 will rely on the accuracy and completeness of utilities’
representations as to where their utilities are located.
a)EWWD
b)DCSD
c)Greater Wenatchee Irrigation District
d)PUD
e)Cascade Natural Gas
f)Ziply
g)Spectrum
Prepare the NEPA CE form for the project to submit through the WSDOT Local Programs office.
It is assumed that the NEPA CE document will fulfill the FHWA NEPA requirements without the
need for additional reports.
Prepare a SWPPP in accordance with the Ecology Manual.
Prepare the roadway design:
a)Conduct a field review to collect additional data and identify potential pavement repair
areas;
b)Obtain up to eight (8)cores of the existing roadway section to obtain pavement thickness
and soil properties.Cores will be conducted by CSI as a service;
c)Prepare plan and profile sheets;
d)Design up to eight (8)ADA ramps; and
e)Prepare preliminary channelization plan.
Prepare traffic control and staging plans.
Prepare an Engineer’s Estimate of probable construction costs and submit a 60-percent review
set of plans to the City and utilities.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 20 of 5304/05/2022 City Council Meeting Agenda Packet. Page 81 of 141
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
6
3/22/20229:11:44 AM J:\Data\EW\W40\2022 Grant Rd\Contract\PSA_SOW_Grant Rd Asset Management Program.docx
Attend one (1) meeting with the City to discuss the schedule, progress, and design issues.The
meeting will be scheduled at least one (1) week prior to occurrence.
Provide public and stakeholder outreach for the roadway improvements:
a)Prepare a public involvement plan;
b)Coordinate with businesses adjacent to the intersection and those that use Grant Road as
a frequent haul route; and
c)Prepare up to five (5) exhibits for mailing, emailing, or using on the City’s website.
Due to the unknown nature of this subtask, a total of forty (40) staff hours have been
estimated for this work. If additional effort is needed, that extra work will be mutually
determined between the City and RH2.
Prepare additional plans,including:
a)Cover and legend sheet;
b)Summary of Quantities with groups for each funding source;
c)Site preparation, survey control, and TESC sheets at 1-inch equals 20 feet plan scale;
d)Detail sheets required to support the construction,including roadway sections,
stormwater, utility adjustments,and other unique details not contained in existing
standards; and
e)Striping and signing sheets at 1-inch equals 20 feet plan scale.
Prepare special provisions based on WSDOT format.Prepare construction contract documents,
including schedule of prices and front-end bid documents.
Prepare the Engineer’s Estimate of probable construction costs for the proposed improvements
based on historical costs of similar projects in the vicinity.
Perform internal QA/QC review on the project design.
Assemble and present 90-percent design PS&E for City and WSDOT review and approval.
Address review comments from the City and WSDOT.Finalize the PS&E for bidding.Upload the
PS&E to an online bidding service determined by the City.
Provide assistance during the bidding phase of the project.Provide clarification and
interpretation as needed during the advertisement period.Prepare up to two (2) addenda if
modifications to the project documents are deemed warranted by the City during the
advertisement period.Attend the bid opening, review the bids, and prepare a bid summary
tabulation.Based on the bids received, recommend the lowest qualified bidder.
Provide project management services.Prepare invoices, review for consistency,and monitor
RH2 budget spent. Review subconsultant invoices for accuracy. Provide the City with monthly
budget updates. Maintain RH2 project records.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 21 of 5304/05/2022 City Council Meeting Agenda Packet. Page 82 of 141
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
7
3/22/20229:11:44 AM J:\Data\EW\W40\2022 Grant Rd\Contract\PSA_SOW_Grant Rd Asset Management Program.docx
Assumptions:
·A Construction Stormwater General Permit will not be required because disturbance is less
than one (1)acre.
·No Cultural Resources Report will be required.
·No changes will be required for the signal at N Kentucky Avenue or illumination systems.
·Driveways will not need detailed design because roadway elevations will not change.
·The City will be responsible for paying the advertisement costs for the various publications.
RH2 will provide the advertisement to the publications and upload the bid set through an
online bidding service.
·No additional right-of-way will be needed to construct the roadway improvements.
Provided by City:
·Traffic control for the coring operation.
·Review of documents at the 60-percent and 90-percent design level.
·Distribution of public outreach information through the City website, City email, and mailing
if desired.
RH2 Deliverables:
·Topographic surveying in AutoCAD version 2005 or later.
·NEPA CE form in electronic PDF format.
·SWPPP in electronic PDF format.
·One (1)set of 60-percent plans and Engineer’s Estimate of probable construction costs in PDF
format.
·Attendance at one (1) review meeting.
·Public involvement plan in PDF format.
·Five (5) exhibits for mailing/emailing in PDF format.
·One (1)set of 90-percent PS&E in PDF format.
·One (1)set of bid-ready PS&E in PDF format for bidding.
·Up to two (2) addenda in PDF format.
·Attendance at bid opening.
·Bid tabulation and recommendation of award letter in PDF format.
·Monthly Invoices with budget updates in PDF format.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 22 of 5304/05/2022 City Council Meeting Agenda Packet. Page 83 of 141
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
8
3/22/20229:11:44 AM J:\Data\EW\W40\2022 Grant Rd\Contract\PSA_SOW_Grant Rd Asset Management Program.docx
Task 3 –Grant Road Preservation –Valley Mall Parkway to N Georgia Avenue
Objective:Provide engineering services for preserving Grant Road with a grind and overlay project
between Valley Mall Parkway and N Georgia Avenue.
Approach:
Obtain a topographic survey of the project area.This work will be completed by OverSite as a
subconsultant to RH2.
Review mapping of existing utilities. Coordinate with the following utilities to provide mapping
and confirm existing utilities. Coordinate with utilities to identify any facilities that need to be
replaced or relocated.RH2 will rely on the accuracy and completeness of utilities’
representations as to where their utilities are located.
a)EWWD
b)DCSD
c)WRD
d)PUD
e)Cascade Natural Gas
f)Ziply
g)Spectrum
Prepare the roadway design:
a)Conduct a field review to collect additional data and identify potential pavement repair
areas;
b)Obtain up to four (4)cores of the existing roadway section to obtain pavement thickness
and soil properties.Cores will be conducted by CSI as a service;
c)Prepare plan and profile sheets; and
d)Prepare preliminary channelization plan.
Prepare traffic control and staging plans.
Prepare an Engineer’s Estimate of probable construction costs and submit a 60-percent review
set of plans to the City and utilities.
Prepare additional plans,including:
a)Cover and legend sheet;
b)Summary of Quantities with groups for each funding source;
c)Site preparation, survey control, and TESC sheets at 1-inch equals 20 feet plan scale;
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 23 of 5304/05/2022 City Council Meeting Agenda Packet. Page 84 of 141
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
9
3/22/20229:11:44 AM J:\Data\EW\W40\2022 Grant Rd\Contract\PSA_SOW_Grant Rd Asset Management Program.docx
d)Detail sheets required to support the construction,including roadway sections,
stormwater, utility adjustments,and other unique details not contained in existing
standards; and
e)Striping and signing sheets at 1-inch equals 20 feet plan scale.
Prepare special provisions based on WSDOT format.Prepare construction contract documents,
including schedule of prices and front-end bid documents.
Prepare the Engineer’s Estimate of probable construction costs for the proposed improvements
based on historical costs of similar projects in the vicinity.
Perform internal QA/QC review on the project design.
Assemble and present 90-percent design PS&E for City review and approval.
Provide project management services.Prepare invoices, review for consistency,and monitor
RH2 budget spent. Review subconsultant invoices for accuracy. Provide the City with monthly
budget updates. Maintain RH2 project records.
