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HomeMy WebLinkAbout01-17-2023 Council Meeting Agenda PacketEast Wenatchee City Council Meeting Tuesday, January 17, 2023 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/81547715231 Meeting ID: 815 4771 5231 AGENDA 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1. Consent Items: Vouchers: a.Date: 1-17-2023, Checks: 57983-58015, in the amount of $93,477.32 Minutes: b.01/03/2023 Council Meeting Minutes 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. 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. Citizen comments will be limited to three minutes. 3. Presentations. None. 4.Department Report. a.Public Works 2022 Department Report 5.Action Items. a.Ordinance 2023-02, amending section 3 of Ordinance No. 2020-02, designating the dates, time, and location of the East Wenatchee Events Board (EWEB). – Trina Elmes, Events Director/PIO pg. 4 pg. 15 pg. 19 1-17-2023 City Council Agenda Packet Page 1 of 96 Motion by the City Council to adopt Ordinance 2023-02, amending Section 3 of Ordinance No. 2020-02, designating the dates, time, and location of the East Wenatchee Events Board (EWEB). b.Resolution 2023-04, authorizing the Mayor to execute an Interlocal Agreement between the City of East Wenatchee and the East Wenatchee Water District for utility work on the 9th St NE & Valley Mall Parkway Intersections Improvements Project. - Garren Melton, Public Works Manager Motion by the City Council to approve Resolution 2023-04, authorizing the Mayor to enter into an Interlocal Agreement with the East Wenatchee Water District associated with the 9th St NE & Valley Mall Parkway Intersecting Improvements Project. c.Resolution 2023-05, authorizing the selection of RH2 Engineering as the City’s General Engineering Services consultant for 2023 and accepting RH2’s 2023 Rate Schedule for work performed under the General Engineering Services Contract, as presented in Exhibit B. – Garren Melton, Public Works Manager Motion by the City Council to approve Resolution 2023-05, approving the selection of RH2 Engineering as the City’s 2023 General Engineering Services contractor and accept their 2023 Rate Schedule. d.Resolution 2023-06, authorizing the Mayor to execute a change order between the City of East Wenatchee and Apollo Inc., for construction services as a part of the City’s Police Department remodel at 50 Simon Street Project. – Garren Melton, Public Works Manager Motion by the City Council to approve Resolution 2023-06, authorizing Mayor Crawford to execute a change order with Apollo Inc., for the Police Department Remodel project. e.Resolution 2023-07, declaring certain property owned by the City as surplus to the needs of the City. – Garren Melton, Public Works Manager Motion by the City Council to approve Resolution 2023-07, declaring items listed in Appendix A as surplus to the needs of the City. f.Resolution 2023-08, 3rd Street SE & Rock Island Road Intersection Improvements Contract Award Project. – Garren Melton, Public Works Manager pg. 26 pg. 37 pg. 53 pg. 57 pg. 61 1-17-2023 City Council Agenda Packet Page 2 of 96 Motion by the City Council to approve Resolution 2023-08, authorizing Mayor Crawford to execute a contract between the City of East Wenatchee and Selland Construction Inc., for the 3rd St SE & Rock Island Road Intersection Improvements. g.Resolution 2023-09, authorizing the Mayor to execute a consultant agreement supplement between the City of East Wenatchee and Perteet Engineering, for the 3rd St SE & Rock Island Road Signal project # . – Garren Melton, Public Works Manager Motion by the City Council to approve Resolution 2023-09 authorizing the Mayor to execute the supplemental agreement with Perteet, for Services During Construction on the 3rd St SE & Rock Island Road Intersection Improvement project. h.Resolution 2023-10, authorizing the Mayor to execute a two-year Agreement between the City and the law firm of Woods, Brangwin and Bratton, for Conflict Public Defender Services. – Sean Lewis, Assistant City Attorney Motion by the City Council to approve Resolution 2023-10 of the City of East Wenatchee, Washington authorizing the Mayor to execute a two-year Agreement between the City and the law firm of Woods, Brangwin and Bratton, for Conflict Public Defender Services. 6.Mayor’s Report. 7.Council Reports & Announcements. a.Reports/New Business of Council Committees 8. Adjournment. pg. 68 pg. 80 1-17-2023 City Council Agenda Packet Page 3 of 96 CHECKS: 57983-58016 VOIDED CHECKS: DEPARTMENT/FUND AMOUNT General Fund 001 $59,380.06 Rainy Day Fund 002 $0.00 Street Fund 101 $25,545.19 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 $0.00 Library Fund 112 $0.00 Hotel/Motel Tax Fund 113 $5,062.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $420.00 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $0.00 Capital Improvements Fund 314 $0.00 Stormwater Fund 401 $0.00 Equipment R&R Fund 501 $2,211.93 Cafeteria Plan 634 $0.00 Custodial Activities 635 $858.14 Grand Total All Funds $93,477.32 CITY OF EAST WENATCHEE CHECK REGISTER January 17th, 2023 Payables 1-17-2023 City Council Agenda Packet Page 4 of 96 Fund Number Description Amount 001 General Fund $59,380.06 101 Street Fund $25,545.19 113 Hotel/Motel Tax Fund $5,062.00 117 Events Board Fund $420.00 501 Equipment Purchase, Repair & Replacement Fund $2,211.93 635 Custodial Activities Fund $858.14 Count: 6 $93,477.32 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2023 - January 2023 - January 2023 1st Council Printed by COEW\DSanchez on 1/11/2023 1:14:38 PM Page 1 of 1 East Wenatchee - Fund Transaction Summary 1-17-2023 City Council Agenda Packet Page 5 of 96 Vendor Number Reference Account Number Description Amount Al's Auto Repair 57983 2023 - January 2023 - January 2023 1st Council 0008476 Supplies 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $732.06 Total 0008476 $732.06 Total 57983 $732.06 Total Al's Auto Repair $732.06 ASCAP 57984 2023 - January 2023 - January 2023 1st Council Invoice - 1/11/2023 9:17:06 AM 2023 Annual License Fee 117-000-100-557-30-41-00 Professional Services $420.00 Total Invoice - 1/11/2023 9:17:06 AM $420.00 Total 57984 $420.00 Total ASCAP $420.00 Assocation of Washington Cities 57985 2023 - January 2023 - January 2023 1st Council Invoice - 1/9/2023 1:48:34 PM AWC Drug and Alcohol Membership 101-000-430-543-30-49-00 Miscellaneous - General Services $955.00 Total Invoice - 1/9/2023 1:48:34 PM $955.00 Invoice - 1/9/2023 1:48:58 PM AWC CIty Membership 001-000-110-511-60-41-20 AWC Annual Membership Fee $11,084.00 Total Invoice - 1/9/2023 1:48:58 PM $11,084.00 Total 57985 $12,039.00 Total Assocation of Washington Cities $12,039.00 Voucher Directory Fiscal: : 2023 - January 2023 Council Date: : 2023 - January 2023 - January 2023 1st Council Printed by COEW\DSanchez on 1/11/2023 1:12:48 PM Page 1 of 9 East Wenatchee - Voucher Directory 1-17-2023 City Council Agenda Packet Page 6 of 96 Vendor Number Reference Account Number Description Amount Chelan County Treasurer 57986 2023 - January 2023 - January 2023 1st Council Invoice - 1/9/2023 1:49:42 PM 12/2022 Liquor Profits 001-000-001-564-00-40-00 Comm Mental Health (2% Liquor)$1,087.40 Total Invoice - 1/9/2023 1:49:42 PM $1,087.40 Total 57986 $1,087.40 Total Chelan County Treasurer $1,087.40 Cintas Corporation 607 57987 2023 - January 2023 - January 2023 1st Council 4142480296 Supplies 001-000-210-521-10-48-00 Repairs & Maintenance $292.00 101-000-430-543-30-30-00 Supplies - General Services $59.51 Total 4142480296 $351.51 Total 57987 $351.51 Total Cintas Corporation 607 $351.51 Douglas County Sheriff's Office 57988 2023 - January 2023 - January 2023 1st Council 10323 EM Servoces Contract - Qrt 2023 001-000-001-521-10-41-01 Emergency Management Contract $11,191.59 Total 10323 $11,191.59 Total 57988 $11,191.59 Total Douglas County Sheriff's Office $11,191.59 Douglas County Treasurer 57989 2023 - January 2023 - January 2023 1st Council Invoice - 1/9/2023 1:54:41 PM Q4 - 2022 victim/witness 635-000-000-589-30-00-01 Crime Victim Assessment - Douglas Co. Remittance $570.14 Total Invoice - 1/9/2023 1:54:41 PM $570.14 Total 57989 $570.14 Total Douglas County Treasurer $570.14 Doug's Diesel Repair Inc 57990 2023 - January 2023 - January 2023 1st Council 52185 Repairs 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $741.11 Total 52185 $741.11 Printed by COEW\DSanchez on 1/11/2023 1:12:48 PM Page 2 of 9 East Wenatchee - Voucher Directory 1-17-2023 City Council Agenda Packet Page 7 of 96 Vendor Number Reference Account Number Description Amount 52190 Repairs 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $24.17 Total 52190 $24.17 Total 57990 $765.28 Total Doug's Diesel Repair Inc $765.28 Erik Hampton 57991 2023 - January 2023 - January 2023 1st Council Invoice - 1/11/2023 9:22:00 AM Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $578.80 Total Invoice - 1/11/2023 9:22:00 AM $578.80 Total 57991 $578.80 Total Erik Hampton $578.80 FileOnQ 57992 2023 - January 2023 - January 2023 1st Council 10639 Evidence Sub fee 001-000-145-514-20-40-20 Annual License - Spillman, NetMotion & Ragnasoft $571.27 Total 10639 $571.27 Total 57992 $571.27 Total FileOnQ $571.27 GMCO 57993 2023 - January 2023 - January 2023 1st Council 22-9560 Torch RT 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $11,244.48 Total 22-9560 $11,244.48 23-2046 Torch RT 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $5,368.07 Total 23-2046 $5,368.07 23-2133 Torch RT 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $5,186.40 Total 23-2133 $5,186.40 Total 57993 $21,798.95 Total GMCO $21,798.95 Printed by COEW\DSanchez on 1/11/2023 1:12:48 PM Page 3 of 9 East Wenatchee - Voucher Directory 1-17-2023 City Council Agenda Packet Page 8 of 96 Vendor Number Reference Account Number Description Amount iSpyFire, Inc. 57994 2023 - January 2023 - January 2023 1st Council 3019 iSpyFire Sub 001-000-145-514-20-40-20 Annual License - Spillman, NetMotion & Ragnasoft $1,409.20 Total 3019 $1,409.20 Total 57994 $1,409.20 Total iSpyFire, Inc.