Assumptions:
·This section is not funded for construction;therefore,only design tasks are included.If funding
is obtained, a supplement will need to be negotiated for environmental/permitting
requirements, public outreach,finalizing PS&E,and bidding tasks.
·No changes will be required for the illumination systems.
·Driveways will not need detailed design because roadway elevations will not change.
·No additional right-of-way will be needed to construct the roadway improvements.
Provided by City:
·Traffic control for the coring operation.
·Review of documents at the 60-percent and 90-percent design level.
RH2 Deliverables:
·Topographic surveying in AutoCAD version 2005 or later.
·One (1)set of 60-percent plans and Engineer’s Estimate of probable construction costs in PDF
format.
·One (1)set of 90-percent PS&E in PDF format.
·Monthly Invoices with budget updates in PDF format.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 24 of 5304/05/2022 City Council Meeting Agenda Packet. Page 85 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit B
DBE Participation Plan
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
Original Page 18 of 39 PagesCity of East Wenatchee Resolution 2022-13, Exhibit - A Page 25 of 5304/05/2022 City Council Meeting Agenda Packet. Page 86 of 141
EXHIBIT B
SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION PLAN
POLICY STATEMENT
The RH2 Engineering, Inc. (RH2) SBE Participation Plan is focused on enhancing and
maintaining opportunity for small business participation in construction projects. Our company is
committed to enhancing the economic growth of small businesses.
RH2 and its subcontractors shall take all necessary and reasonable steps in accordance with the
SBE plan to ensure that SBE’s have the opportunity to compete and perform work contracted
with WSDOT.
RH2 and its subcontractors are equal opportunity employers of all qualified individuals;
including minorities, women, veterans, individuals with disabilities, and regardless of race, color,
religion, sex, national origin, sexual orientation, gender identity or any other characteristic
protected by law and will not discriminate on these bases in the administration of contracts.
RESPONSIBILITY AND IMPLEMENTATION
The Company has appointed the below personnel to implement, maintain, and monitor the
utilization of this SBE Participation Plan by completing the following specific duties:
Project Manager
Solicit bids from SBE’s for our contracts.
Company Executive Vice President
Work with SBE subcontractors and WSDOT to handle any disputes that arise.
Project Manager
Submit all records, reports and documents required, and shall maintain such records for a
period of not less than three years, or as directed by any specific contractual
requirements.
Controller
Be responsible for monitoring and ensuring prompt payment to subcontractors by tracing
the progress of the projects and making sure that when work is complete, subcontractors
will get paid.
The project manager has been designated responsible for implementing the Company’s SBE
Outreach Action Plan.
SBE PARTICIPATION METHODS
Due to the barriers to SBE’s, it shall be the policy of RH2 to provide opportunity by utilizing the
following SBE outreach methods to promote participation on the contracts with WSDOT:
Original Page 19 of 39 PagesCity of East Wenatchee Resolution 2022-13, Exhibit - A Page 26 of 5304/05/2022 City Council Meeting Agenda Packet. Page 87 of 141
Attend any pre-bid/proposal meetings scheduled by WSDOT to inform SBE’s of
contracting and subcontracting opportunities.
Select portions of the work to be performed by SBE’s in order to increase the likelihood
of obtaining SBE participation if possible.
Demonstrate good faith effort with interested SBE’s, not rejecting SBE’s as unqualified
without good reason.
Utilize available services of small business and community organizations; local, state,
and federal small business assistance offices; and other organizations that provide
assistance in the recruitment and placement of SBE’s.
REPORTING
RH2 shall keep and maintain records that are necessary to determine the Company’s compliance
with its SBE Participation Plan. The Company will design its record keeping system to indicate:
1. The number of SBE subcontractors used by the Company, identifying the services
provided.
2. Documentation of all contacts, to include correspondence, telephone calls, newspaper
advertisements, e-mails, etc., to obtain SBE participation on WSDOT projects.
TRAINING
The Human Resources Manager will work with the Company Executive Vice President and
together communicate the policy and procedures to all relevant staff. If training is necessary, the
Company will seek assistance from WSDOT, Office of Equal Opportunity.
X________________________________________
Paul Cross, Executive Vice President
Original Page 20 of 39 PagesCity of East Wenatchee Resolution 2022-13, Exhibit - A Page 27 of 5304/05/2022 City Council Meeting Agenda Packet. Page 88 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 28 of 5304/05/2022 City Council Meeting Agenda Packet. Page 89 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 29 of 5304/05/2022 City Council Meeting Agenda Packet. Page 90 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 30 of 5304/05/2022 City Council Meeting Agenda Packet. Page 91 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 31 of 5304/05/2022 City Council Meeting Agenda Packet. Page 92 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit D Prime Consultant Cost Computations
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 32 of 5304/05/2022 City Council Meeting Agenda Packet. Page 93 of 141
EXHIBIT D
Fee Estimate
City of East Wenatchee
Grant Road National Highway System
Asset Management Program Projects
Mar-22
Description Principal Project Manager Project Engineer Staff Engineer Staff Engineer Technician Geologist Project Accounting Administrative
Support
Total
Hours
Total Labor Sub Cost Total Subconsultant Total Expense Total Cost
Task 1 Grant Road and Highline Drive Rehabilitation 26 142 8 24 146 144 24 12 16 542 95,979.50$ 1,600.00$ 1,600.00$ 9,553.85$ 107,133$
1.1 Obtain topographic survey -4 ---8 --12 1,822.12$ 1,600.00$ 1,600.00$ 275.00$ 3,697$
1.2 Review mapping and coordination with existing utilities -8 --8 ---16 3,116.16$ -$ 371.17$ 3,487$
1.3 Prepare NEPA CE form -16 --8 ---24 4,964.72$ -$ 55.00$ 5,020$
1.4 Prepare Stormwater Site Plan and SWPPP -4 --24 --2 30 4,971.36$ -$ 109.00$ 5,080$
1.5 Prepare intersection design 2 16 --24 ---42 8,120.50$ -$ 880.00$ 9,001$
1.6 Prepare structural design, including technical memorandum 2 2 8 24 8 -24 2 70 14,108.44$ -$ 1,357.50$ 15,466$
1.7 Prepare traffic control and staging plans 8 8 40 56 7,605.36$ -$ 1,450.00$ 9,055$
1.8 Prepare Engineer's Estimate and submit 60-percent review plans -4 --8 ---12 2,191.88$ -$ 315.00$ 2,507$
1.9 Attend one meeting with City to discuss project 2 2 --2 ---6 1,399.62$ -$ 1.76$ 1,401$
1.10 Provide public and stakeholder outreach 4 20 --16 ---40 8,397.76$ -$ 766.17$ 9,164$
1.11 Prepare additional plans -4 --8 40 --52 6,681.08$ -$ 1,375.00$ 8,056$
1.12 Prepare special provisions and construction contract documents 2 20 -----6 28 5,974.82$ -$ -$ 5,975$
1.13 Prepare Engineer's Estimate 2 2 --4 ---8 1,716.52$ -$ 137.50$ 1,854$
1.14 Perform internal QA/QC 8 -------8 2,482.32$ -$ 38.00$ 2,520$
1.15 Assemble and present 90-percent PS&E -8 --8 16 --32 4,911.84$ -$ 808.00$ 5,720$
1.16 Address review comments and finalize PS&E for bidding 2 8 --8 40 --58 8,225.94$ -$ 1,468.00$ 9,694$
1.17 Provide assistance during bidding phase -8 --12 ---20 3,749.96$ -$ 56.76$ 3,807$
1.18 Provide project management services 2 8 -----12 6 28 5,539.10$ -$ 90.00$ 5,629$
Task 2 Grant Road Preservation - N Georgia Avenue to N Kentucky Avenue60 172 --174 148 -12 16 582 106,833.14$ 7,920.00$ 7,920.00$ 11,116.35$ 125,869$
2.1 Obtain topographic survey -4 ---16 --20 2,719.96$ 7,920.00$ 7,920.00$ 495.00$ 11,135$
2.2 Review mapping and coordination with existing utilities -8 --40 ---48 8,186.56$ -$ 1,291.17$ 9,478$
2.3 Prepare NEPA CE form 2 20 --8 ---30 6,509.58$ -$ 55.00$ 6,565$
2.4 Prepare SWPPP -4 --4 ---8 1,558.08$ -$ 109.00$ 1,667$
2.5 Prepare roadway design 8 40 --40 ---88 18,063.12$ -$ 2,500.00$ 20,563$
2.6 Prepare traffic control and staging plans 2 8 20 30 5,638.14$ -$ 680.00$ 6,318$
2.7 Prepare Engineer's Estimate and submit 60-percent review plans 2 4 --4 16 --26 3,974.34$ -$ 685.00$ 4,659$
2.8 Attend one meeting with City to discuss project 2 2 --2 ---6 1,399.62$ -$ 1.76$ 1,401$
2.9 Provide public and stakeholder outreach 4 20 --16 ---40 8,397.76$ -$ 716.17$ 9,114$
2.10 Prepare additional plans 2 4 --8 60 --74 9,546.26$ -$ 1,925.00$ 11,471$
2.11 Prepare special provisions and construction contract documents 8 24 -----8 40 9,005.12$ -$ -$ 9,005$
2.12 Prepare Engineer's Estimate 2 2 --8 ---12 2,350.32$ -$ 247.50$ 2,598$
2.13 Perform internal QA/QC 8 -------8 2,482.32$ 58.00$ 2,540$
2.14 Assemble and present 90-percent PS&E 4 8 --4 16 --32 5,519.20$ 718.00$ 6,237$
2.15 Address review comments and finalize PS&E for bidding 4 8 --8 40 --60 8,846.52$ -$ 1,488.00$ 10,335$
2.16 Provide assistance during bidding phase 4 8 --12 ---24 4,991.12$ -$ 56.76$ 5,048$
2.17 Provide project management services 8 8 -----12 8 36 7,645.12$ -$ 90.00$ 7,735$
Task 3 Grant Road Preservation - Valley Mall Parkway to N Georgia Avenue12 76 --84 88 -8 12 280 47,494.60$ 3,680.00$ 3,680.00$ 5,946.17$ 57,121$
3.1 Obtain topographic survey -4 --8 ---12 2,191.88$ 3,680.00$ 3,680.00$ 275.00$ 6,147$
3.2 Review mapping and coordination with existing utilities -8 --24 ---32 5,651.36$ -$ 811.17$ 6,463$
3.3 Prepare roadway design 2 16 --8 40 --66 10,074.50$ -$ 1,930.00$ 12,005$
3.4 Prepare traffic control and staging plans 8 24 -32 5,651.36$ -$ 780.00$ 6,431$
3.5 Prepare Engineer's Estimate and submit 60-percent review plans -2 --4 ---6 1,095.94$ -$ 157.50$ 1,253$
3.6 Prepare additional plans -4 --4 40 --48 6,047.28$ -$ 1,265.00$ 7,312$
3.7 Prepare special provisions and construction contract documents 2 20 -----8 30 6,219.10$ -$ -$ 6,219$
3.8 Prepare Engineer's Estimate 2 2 --8 ---12 2,350.32$ -$ 247.50$ 2,598$
3.9 Perform internal QA/QC 4 -------4 1,241.16$ -$ 20.00$ 1,261$
3.10 Assemble and present 90-percent PS&E -8 --4 8 --20 3,380.20$ -$ 460.00$ 3,840$
3.11 Provide project management services 2 4 -----8 4 18 3,591.50$ -$ -$ 3,592$
PROJECT TOTAL 98 390 8 24 404 380 24 32 44 1404 250,307.24$ 13,200.00$ 13,200.00$ 26,616.37$ 290,123.61$
J:\Data\EW\W40\2022 Grant Rd\Contract\PSA_FEE_Grant Rd Asset Management Program.xlsm 3/22/2022 8:39 AM
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 33 of 5304/05/2022 City Council Meeting Agenda Packet. Page 94 of 141
City of East Wenatchee
Grant Road National Highway System Asset Management Program Projects
Classification / Job Title Hourly Overhead @ Profit @ Rate x Labor =Cost
Rate 195.10%35.00%Per Hour Hours
Professional I 35.00$ 68.29$ 12.25$ 115.54$ 0.0 -$
Professional II 42.00$ 81.94$ 14.70$ 138.64$ 0.0 -$
Professional III 48.00$ 93.65$ 16.80$ 158.45$ 404.0 64,013.80$
Professional IV 61.00$ 119.01$ 21.35$ 201.36$ 48.0 9,665.28$
Professional V 70.00$ 136.57$ 24.50$ 231.07$ 398.0 91,965.86$
Professional VI 82.00$ 159.98$ 28.70$ 270.68$ 0.0 -$
Professional VII 94.00$ 183.39$ 32.90$ 310.29$ 98.0 30,408.42$
Professional VIII 107.00$ 208.76$ 37.45$ 353.21$ 0.0 -$
Professional IX 139.00$ 271.19$ 48.65$ 458.84$ 0.0 -$
Technician I 22.00$ 42.92$ 7.70$ 72.62$ 0.0 -$
Technician III 30.00$ 58.53$ 10.50$ 99.03$ 0.0 -$
Technician V 34.00$ 66.33$ 11.90$ 112.23$ 380.0 42,647.40$
Administrative I 25.00$ 48.78$ 8.75$ 82.53$ 0.0 -$
Administrative II 26.50$ 51.70$ 9.28$ 87.48$ 0.0 -$
Administrative III 37.00$ 72.19$ 12.95$ 122.14$ 44.0 5,374.16$
Administrative IV 42.00$ 81.94$ 14.70$ 138.64$ 0.0 -$
Administrative V 59.00$ 115.11$ 20.65$ 194.76$ 32.0 6,232.32$
250,307.24$
Reimbursables Rate Qty
CAD System Per Hour $27.50 857 23,567.50$
GIS System Per Hour $27.50 0 -$
CAD Plots Half Size $2.50 0 -$
CAD Plots Full Size $10.00 5 50.00$
CAD Plots Large $25.00 0 -$
In-house copies (each)8.5" X 11" B&W $0.09 3400 306.00$
In-house copies (each)8.5" X 14" B&W $0.14 0 -$
In-house copies (each)11" X 17" B&W $0.20 0 -$
In-house copies (color) (each)8.5" X 11" Color $0.90 100 90.00$
In-house copies (color) (each)8.5" X 14" Color $1.20 0 -$
In-house copies (color) (each)11 X 17" Color $2.00 285 570.00$
Mileage $0.585 22 12.87$
Misc - Roadway Cores $2,020.00 1 2,020.00$
26,616.37$
Subconsultant Costs:13,200.00$
Subconsultant Markup:-$
Total Subconsultant:13,200.00$
Grand Total:290,123.61$
Prepared by:
A. Waligorski
Exhibit D Continued
Consultant Fee Determination - Nogotiated Hourly Rate Consultant Agreement
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 34 of 5304/05/2022 City Council Meeting Agenda Packet. Page 95 of 141
Labor Category
Direct Hourly
Labor
Rate
Overhead on
Direct
Labor
Fixed Fee on
Direct Labor
Total Hourly
Labor
Rate
195.10%35%
Professional I 35.00 68.29 12.25 115.54
Professional II 42.00 81.94 14.70 138.64
Professional III 48.00 93.65 16.80 158.45
Professional IV 61.00 119.01 21.35 201.36
Professional V 70.00 136.57 24.50 231.07
Professional VI 82.00 159.98 28.70 270.68
Professional VII 94.00 183.39 32.90 310.29
Professional VIII 107.00 208.76 37.45 353.21
Professional IX 139.00 271.19 48.65 458.84
Technician I 22.00 42.92 7.70 72.62
Technician III 30.00 58.53 10.50 99.03
Technician V 34.00 66.33 11.90 112.23
Technician VIII 65.00 126.82 22.75 214.57
Administrative I 25.00 48.78 8.75 82.53
Administrative II 26.50 51.70 9.28 87.48
Administrative III 37.00 72.19 12.95 122.14
Administrative IV 42.00 81.94 14.70 138.64
Administrative V 59.00 115.11 20.65 194.76
CAD/GIS System $/hr 27.50$
CAD Plots Half Size price/plot 2.50$
CAD Plots Full Size price/plot 10.00$
CAD Plots Large price/plot 25.00$
Copies (bw) 8.5" X 11"price/copy 0.09$
Copies (bw) 8.5" X 14"price/copy 0.14$
Copies (bw) 11" X 17"price/copy 0.20$
Copies (color) 8.5" X 11"price/copy 0.90$
Copies (color) 8.5" X 14"price/copy 1.20$
Copies (color) 11 X 17"price/copy 2.00$
Mileage
per mile
(or Current IRS
Rate)0.580$
Travel at Cost
Subconsultants at Cost
Outside Services at Cost
EXHIBIT D continued
Consultant Fee Determination - Summary Sheet
(Negotiated Hourly Rates of Pay)
RH2 Engineering, Inc.