$1,409.20 Jerry's Auto Supply 57995 2023 - January 2023 - January 2023 1st Council 051683 Supplies 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $570.41 Total 051683 $570.41 Total 57995 $570.41 Total Jerry's Auto Supply $570.41 Jon Knutson 57996 2023 - January 2023 - January 2023 1st Council Invoice - 1/9/2023 1:54:06 PM Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $700.00 Total Invoice - 1/9/2023 1:54:06 PM $700.00 Total 57996 $700.00 Total Jon Knutson $700.00 KnowB4 Inc. 57997 2023 - January 2023 - January 2023 1st Council INV225852 Security Sub 001-000-145-594-14-60-20 Capital - PC Software Admin $1,317.06 Total INV225852 $1,317.06 Total 57997 $1,317.06 Total KnowB4 Inc.$1,317.06 LB# 1086 Lakeside Industries Inc 57998 2023 - January 2023 - January 2023 1st Council 220286 Supplies 101-000-420-542-30-30-00 Supplies - Roadway $1,239.07 Total 220286 $1,239.07 Total 57998 $1,239.07 Total LB# 1086 Lakeside Industries Inc $1,239.07 Printed by COEW\DSanchez on 1/11/2023 1:12:48 PM Page 4 of 9 East Wenatchee - Voucher Directory 1-17-2023 City Council Agenda Packet Page 9 of 96 Vendor Number Reference Account Number Description Amount Lexipol, LLC 57999 2023 - January 2023 - January 2023 1st Council INVPRA111774 LocalGovU 001-000-145-514-20-40-21 Annual License - HR Software $1,261.75 Total INVPRA111774 $1,261.75 Total 57999 $1,261.75 Total Lexipol, LLC $1,261.75 Moon Security 58000 2023 - January 2023 - January 2023 1st Council 1167841 Security 001-000-210-521-10-41-00 Professional Services $44.57 Total 1167841 $44.57 Total 58000 $44.57 Total Moon Security $44.57 OneBridge Benefits 58001 2023 - January 2023 - January 2023 1st Council 1419 FSA admin feee 001-000-142-514-20-40-01 FSA Administrative Fee $50.00 Total 1419 $50.00 Total 58001 $50.00 Total OneBridge Benefits $50.00 Pat Armstrong Ford Inc. 58002 2023 - January 2023 - January 2023 1st Council FOCS59484 Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $714.59 Total FOCS59484 $714.59 Total 58002 $714.59 Total Pat Armstrong Ford Inc.$714.59 Planning Association of Washington 58003 2023 - January 2023 - January 2023 1st Council 2428 Membership 001-000-580-558-60-40-01 Dues & Subscriptions $75.00 Total 2428 $75.00 Total 58003 $75.00 Total Planning Association of Washington $75.00 Printed by COEW\DSanchez on 1/11/2023 1:12:48 PM Page 5 of 9 East Wenatchee - Voucher Directory 1-17-2023 City Council Agenda Packet Page 10 of 96 Vendor Number Reference Account Number Description Amount Randy's Auto Parts & Towing 58004 2023 - January 2023 - January 2023 1st Council 16879 Towing 001-000-210-521-10-41-00 Professional Services $194.94 Total 16879 $194.94 Total 58004 $194.94 Total Randy's Auto Parts & Towing $194.94 Richard Johnson 58015 2023 - January 2023 - January 2023 1st Council Invoice - 1/11/2023 12:53:46 PM Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $625.48 Total Invoice - 1/11/2023 12:53:46 PM $625.48 Total 58015 $625.48 Total Richard Johnson $625.48 Rivercom 58005 2023 - January 2023 - January 2023 1st Council 563 Rivercom 2023 contribution 001-000-001-528-70-40-00 River Com $14,670.17 Total 563 $14,670.17 Total 58005 $14,670.17 Total Rivercom $14,670.17 Tammy M Patterson 58006 2023 - January 2023 - January 2023 1st Council 0020 Civil Services 01/2023 001-000-160-521-10-10-00 Salaries $425.00 Total 0020 $425.00 Total 58006 $425.00 Total Tammy M Patterson $425.00 The Print Guys Inc. 58007 2023 - January 2023 - January 2023 1st Council 132612 Office Supplies 001-000-140-514-20-31-00 Office Supplies $88.60 Total 132612 $88.60 Printed by COEW\DSanchez on 1/11/2023 1:12:48 PM Page 6 of 9 East Wenatchee - Voucher Directory 1-17-2023 City Council Agenda Packet Page 11 of 96 Vendor Number Reference Account Number Description Amount 132680 Office Supplies 001-000-142-514-20-31-01 Central Stores $60.05 Total 132680 $60.05 Total 58007 $148.65 Total The Print Guys Inc.