0.585
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 35 of 5304/05/2022 City Council Meeting Agenda Packet. Page 96 of 141
August 16, 2021
RH2 Engineering, Inc.
22722 29th Drive SE, Suite 210
Bothell, WA 98021
Subject: Acceptance FYE 2020 ICR Audit Office Review
Dear Myra Sachs:
20 Indirect Cost Rate (ICR) of 195.10% of direct labor. 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:mya
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 36 of 5304/05/2022 City Council Meeting Agenda Packet. Page 97 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit E Sub-consultant Cost Computations
If no sub-consultant participation listed at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to
section VI “Sub-Contracting” of this AGREEMENT.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 37 of 5304/05/2022 City Council Meeting Agenda Packet. Page 98 of 141
February 21, 2022
ATTN: Erik Howe
RH2 Engineering
300 Simon Street Southeast Suite 5
East Wenatchee, WA 98802
509.670.5611
Subject: Proposal for Professional Land Surveying Services
Topographic Mapping & Modeling
Grant Road Corridor, Douglas County, Washington
Dear Mr. Howe,
Professional Land Surveying & Remote Sensing
OverSite LLC appreciates the opportunity to submit this budget proposal for providing a combination of
sUAS Photogrammetric and Conventional Topographic Mapping based on the request received February
11th, 2022.
The overall intent of this proposal is to perform a mapping survey with the intent of modeling the
existing conditions for the creation of a basemap from which civil design may be conducted. A more
detailed proposed scope of work by task follows:
Area of Coverage
The project consists of the Grant Road corridor from the intersection at Valley Mall Parkway east to the
intersection of North Kentucky Avenue and includes approximately 7,165 centerline feet of urban
principle arterial roadway. See the attached Mapping Limits Exhibit.
OverSite LLC
6 Fist Street, Suite 14
Wenatchee, WA 98801
P: 206.250.6665 W: www.oversite.tech
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 38 of 5304/05/2022 City Council Meeting Agenda Packet. Page 99 of 141
February 21, 2022
Mapping & Modeling Grant Road
Page 2 of 4
Scope of Work
sUAS Acquired Photogrammetric Topographic Survey
• Aerial mapping of the subject area for use in modeling the existing conditions.
• Mapping will locate visible evidence of the following, if applicable, but not limited to, existing
improvements:
o Curbs, gutters, sidewalks, and driveways/curb cuts
o Pavement limits, gravel limits, and concrete slabs
o Storm and sanitary sewer manholes, structures, stubs, cleanouts, etc.
o Water valves, water meters, fire hydrants, and water wells
o Stormwater conveyance ditches/streams
o Electrical power poles, guy wires, vaults, etc.
o Telephone pedestals and manholes/vaults
o Natural gas valves, meters, and warning markers
o Buildings, retaining walls, and outbuildings.
o Fences, bollards, light poles, and signs
o Ponds and monitoring wells
• OverSite will coordinate with 811 Locate Services for utility locates within the right-of-way.
• Aerial mapping will be augmented with traditional surveying equipment including a Topcon
GT503 robotic total station and dual frequency multi-constellation GNSS receivers if and where
required.
• OverSite will deliver a Civil3D.dwg that includes a surface model of the existing conditions. A
flight data quality report, and a georectified orthomosaic image compressed to 1GB will also be
included in the deliverables package.
• The topographic survey will be produced as a base map, for design purposes only. The
preparation of the topographic survey as a standalone, printable document with border and
title block and at a scale suitable for presentation purposes is not a part of this Scope of Services.
D:\_2022 Projects\_2022 Proposals\22 0221 Grant Road Mapping (RH2)\2022 0221 Mapping & Modeling Proposal.docx
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 39 of 5304/05/2022 City Council Meeting Agenda Packet. Page 100 of 141
February 21, 2022
Mapping & Modeling Grant Road
Page 3 of 4
Fee Estimate
OverSite proposes to provide the services listed above on a lump sum basis for a basic fee of $13,200.
The above scope of work and related fee has been based on the following assumptions:
• Client shall facilitate right of entry.
The following services are not included in this proposal:
• Any measurements within a structure.
• Right-of-Way determination
• All government fees including recording, these will be paid by the client.
D:\_2022 Projects\_2022 Proposals\22 0221 Grant Road Mapping (RH2)\2022 0221 Mapping & Modeling Proposal.docx
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 40 of 5304/05/2022 City Council Meeting Agenda Packet. Page 101 of 141
February 21, 2022
Mapping & Modeling Grant Road
Page 4 of 4
Authorization to Proceed
If the foregoing meets with your acceptance, please sign a copy of this letter and return it for our record
as authorization to continue with the services stated. I look forward to working with you on this project!
If you have any questions or need additional information, please call me at 206.250.6655, or email me at
joshua@oversite.tech.
Sincerely,
Joshua Velazquez, PLS
Owner
Acknowledgement and Authorization to Proceed
The undersigned hereby acknowledges this agreement and has authority to act on behalf of the Client
and authorizes OverSite LLC to proceed accordingly.
Name (Printed) Title
Signature Date
D:\_2022 Projects\_2022 Proposals\22 0221 Grant Road Mapping (RH2)\2022 0221 Mapping & Modeling Proposal.docx
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 41 of 5304/05/2022 City Council Meeting Agenda Packet. Page 102 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX ADuring the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department ofTransportation, (Title of Modal Operating Administration), as they may be amended from time to time, whichare herein incorporated by reference and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will notdiscriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The contractor will not participate directly orindirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor orsupplier will be notified by the contractor of the contractor's obligations under this contract and the Acts andthe Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [IncludeModal Operating Administration specific program requirements.]