$148.65 The Wenatchee World 58008 2023 - January 2023 - January 2023 1st Council 592289 Advertising 001-000-110-511-60-44-00 Advertising $103.07 Total 592289 $103.07 593820 Advertising 001-000-110-511-60-44-00 Advertising $91.45 Total 593820 $91.45 Total 58008 $194.52 Total The Wenatchee World $194.52 Valley Tractor And 58009 2023 - January 2023 - January 2023 1st Council C927000 Supplies 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $116.89 Total C927000 $116.89 Total 58009 $116.89 Total Valley Tractor And $116.89 Washington Association 58010 2023 - January 2023 - January 2023 1st Council 10457 Dues 001-000-590-558-50-40-01 Dues & Subscriptions $95.00 Total 10457 $95.00 Total 58010 $95.00 Total Washington Association $95.00 Washington State Department of Licensing 58016 2023 - January 2023 - January 2023 1st Council Invoice - 1/11/2023 12:55:50 PM CPL'S 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002917 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002934 Printed by COEW\DSanchez on 1/11/2023 1:12:48 PM Page 7 of 9 East Wenatchee - Voucher Directory 1-17-2023 City Council Agenda Packet Page 12 of 96 Vendor Number Reference Account Number Description Amount 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002937 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002928 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002925 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002915 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002936 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002935 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002930 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002929 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002927 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002924 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002914 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002931 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002921 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP002916 Total Invoice - 1/11/2023 12:55:50 PM $288.00 Total 58016 $288.00 Total Washington State Department of Licensing $288.00 Wenatchee Valley Chamber 58011 2023 - January 2023 - January 2023 1st Council 24738 Membership 001-000-001-558-70-41-07 Wenatchee Valley Chamber of Commerce $900.00 Total 24738 $900.00 Total 58011 $900.00 Total Wenatchee Valley Chamber $900.00 Printed by COEW\DSanchez on 1/11/2023 1:12:48 PM Page 8 of 9 East Wenatchee - Voucher Directory 1-17-2023 City Council Agenda Packet Page 13 of 96 Vendor Number Reference Account Number Description Amount Wenatchee Valley Humane Society 58012 2023 - January 2023 - January 2023 1st Council Invoice - 1/9/2023 1:57:05 PM 01/2023 per contract 001-000-001-539-30-40-00 Animal Control $7,401.66 Total Invoice - 1/9/2023 1:57:05 PM $7,401.66 Total 58012 $7,401.66 Total Wenatchee Valley Humane Society $7,401.66 Wenatchee Valley Museum & Cultural Center 58013 2023 - January 2023 - January 2023 1st Council Invoice - 1/9/2023 1:57:37 PM 01/2023 per contract 001-000-001-558-70-41-15 Wenatchee Valley Museum $5,062.00 113-000-000-557-30-41-15 Wenatchee Valley Museum & CC $5,062.00 Total Invoice - 1/9/2023 1:57:37 PM $10,124.00 Total 58013 $10,124.00 Total Wenatchee Valley Museum & Cultural Center $10,124.00 Ziply Fiber 58014 2023 - January 2023 - January 2023 1st Council Invoice - 1/9/2023 1:58:20 PM Utilities 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $245.20 Total Invoice - 1/9/2023 1:58:20 PM $245.20 Invoice - 1/9/2023 1:58:32 PM Utilities 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $284.32 Total Invoice - 1/9/2023 1:58:32 PM $284.32 Invoice - 1/9/2023 1:58:51 PM Utilities 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $275.84 Total Invoice - 1/9/2023 1:58:51 PM $275.84 Total 58014 $805.36 Total Ziply Fiber $805.36 Grand Total Vendor Count 34 $93,477.32 Printed by COEW\DSanchez on 1/11/2023 1:12:48 PM Page 9 of 9 East Wenatchee - Voucher Directory 1-17-2023 City Council Agenda Packet Page 14 of 96 East Wenatchee City Council Meeting Tuesday, January 3, 2023 East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 Minutes In attendance: Staff in attendance: Mayor Jerrilea Crawford Curtis Lillquist, Community Development Director Councilmember John Sterk Sean Lewis, Assistant City Attorney Councilmember Harry Raab Josh DeLay, Finance Director Councilmember Robert Tidd Trina Elmes, Events Director / PIO Councilmember Sasha Sleiman Garren Melton, Public Works Manager Councilmember Shayne Magdoff Laura Leon, City Clerk Councilmember Christine Johnson 6:00 p.m. Regular Meeting. Call to Order, Roll Call and Pledge of Allegiance. Motion by Councilmember Tidd to excuse Councilmember Hepner from the meeting. Councilmember Johnson seconded the motion. Motion carried (5-0). 1.Consent Items: Vouchers: a.Date: 01/03/2023, Checks: 57870-57871, 57875-57975, in the amount of $1,344,790.00. b.Payroll Certification for November 2022. Minutes: c.12/06/2022 Meeting Minutes Motion by Councilmember Sterk to approve consent items. Councilmember Johnson seconded the motion. Motion Carried (5-0). 