4.Information and Reports: The contractor will provide all information and reports required by the Acts, theRegulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, othersources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discriminationprovisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of ModalOperating Administration) may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/orb.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. Inaddition, the contractor may request the United States to enter into the litigation to protect the interests of theUnited States.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 42 of 5304/05/2022 City Council Meeting Agenda Packet. Page 103 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibitsdiscrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because ofFederal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis ofsex);•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage andapplicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 andSection 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs oractivities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients andcontractors, whether such programs or activities are Federally funded or not);•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis ofdisability in the operation of public entities, public and private transportation systems, places of publicaccommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouragingprograms, policies, and activities with disproportionately high and adverse human health orenvironmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of limitedEnglish proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps toensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 43 of 5304/05/2022 City Council Meeting Agenda Packet. Page 104 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
Exhibit G-2
Exhibit G-3
Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing Data Exhibit G-4
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 44 of 5304/05/2022 City Council Meeting Agenda Packet. Page 105 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
______________________________________________________________________________________
whose address is
______________________________________________________________________________________
and that neither the above firm nor I have
a)Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this AGREEMENT;
b)Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services ofany firm or person in connection with carrying out this AGREEMENT; or
c)Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee workingsolely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kindfor, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expresslystated (if any);
I acknowledge that this certificate is to be furnished to the _________________________________________
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 45 of 5304/05/2022 City Council Meeting Agenda Packet. Page 106 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-1(b) Certification of ________________________________________
I hereby certify that I am the:
Other
of the _______________________________________, and ________________________________________
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a)Employ or retain, or agree to employ to retain, any firm or person; o
b)Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, orconsideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the ___________________________________________
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 46 of 5304/05/2022 City Council Meeting Agenda Packet. Page 107 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and itsprincipals:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction orcontract under a public transaction; violation of Federal or State anti-trust statues or commission ofembezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; an
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II.Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 47 of 5304/05/2022 City Council Meeting Agenda Packet. Page 108 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, 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 anyperson 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 any 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 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 forinfluencing or attempting to influence an officer or employee of any Federal agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connectionwith this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete andsubmit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with itsinstructions.
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 is 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 require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
$100,000.00 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shallrequire that the language of this certification be included in all lower tier sub-contracts, which exceed$100,000 and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 48 of 5304/05/2022 City Council Meeting Agenda Packet. Page 109 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s
representative in support of ______________________________________* are accurate, complete, and current as of ______________________________________________**.
This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing rate AGREEMENT’s between the offer or and the Government that are part of the proposal.
Firm: ___________________________________________________________________________
Signature Title
Date of Execution __________________________________________________________***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and thecontract price was agreed to.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 49 of 5304/05/2022 City Council Meeting Agenda Packet. Page 110 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit I Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios:
•It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,then the process will not proceed beyond this point.
•It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlementwith the consultant. The settlement would be paid to the agency or the amount would be reducedfrom the consultant’s agreement with the agency for the services on the project in which the design
error took place. The agency is to provide LP, through the Region Local Programs Engineer, a
summary of the settlement for review and to make adjustments, if any, as to how the settlement
affects federal reimbursements. No further action is required.
•There is not a mutual agreement regarding the alleged consultant design error(s). The consultant mayrequest that the alleged design error(s) issue be forwarded to the Director of Public Works or AgencyEngineer for review. If the Director of Public Works or Agency Engineer, after review with their legalcounsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 50 of 5304/05/2022 City Council Meeting Agenda Packet. Page 111 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Step 5 Forward Documents to Local Programs
For federally funded projects, all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt to
find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement.
•If mutual agreement is reached, the agency and consultant adjust the scope of work and costs toreflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federalparticipation in the agreed upon resolution of the issue.
•If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or
by litigation.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 51 of 5304/05/2022 City Council Meeting Agenda Packet. Page 112 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant’s claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
•Summation of hours by classification for each firm that is included in the claim
•Any correspondence that directed the consultant to perform the additional work;
•Timeframe of the additional work that was outside of the project scope;
•Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with theadditional work; and
•Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo,
including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim
procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 52 of 5304/05/2022 City Council Meeting Agenda Packet. Page 113 of 141
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
•Copy of information supplied by the consultant regarding the claim;
•Agency’s summation of hours by classification for each firm that should be included in the claim
•Any correspondence that directed the consultant to perform the additional work;
•Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate
with the additional work;
•Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
•Explanation to describe what has been instituted to preclude future consultant claim(s); and
•Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission
approval (as appropriate to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 53 of 5304/05/2022 City Council Meeting Agenda Packet. Page 114 of 141
CITY OF EAST WENATCHEE
AGENDA BILL
To: Mayor Crawford and City Council
From: Sean P. Lewis, Asst City Attorney
Date: Tuesday, April 5, 2022
Subject: Resolution 2022-17 – Interlocal Agreement between the City of
East Wenatchee and Douglas County for Douglas County to
develop an Emergency Management plan and provide services
required under RCW 38.52 on behalf of East Wenatchee
Summary Title: Resolution 2022-17 – Interlocal Agreement between the City of East
Wenatchee and Douglas County for Douglas County to develop an Emergency
Management plan and provide services required under RCW 38.52 on behalf of East
Wenatchee.
Background/History:
RCW Chapter 38.52 directs cities to establish a local organization or to be a member of
a joint local organization for emergency management in accordance with the state
comprehensive emergency management plan and program.
The City has previously contracted with Douglas County for the development of an
Emergency Management plan and for coordination and management of operational
and support activities required by RCW Chapter 38.52. The most recent agreement
expired December 31, 2021.
The proposed interlocal agreement is provided to satisfy East Wenatchee’s obligations
for 2022. The agreement proposes a population-based cost of $43,462,47 to offset the
cost of county emergency services provided to East Wenatchee during the calendar
year. This cost is fully budgeted.
Recommended Action: Motion to approve Resolution 2022-17 authorizing the
Mayor to execute an Interlocal Agreement between the City of East Wenatchee and
Douglas County as presented.
04/05/2022 City Council Meeting Agenda Packet. Page 115 of 141
City of East Wenatchee Resolution 2022-17 and 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. 2022-17
A Resolution of the City of East Wenatchee, Washington authorizing the
Mayor to execute an Interlocal Agreement between the City of East
Wenatchee and Douglas County for Douglas County to develop an
Emergency Management plan and provide services required under RCW
38.52 on behalf of 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 secretario 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.
04/05/2022 City Council Meeting Agenda Packet. Page 116 of 141
City of East Wenatchee Resolution 2022-17 and 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 _____ day of _______________, 2022.
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Maria Holman, City Clerk
Approved as to form only:
___________________________
Sean P. Lewis, Asst. City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Effective Date: __________
04/05/2022 City Council Meeting Agenda Packet. Page 117 of 141
Exhibit-ACity of East Wenatchee Resolution 2022-17 - Exhibit A Page 1 of 404/05/2022 City Council Meeting Agenda Packet. Page 118 of 141
City of East Wenatchee Resolution 2022-17 - Exhibit A Page 2 of 404/05/2022 City Council Meeting Agenda Packet. Page 119 of 141
City of East Wenatchee Resolution 2022-17 - Exhibit A Page 3 of 404/05/2022 City Council Meeting Agenda Packet. Page 120 of 141
City of East Wenatchee Resolution 2022-17 - Exhibit A Page 4 of 404/05/2022 City Council Meeting Agenda Packet. Page 121 of 141
East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Resolution 2022-18 Public Works Facility Supplement #3 ARC Architects
Date: April 5, 2022
I. Summary Title:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
execute contract supplement #3 between the City of East Wenatchee and ARC
Architects for additional design and estimating services associated with the East
Wenatchee City Hall Campus Improvements Project.