2.Citizen Requests/Comments. a.Public comment regarding the traffic light on 3rd St SE and Rock Island Road was submitted electronically and was read into record by the City Clerk. Councilmember Magdoff joined the meeting via Zoom at 6:05pm 3. Presentations. None. 4.Department Report. None. 1-17-2023 City Council Agenda Packet Page 15 of 96 5. Action Items. a. Community Development Director Curtis Lillquist presented Ordinance 2023-01, Adopting final amendments to the East Wenatchee Shoreline Master Program. Mayor Crawford waived the second reading of the Ordinance. Comments provided by Councilmembers Tidd and Magdoff. Motion by Councilmember Tidd to approve Ordinance 2023-01, adopting amendments to the East Wenatchee Shoreline Master Program. Councilmember Raab seconded the motion. Motion Carried (6-0). b. Assistant City Attorney, Sean Lewis presented Resolution 2023-01, repealing Resolution 90-09, requiring two readings of Ordinances. Comments provided by Councilmember Sterk. Motion by Councilmember Sterk to approve Resolution 2023-01, repealing Resolution 90-09, requiring two readings of Ordinances, allowing for all Council actions to be consistent with the East Wenatchee City Council Rules of Procedure. Councilmember Johnson seconded the motion. Motion Carried (6-0). c. Public Works Manager Garren Melton presented Resolution 2023-02, authorizing the Mayor to execute a Fuel Tax Agreement between the City of East Wenatchee and the Transportation Improvement Board for the Rock Island Road Overlay Project. Comments provided by Councilmember Tidd. Motion by Councilmember Tidd to approve Resolution 2023-02, authorizing Mayor Crawford to execute the Transportation Improvement Board Fuel Tax Agreement awarding $446,250 in grant funds to the City for the Rock Island Road Overlay. Councilmember Magdoff seconded the motion. Motion Carried (6-0). d. Public Works Manager Garren Melton presented Resolution 2023-03, authorizing the Mayor to execute a Fuel Tax Agreement between the City of East Wenatchee and the Transportation Improvement Board for the 19th Street NW & NW Cascade Ave Improvements Project. Motion by Councilmember Tidd to approve Resolution 2023-03 authorizing Mayor Crawford to execute a Transportation Improvement Board Fuel Tax Agreement awarding $2,000,000 in grant funds to the City for the 19th St NW & NW Cascade Ave Improvements project. Councilmember Johnson seconded the motion. Motion Carried (6-0). e. Events Director/PIO Trina Elmes presented the East Wenatchee Events Board (EWEB) funding recommendation to fund NCW Volleyball Club’s Light out Volleyball Tournament, January 21-22, 2023, and Fire and Rain Volleyball Tournament, February 11-12, 2023. 1-17-2023 City Council Agenda Packet Page 16 of 96 Motion by the Councilmember Sterk to approve $5,000 for the Lights Out Volleyball Tournament and $5,000 for the Fire & Rain Volleyball Tournament and authorize the Mayor to sign an agreement between the NCW Volleyball Club and the City of East Wenatchee for an amount not to exceed $10,000. Councilmember Raab seconded the motion. Motion Carried (6-0). f. Mayor Pro Tempore Nominations Councilmember Johnson nominated Councilmember Tidd to be appointed as the 2023 Mayor Pro Tempore. Councilmember Raab seconded the motion. Motion carried (6-0). 6. Mayor’s Report. a. Mayor Crawford shared information on the January 12, 2023, Workshop, providing details of the training scheduled with guest Ann MacFarlane of Jurassic Parliament Training. b. Mayor Crawford encouraged Councilmembers to email suggestions and ideas for 2023 Workshop(s) to the City Clerk. c. Council Committee Assignments were reviewed, and no changes were made to assignments. d. Mayor Crawford provided information on the Regional Aquatic Center-Sports Feasibility Study. A Study that would analyze the need for an aquatic and sports complex in the region, the economic impact on the region and gauge the community support for the initiative. The study is being spearheaded by the Regional Aquatic Center-Sports Complex Steering Committee (a committee composed of multijurisdictional regional leaders and stakeholders), which she was asked to Chair. Each of the regional jurisdictions have been asked to pledge contributions to the study and the City of East Wenatchee was asked to contribute $30,000. Comments provided by Councilmembers Tidd, Raab and Magdoff. Motion by Councilmember Tidd to contribute an amount not to exceed $30,000 for the Regional Aquatic Sports Center Feasibility Study. Councilmember Johnson seconded the motion. Motion Carried (5-1) (Sterk). e. Mayor Crawford shared that the St. Joseph Catholic School declined the $75,000 ARP funds, that were previously awarded to organization in December of 2022, and those monies would be reallocated back to the ARP Committee funds. 7. Council Reports & Announcements. a. Councilmember Tidd, City Representative for the Link Transit Board, shared his experience while on the Link Transit Europe Research Trip with EBusCo reporting that Link Transit is now looking to purchase ten (10) electric buses from the European based company. 