II. Background/History:
On April 7, 2020 City Council entered into a professional services contract with ARC
Architects (ARC) for design services of a new Public Works facility and Police
Department space needs assessment. This supplement covers additional work
completed by the architects Civil and Estimating subs during the design phase.
Work covered under this supplement includes a revision of the near 100% plan set to
incorporate tying into an existing water line behind City Hall, rather than bringing in
a new connection from 9th St NE. Avoiding this connection more than exceeds the
additional design costs to revise the plans. Other benefits to the City include the
Water District agreeing to take ownership of the line, which reduces the City’s
maintenance liability in the event of a leak and allows for a smaller Double Detector
Check Valve Assembly to be used. The benefit to the Water District is connecting to a
previously dead-end line on N Colorado Ave that will improve their level of service to
residents along that street.
The additional work completed by the cost estimator included an additional round of
estimates near the 50% design phase. This was originally not budgeted for in the
scope but was completed at the request of Public Works staff due to changes in the
site design that consolidated two proposed buildings into one.
The additional fee for these services is $19,836. This contract increases the total
design contract for the City Hall Campus Improvements Project & Police
Department Needs Assessment to $578,280.
City of
Agenda Bill, Resoltuion 2022-18, PW Facility Improvements Project No. 2019-11 Page 1 of 2
04/05/2022 City Council Meeting Agenda Packet. Page 122 of 141
III. Recommended Action:
Approve Resolution 2022-18 authorizing Mayor Crawford to execute agreement
supplement #3 with ARC Architects for additional design services on the East
Wenatchee Campus Improvements Project.
IV.Exhibits:
Resolution 2022-18
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
$19,836 $6,000,000 No
Agenda Bill, Resoltuion 2022-18, PW Facility Improvements Project No. 2019-11 Page 2 of 2
04/05/2022 City Council Meeting Agenda Packet. Page 123 of 141
City of East Wenatchee Resolution 2022-18 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 2
City of East Wenatchee, Washington
Resolution No. 2022-18
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute contract supplement #3 between the City of East
Wenatchee and ARC Architects for additional design and estimating
services associated with the East Wenatchee City Hall Campus
Improvements Project.
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 a
contract supplement 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.
04/05/2022 City Council Meeting Agenda Packet. Page 124 of 141
City of East Wenatchee Resolution 2022-18 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 2
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2022.
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: __________
04/05/2022 City Council Meeting Agenda Packet. Page 125 of 141
03/08/2022
East Wenatchee Public Works Facility Amendment #3 - Page 1 of 3
03/08/2022
Attn: Garren Melton, East Wenatchee Public Works Manager
Submitted via e-mail to GMelton@eastwenatcheewa.gov
RE: East Wenatchee Public Works Facility - Amendment #3 Civil & Cost Estimate Additional Services
Dear Garren:
ARC Architects is pleased to submit our fee proposal for Amendment #3 - Civil & Cost Estimate Additional Services for
the East Wenatchee Public Works Facility project, which will amend our existing Consultant’s Agreement dated
04/07/2020.
The Design Team’s total proposed fees $19,836 including reimbursable expenses, and our services will be billed
on an hourly basis.
Fee Proposal Overview
This enclosed Exhibit A-C provides both team summarized and individual team member scopes of services and
fees for ARC and our individual consultant team members for this project, and also includes 2022 hourly billing
rate tables for all team members. The project design team is currently limited to ARC Architects (Architect), Pacifi c
(Civil Engineer), and PDA (Cost Estimator).
Project Understanding
Additional services completed by the design team during Design Development and Construction Document
phases of the project.
Item ONE: Civil - Revise Water Connection
Revise the water main extension design to omit the new connection on 9th Street NE and instead connect between
an existing dead-end 8” pipe currently serving the City Hall campus and the 2” main on N Colorado Avenue.
Redesigned project utilities to facilitate addition of the water main as requested by EWWD, with accompanying
impacts to paving extents and grading. See consultants fee proposal with Exhibit C
Item TWO: Cost Estimate - Additional 50% DD Estimates
Prepare an independent 50% DD level cost estimate of revised buildings B1 and B2 in March 2021, including one
additional DD phase estimate with post estimate adjustments. Additional estimate required following program
change from separate administrative & maintenance buildings to hybrid building. The additional estimate is
beyond the base DD estimates. To keep pace with the project schedule, we asked PDA, our cost estimator, to “use”
pre-planned fee from his CD phase to provide the estimate of the re-design. PDA did so - but is now requesting to
make up that loss of fee. See consultants fee proposal with Exhibit C.
Sincerely,
Jeff Wandasiewicz | Principal, AIA
ARC Architects
D: (206) 383-7341
Attachments:
Exhibit A – ARC Cover Letter
Exhibit B – ARC Standard Billing Rate Schedule 2022
Exhibit C – Fee Proposal
architecture resource collaborative
EXHIBIT AEXHIBIT-A
CITY OF EAST WENATCHEE RESOLUTION 2022-18, EXHIBIT-A, Page 1 of 8
04/05/2022 City Council Meeting Agenda Packet. Page 126 of 141
03/08/2022
East Wenatchee Public Works Facility Amendment #3 - Page 2 of 3
EXHIBIT B
ARC Architects
Hourly Billing Rates Schedule 2022
All rates are reviewed annually each January
CLASSIFICATION $/HOUR
Consulting Principal $190
Managing Principal/Project Manager $175
Architect PM $140
Architect Designer $120
Staff Designer $110
Recent Graduate w/ Experience $105
Intern $90
Administration $100
CITY OF EAST WENATCHEE RESOLUTION 2022-18, EXHIBIT-A, Page 2 of 8
04/05/2022 City Council Meeting Agenda Packet. Page 127 of 141
03/08/2022
East Wenatchee Public Works Facility Amendment #3 - Page 3 of 3
EXHIBIT C
Amendment #3 - Additional Civil & Cost Estimate
ARC Architects 3/8/2022
remarks
fee mark-up subtotal
Architect $630 ARC Architects (Item 1)
Civil $9,500 1.1 $10,450 Pacific Engineering (Item 1)
Cost Estiamte $7,880 1.1 $8,668 PDA (Item 2)
Reimbursable Expenses $80 1.1 $88 PDA fees (Item 2)
Fee Proposal $19,836
2022 ARC BILLING RATES
principal / project manager (PM) $175
Architect PM (PA) $140
Staff Designer (SD) $110
ARC Fees - Item 1 PM PA SD remarks
In-house management
team coordination / contracting 220
Hours Total 220
Hourly Rate $175 $140 $110
Subtotals $350 $280 $0
$630 ARC fee minus reimbursables
ARC Fees - Item 2 PM PA SD remarks
In-house management
team coordination / contracting
Hours Total 000
Hourly Rate $175 $350 $0
Subtotals $0 $0 $0
$0 ARC fee minus reimbursables
East Wenatchee Public Works
FEE SUMMARY
CITY OF EAST WENATCHEE RESOLUTION 2022-18, EXHIBIT-A, Page 3 of 8
04/05/2022 City Council Meeting Agenda Packet. Page 128 of 141
200 South Columbia Street, Suite 300 l Wenatchee, WA 98801 I P 509.662.1161 l F 509.663.8227 l www.pacificengineering.net
January 31, 2022
Daniel Podoll, Principal
ARC Architects
119 S Main Street, Suite 200
Seattle, WA 98104-2579
PROJECT: City of Wenatchee Public Works Facility Improvements
Pacific Project No. 20026CA
SUBJECT: Amendment to Civil Engineering Scope of Work and Fees
Dear Daniel,
Thank you for the opportunity to provide civil engineering services for the East Wenatchee
Public Works Facility project. As part of the original Scope of Work, Pacific Engineering &
Design (Pacific) designed a water main extension to provide adequate fire flow to the Public
Works campus at full build-out.