1-17-2023 City Council Agenda Packet Page 17 of 96 b. Councilmember Magdoff, shared information on the AARP Foundation Free Tax Aide Service scheduled to commence February 2, 2023, at the Eastmont Community Center. c. Councilmember Sleiman, shared information on the Public Safety and Retail Theft Forum hosted by the Chamber of Commerce, featuring Washington State’s Attorney General Ferguson, taking place on January 27, 2023. 8. Adjournment. With no further business, the meeting adjourned at 6:50 p.m. Jerrilea Crawford, Mayor Attest: Anna Laura Leon, City Clerk 1-17-2023 City Council Agenda Packet Page 18 of 96 East Wenatchee Council Agenda Bill To: Mayor and Council From/Presenter: Trina Elmes, Events Director/PIO Subject: East Wenatchee Events Board Meetings, Ordinance No. 2023-02 Date: January 17, 2023 I.Summary Title: Designating the dates, time and location of the regular meetings of the East Wenatchee Events Board. II.Background/History: The East Wenatchee Events Board is subject to the Open Public Meetings Act (RCW 42.30), which requires a set schedule of regular meetings. This ordinance will amend section of Ordinance No. 2020-02. III. Recommended Action: •Motion to approve Ordinance No. 2023-02 IV.Exhibits: A.Ordinance No. 2023-02 B.East Wenatchee Events Board meeting minutes from the January 4, 2023 meeting. Financial Data Expenditure Required Amount Budgeted Appropriation Required $0 $0 No City of 3 1-17-2023 City Council Agenda Packet Page 19 of 96 City of East Wenatchee, Washington Ordinance No. 2023-02 An Ordinance of the City of East Wenatchee designating the dates, time, and place of the regular meetings of the East Wenatchee Events Board by amending section 3 of Ordinance No. 2020-02. Una Ordenanza de la Ciudad de East Wenatchee que designa las fechas, la hora y el lugar de las reuniones regulares de la Junta de Eventos de East Wenatchee modificando la sección 3 de la Ordenanza No. 2020-02. 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 adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. Exhibit A 1-17-2023 City Council Agenda Packet Page 20 of 96 THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 3.Amendment. The City Council amends Section 3 of Ordinance No. 2020-02 of the East Wenatchee Municipal Code to read: 2.44.090 Meetings. A. Regular Meetings. The East Wenatchee Events Board meets onthe first Wednesday of each month at 3:00 p.m. at 230 N. Georgia,East Wenatchee, WA. If a regular meeting date falls upon a cityholiday, the meeting shall be conducted on the next regularbusiness day unless a special meeting date is set in advance. Aregular meeting is subject to the State Open Public Meetings Act,Chapter 42.30 RCW (as enacted or as amended). B. Special Meetings. The presiding officer may call a specialmeeting at any time. Members of the board may call a specialmeeting upon petition to the presiding officer by two-thirds of theboard. At a special meeting of the board, the board may onlytransact such business stated in the call for the special meeting. Aspecial meeting is subject to the State Open Public Meetings Act,Chapter 42.30 RCW (as enacted or as amended). C. Notice. All meetings are open to the public and are to be heldon not less than 72 hours’ notice to members. Notice of regularannual and special meetings may be by mail, e-mail, or directcontact, such as telephone. 4.Severability. If a court of competent jurisdiction declares any provisionin this Ordinance to be contrary to law, such declaration shall not affectthe validity of the other provisions of this Ordinance. 5.Publication. The City Council directs the City Clerk to publish asummary of this Ordinance. The summary shall consist of the title ofthis Ordinance. The City Council directs the City Clerk to publish acopy of this Ordinance on the City’s website. 6.Effective Date. This Ordinance becomes effective five days after thedate its summary is published. Exhibit A 1-17-2023 City Council Agenda Packet Page 21 of 96 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this __________ day of ______________________________, 2023. The City of East Wenatchee, Washington By _________________________________ Jerrilea Crawford, Mayor Authenticated: _____________________________________ Ana Laura Leon, City Clerk Approved as to form only: _____________________________________ Sean Lewis, Asst City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________ Exhibit A 1-17-2023 City Council Agenda Packet Page 22 of 96 Summary of City of East Wenatchee, Washington Ordinance No. 2023-02 On the _____ day of _______________________________, 2023, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2023-02, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee designating the dates, time, and place of the regular meetings of the East Wenatchee Events Board by amending section 3 of Ordinance No. 2020-02. The full text of this Ordinance will be mailed upon request. Dated this ______ day of ___________________________, 2023. _____________________________ Ana Laura Leon, City Clerk Exhibit A 1-17-2023 City Council Agenda Packet Page 23 of 96 1-17-2023 City Council Agenda Packet Page 24 of 96 Exhibit B 1-17-2023 City Council Agenda Packet Page 25 of 96 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2023-04 Interlocal Agreement between the City of East Wenatchee and the East Wenatchee Water District for utility work on the 9th Street NE & Valley Mall Parkway Intersection Improvement Project Date: January 17, 2023 I.Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement between the City of East Wenatchee and the East Wenatchee Water District for utility work on the 9th St NE & Valley Mall Parkway Intersections Improvements Project. II.Background/History: The City and Water District often partner on projects to reduce costs and limit the disruption to the traveling public. On the City’s 9th St NE and Valley Mall Parkway Intersection Improvement project the Water District identified utility upgrades in the project area and coordinated with the City to incorporate their design into the final project. The proposed agreement outlines terms and conditions for project management, change orders, and progress payments. The Water Districts schedule was bid at $142,913.48 by Selland Construction. III. Recommended Action: Approve Resolution 2023-04 authorizing the Mayor to enter into an Interlocal Agreement with the East Wenatchee Water District associated with the 9th St NE & Valley Mall Parkway Intersection Improvements Project. IV.Exhibits: 1.Resolution 2023-04 Financial Data Expenditure Required Amount Budgeted Appropriation Required $0 $0 No City of 1-17-2023 City Council Agenda Packet Page 26 of 96 City of East Wenatchee Resolution 2023-04 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. 2023-04 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement between the City of East Wenatchee and the East Wenatchee Water District for utility work on the 9th St NE & Valley Mall Parkway Intersections 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 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. Effective date. This Resolution becomes effective immediately. 1-17-2023 City Council Agenda Packet Page 27 of 96 City of East Wenatchee Resolution 2023-04 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 _______________, 2023. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Sean Lewis, Assistant City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 1-17-2023 City Council Agenda Packet Page 28 of 96 1 Filed for and Return to: Laura Leon, City Clerk City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04, and is not to be relied upon for any other purpose, and shall not affect the intent of any warranty contained in the document itself. Document Title: Interlocal Cooperation Agreement Between the City of East Wenatchee and the East Wenatchee Water District for Utility Work, Roadway, and Signal Improvements at 9th Street NE & Valley Mall Parkway Grantor(s): City of East Wenatchee and East Wenatchee Water District Grantee(s): City of East Wenatchee and East Wenatchee Water District Reference Number(s) of Document Related, Assigned or Released: N/A Abbreviated Legal Description: N/A Complete or Additional Legal Description on page of Document – N/A Assessor’s Parcel Number: N/A Filed with the Auditor pursuant to RCW 39.34.040 Interlocal Cooperation Agreement Between the City of East Wenatchee and the East Wenatchee Water District for Utility Work, Roadway, and Signal Improvements at 9th Street NE and Valley Mall Parkway THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is hereby entered into this date by and between EAST WENATCHEE WATER DISTRICT (the "District"), and the CITY OF EAST WENATCHEE (the "City"), collectively referred to as the "Parties." RECITALS: 1. The City is engaged in a road improvement project involving 9th Street NE & Valley Mall Parkway, East Wenatchee, Douglas County, Washington (the "Project"); and, 2. In order to continue providing water service to a portion of its service area, the District desires to replace the water main and service connections within the Project; and, 3. The City and the District desire to cooperate in the replacement and adjustment of utilities during the construction of the Project; NOW, THEREFORE, in consideration of the foregoing, the City and the District agree as follows: 1. Purpose. The purpose of this Agreement is to provide for the construction of the water main, and services in the Project concurrent with other construction improvements. 