This extension was designed based on preliminary input from East Wenatchee Water District
(EWWD) and their on-call engineer (RH2), in conformance with established EWWD standards
and requirements. Due to the very small diameter (2”) of the water main on N Colorado Avenue,
it was determined that a larger connection (12”) and extension from 9th Street NE would be
required. Permit plans reflecting this design were submitted to ARC on 9/27/2021.
Three months after permit submittal (12/29/2021), Devon Petit of RH2 reached out to Pacific
requesting that we revise the water main extension design to omit the new connection on 9th
Street NE and instead connect between an existing dead-end 8” pipe currently serving the City
Hall campus and the 2” main on N Colorado Avenue. RH2/EWWD determined that due to high
pressure in the portion of the water system in question, a smaller 8” pipe would be sufficient to
provide required fire flow.
In the three-month timeframe between permit plan submittal and receiving EWWD’s direction,
Pacific had taken the design drawings to a 95% CD level with 100% CD plans due 1/6/2022.
With the need to accommodate several utility types within a narrow utility corridor (e.g., public
water main, private fire loop, domestic water service, sanitary sewer service, stormwater
conveyance and storage, underground power and underground telecom), nearly every utility
had to be redesigned to facilitate addition of the water main as requested by EWWD, with
accompanying impacts to paving extents and grading.
Pacific’s original proposal stipulates “if extra services outside the scope of work are requested,
we will determine the fees associated with the extra service and communicate this to you so that
you can decide whether to add that extra service to the budget.” Ideally, Pacific would have
adequate time to estimate the level of effort involved, propose a scope change and associated
fees, and then perform the work following an authorization to proceed. However, in this case
EWWD design requirements were received merely one week prior to the scheduled 100% CD
deliverable date. EWWD’s out of scope request was addressed concurrently with other final
coordination and plan edits associated with reaching the 100% CD deliverable.
CITY OF EAST WENATCHEE RESOLUTION 2022-18, EXHIBIT-A, Page 4 of 8
04/05/2022 City Council Meeting Agenda Packet. Page 129 of 141
Daniel Podoll
Amendment to Civil Engineering Scope and Fees
January 31, 2022
Project No. 20026CA
Page 2 of 2
Pacific endeavored to incorporate the out-of-scope changes as expeditiously as possible to
minimize project delays with the understanding that our original budget would be reconciled
after the fact. The hours directly attributable to the associated out of scope effort equate to
$9,500. Pacific respectfully requests an amendment to our original design budget in that
amount.
Thank you for the opportunity to work with you on this project. Please call us at 509-662-1161 if
you have any questions or need additional information.
Sincerely,
Matias A. Rudback, PE
Principal, Senior Civil Engineer
CITY OF EAST WENATCHEE RESOLUTION 2022-18, EXHIBIT-A, Page 5 of 8
04/05/2022 City Council Meeting Agenda Packet. Page 130 of 141
Construction and Development Consulting
Project Delivery Analysts, LLC Page 1 of 2
ADDITIONAL ESTIMATING SERVICES PROPOSAL
prepared for
ARC Architects
119 S Main Street, Suite 200, Seattle, WA 98104
Project:
East Wenatchee Public Works revised 50% DD Phase
October 26th, 2021
I. Scope of Work:
Prepare an independent 50% DD level cost estimate of revised buildings B1 and B2 in March
2021, including one additional DD phase estimate with post estimate adjustments. The
additional estimate is beyond the base DD estimates completed last year and prior to the
upcoming CD phase estimate. Discuss the estimate and reconcile any comments with ARC.
Provide one additional Value Engineering estimate post draft.
II. Fee Summary:
III. Estimating Services - Activity Detail:
1. 50% DD Phase Work Summary:
Duration for Item “1” Scope………. 2 Weeks
Consultant Fee……………………. $7,880 Total
Personnel Involvement
Item “1”: Major Activities B McBride
M. Partner
Bill Jones
Partner
· Attend estimate document hand off teleconference with ARC 0 2
· Independent construction cost estimating at the 50% DD phase 1 35
· Update MEPS and site estimates: included above 0 0
· Perform post draft changes – eliminate mezz. and reduce finishes 0 3
· Provide post 50% VE estimate of mat slab vs. strip footing 1 4
· Review Owner soft cost budget as requested by ARC 0 3
Total Allocated Hours 2 47
Hourly Rates $180 $160
Fee Extension $360 $7,520
Item Deliverable Description Hours Rate Line Total Percent
1. Cost Estimating at 50% DD Phase:
Bill Jones (Project Estimator - Partner)
Bruce McBride (Managing Partner)
47
2
$160
$180
$7,520
$360
91.4%
7.6%
Subtotals: 49 $7,880 99.0%
Reimbursables: 1 Pct. $80 1.0%
TOTALS: 49 $7,960 100%
CITY OF EAST WENATCHEE RESOLUTION 2022-18, EXHIBIT-A, Page 6 of 8
04/05/2022 City Council Meeting Agenda Packet. Page 131 of 141
Construction and Development Consulting
Project Delivery Analysts, LLC Page 2 of 2
IV. Inclusions, Exclusions and Qualifications:
1. The above work is complete and all hours shown are actual hours.
2. The 50% DD estimate file included a comparison to the budget spreadsheet for B1
with reconciliation comments to each category.
3. This Additional Services proposal has the same general terms and conditions as our
base proposal dated 3/6/20.
4. Time was included per the above matrix to update MEPS and site estimates and
incorporate.
5. Industrial equipment is assumed by the Owner; not included in the construction costs.
6. A post DD / pre-CD value engineering estimate to determine the viabilities of a mat
slab versus continuous wall footings is included, based upon actual hours spent.
This PROPOSAL for CONSULTANT SERVICES tendered by:
PROJECT DELIVERY ANALYSTS, LLC
A California Limited Liability Company:
Pacific Northwest Division
9001 Springwood Avenue NE
Bainbridge Island, WA 98110
By: _______________________________
William Jones PE, Partner
William P. Jones
CITY OF EAST WENATCHEE RESOLUTION 2022-18, EXHIBIT-A, Page 7 of 8
04/05/2022 City Council Meeting Agenda Packet. Page 132 of 141
PROJECT DELIVERY ANALYSTS, LLC
Pacific Northwest Division
Attn:
Re:
encl:
Opinion of Probable Cost Narrative
Regards,
primarily the responsibility of the General Contractor. The premium included for Phase II measures is
shown on the summary sheet. Then, per usual custom, the estimating contingency was reduced in
William Jones, Partner
90% CD Phase Opinion of Probable Costs Estimate
recognition of more information and thus less risk at the CD phase. Future escalation
increased due to a higher annual rate anticipated for 2022 than thought when preparing the last estimate.
An underlying assumption to the escalation factor is steel costs will taper by the bid date next spring.
Thank you for the opportunity to prepare this CD level Opinion of Probable Costs. Please call should you
have any questions.
While an overhead storage mezzanine was included in the previous scope, a future second floor platform
over the office wing is new scope since last time. The design prepared by ARC and PCS is very efficient.
There were two compensating changes to the indirect costs portion of the construction estimate. First, the
General Conditions estimate, which is primarily a function of time, increased due to one additional
month of duration. PDA included costs of COVID-19 Phase II construction safety protocols, which are
competitive, underscoring the importance of opening up the bidding to multiple sources. The same theme
of managing high commodity prices through open bidding applies to the rolling overhead door category.
The CD level estimate is prepared using the same overall split-outs of Building and Sitework. A
comparison-to-previous spreadsheet is included to track changes since the 50% DD estimate of "B1" in
late March, 2021. It is important to consider that the decision to forego a recommended 100% DD estimate
in June led to a long scope span to bridge since the most recent estimate. In addition, eight months of
high material escalation occurred since the last estimate was completed. This created larger cost swings
within divisions than normal.
A pre-engineered metal building system shown since early DD was used for the structural, siding, roofing and
Opinion of Probable Costs - 90% CD
Dear Dan and Lauren,
and insulation categories. The insulated core metal wall and roof panels specified are an upgrade to the
to the typical PEMB system. The recent increase in steel costs is factored into the industry pricing we
received from our PEMB suppliers. However, the pricing received from our PEMB suppliers is very
Attached please find our Opinion of Probable Costs for the East Wenatchee Public Works Building "B" at
the 90% CD level. Though additional building scope items were found since previous and unit costs have
risen for most materials, reductions in the site costs compensated for a portion of the direct cost
increases while indirect costs balance an increase in General Conditions with a decrease in contingency.
Seattle, WA 98104
Mr. Dan Podell / Ms. Lauren Powers
East Wenatchee Public Works
Maintenance Building, Project #2020002 .00
November 19th, 2021
ARC
119 Main St, Ste #200
William P. Jones
CITY OF EAST WENATCHEE RESOLUTION 2022-18, EXHIBIT-A, Page 8 of 8
04/05/2022 City Council Meeting Agenda Packet. Page 133 of 141
East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Notice of Award for the East Wenatchee Public Works Facility
Date: April 5, 2022
I. Summary Title:
Authorizing a Notice of Award to be issued to Halme Builders for the East
Wenatchee Public Works Facility.
II. Background/History:
The City of East Wenatchee posted an invitation to bid on its new Public Works
Facility on January 25th, 2022. Bids were opened on March 9th, 2022 with the
following bids received:
General Contractor Bid Total with
8.4% Sales Tax
Cascade Central Construction, LLC $5,977,284.40
Fowler General Construction, Inc $5,622,982.80
Halme Builders, Inc $5,415,122.00
National Native American Construction, Inc $5,946,065.20
Pease & Sons, Inc $5,640,266.63
Staff reviewed the apparent low bidder, Halme Builders, Inc and have verified that
the bid was responsive. Contract documents are being compiled by the City’s
consultant and will be presented to Council at a future council meeting for
authorization.
III. Recommended Action:
Motion to approve a Notice of Award be presented to Halme Builders for the
construction contract of the new East Wenatchee Public Works Facility.
IV. Exhibits:
Notice of Award
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
City of
04/05/2022 City Council Meeting Agenda Packet. Page 134 of 141
April 5, 2021
Halme Builders, Inc
ATTN: Dan Halme
PO Box 1167
Davenport, WA 99122
RE: City of East Wenatchee Public Works Facility Notice of Bid Award
Dear Mr. Halme,
At the April 5, 2022 City Council meeting, the City Council authorized a Notice of Award be
presented to Halme Builders, LLC for the East Wenatchee Public Works Facility. This award is
contingent upon City Council formally approving the contract at the following Council meeting
on April 19, 2022. The contract will be forwarded to you separately.
Please prepare the signed contract forms within 10 calendar days, as well as the required bond
and insurance certifications per the contract specifications.
Sincerely,
Garren Melton
Public Works Manager
CITY OF EAST WENATCHEE
PUBLIC WORKS DEPARTMENT
271 9TH STREET NE • EAST WENATCHEE, WA 98802
PHONE (509) 884-1829 • FAX (509) 886-6113
gmelton@eastwenatcheewa.gov
04/05/2022 City Council Meeting Agenda Packet. Page 135 of 141
From:Trautmann, Cara
Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 03.29.2022
Date:Tuesday, March 29, 2022 4:52:18 PM
Attachments:image002.png
Spectrum Pacific West, LLC (“Spectrum”) became aware on March 25, 2022, that Black News
Channel might cease distribution of its channel. After Spectrum followed up with Black News
Channel on March 28, 2022, we learned that effective April 1, 2022, Black News Channel will cease
programming and will no longer be available on the channel lineup serving your community. Since
this change is out of Spectrum’s control, we are making customers aware of the cessation of
programming via a channel slate message, “Programming on this network is no longer available.”
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 youare not the intended recipient of this messageor if this message has been addressed to you in error, please immediately alert the senderby 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
04/05/2022 City Council Meeting Agenda Packet. Page 136 of 141
is strictly prohibited.
04/05/2022 City Council Meeting Agenda Packet. Page 137 of 141
From:Trautmann, Cara
Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 03.31.2022
Date:Friday, April 1, 2022 12:53:49 PM
Attachments:image002.png
Spectrum Pacific West, LLC (“Spectrum”) previously provided notice that Black News Channel would
cease operation on April 1, 2022, however, today we learned that Black News Channel intends to
continue distribution of its channel.
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 youare not the intended recipient of this messageor if this message has been addressed to you in error, please immediately alert the senderby 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.
04/05/2022 City Council Meeting Agenda Packet. Page 138 of 141
Service Name Current Monthly
Price
Discount
Amount
New Monthly
Price (3/29/22)
Russian View Spectrum
Products and
Pricing
$9.99 $9.99 $0
Channel One Russia Legacy Time
Warner Cable
$14.95 $14.95 $0
CTC Legacy Time
Warner Cable
$9.95 $9.95 $0
NTV America Legacy Time
Warner Cable
$9.95 $9.95 $0
Russian View Legacy Charter $14.99 $14.99 $0
Service Name Current
Monthly Price
Discount Amount New Monthly Price
(3/29/22)
Russian View Premium Spectrum $29.99 $15 $14.99
From:Trautmann, Cara
Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 3.7.2022
Date:Monday, March 21, 2022 4:01:39 PM
Attachments:image002.png
Spectrum Pacific West, LLC (“Spectrum”) recently notified you on March 7, 2022 that NBC Universal
Media, LLC on behalf of International Media Distribution, LLC (“IMD”) would cease distribution of
CR1 Russia, effective March 3, 2022 at 12:00am ET. Additionally, we further notified you that in
light of the extraordinary circumstances in Ukraine, effective March 4, 2022 at 12:00am ET,
Spectrum dropped Russian-controlled and -programmed networks NTV America, RTR Planet,
Rossiya-24 and CTC.
As a result of the above-noticed drops, Spectrum is making its customers aware that effective March
29, 2022, we are temporarily reducing the Russian International Video package/a la carte pricing due
to temporary channel unavailability. Accordingly, customer pricing will change as follows:
Packages/Channels with no content
Packages/Channels with partial content
04/05/2022 City Council Meeting Agenda Packet. Page 139 of 141
Products and
Pricing
Russian Passport Legacy Time
Warner Cable
$25.99 $0 $25.99
Russian Pass Plus Legacy Time
Warner Cable
$29.99 $10 $19.99
Russian Pass Max Legacy Time
Warner Cable
$44.99 $10 $34.99
Russian Legacy Bright
House Networks
$26.99 $7 $19.99
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
04/05/2022 City Council Meeting Agenda Packet. Page 140 of 141
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 messageor if this message has been addressed to you
in error, please immediately alert the senderby 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.
04/05/2022 City Council Meeting Agenda Packet. Page 141 of 141