2. Scope of Work. A cost estimate containing a preliminary list of construction bid items associated with replacing the water main and adjusting valves is set forth in Exhibit A. 3. District's Obligations. The District shall: 3.1 Provide design services for the District’s portion of the work and coordinate with the City’s consulting engineer to incorporate the design into the Project’s bid documents. 1-17-2023 City Council Agenda Packet Page 29 of 96 2 3.2 Review the engineering design on plan and profile sheets provided by the City's consultant. 3.3 Review Special Provisions of the bid documents for the District’s facilities within the Project, also to be furnished by the City's consultant. 3.4 Approve 100% Plans, Specifications and Estimate (PS & E) package for bid advertisement. 3.5 Provide any additional field engineering, including survey control and construction staking for the construction of the District’s improvements, except for services that are provided for by the contractor in the contract. 3.6 Provide construction observation, material testing, and field testing services, for the construction of the District’s improvements. 3.7 Provide for reimbursement of any and all costs approved by the District and incurred by the City associated with the construction of the District’s improvements, including: (a) Construction of all of the District’s related improvements, (b) Processing of change orders requested by the District. (c) All District work described in approved PS&E package. Associated costs are described in Exhibit A 3.8 Be responsible for its staff coordination with the City and its consultant. 4. City's Obligations. The City shall: 4.1 Incorporate the engineering design and specifications for the District’s improvements in the City's roadway construction plans for the Project. 4.2 Administer the bidding and contract award for the Project, including: (a) Preparing bid documents to require that costs associated with the District’s portion of the Project be separately itemized in the bid submittal; (b) Advertising for construction bids; and (c) Awarding of the construction contract to the lowest responsible bidder based on the lowest total submitted for all schedules of work. 4.3 Administer the construction contract, including: (a) Preparation and delivery of Notice of Award and Notice to Proceed to the contractor; (b) Scheduling the construction work with the contractor; (c) Disbursement of payments to the roadway contractor; and (d) Administration of change orders, although the District shall have final authority for review and approval of any change order that affects the District’s improvements; and (e) Contract closeout. 1-17-2023 City Council Agenda Packet Page 30 of 96 3 4.4 Be responsible for the administration, management, and budget for this Project. 4.5 The City agrees that the District reserves the right to inspect and approve all work done on the District’s system prior to the District being obligated to pay the City its costs for such work. 5. Unexpected Changes. The District and the City recognize that unanticipated or unexpected changes to the project plans may be necessary as the project develops. The District and the City will cooperate to address any unanticipated or unexpected circumstances that may require a change in the design or construction of the Project and/or that may require additional expenditures beyond those budgeted. The District in the City will further cooperate in the allocation of any such additional costs with consideration of the party (if any) responsible for the cost and the extent to which the changes benefit the District or the City. 6. Duration and Termination. This Agreement shall become effective upon the filing of the executed Agreement with the Douglas County Auditor pursuant to RCW 39.34.040. This agreement will terminate when the Project is completed and when the final payment for the District’s portion of the Project is received by the City from the District. 7. Payment by District to City. The District shall pay the City for the District’s related portion of the project. As set forth in Exhibit A, the District shall pay the City 100% of the amount of the actual cost to construct the items shown in the District’s portion of the bid schedule, \ including Washington State Sales Tax. In the event a change order requested by the District related specifically to work of benefit to the District only occurs, the District shall pay all of the costs of any such change order. The District shall make periodic progress payments to the City. Each progress payment, subject to the terms of this agreement, and the final payment are due within 45 days of the date the payment request is mailed by the City to the District. Any payment past due shall accrue interest at the rate of twelve (12%) per cent per annum until the entire outstanding balance of the past due principal and interest is paid. 8. Records. The City shall keep and maintain accurate and complete cost records pertaining to the Project and this Agreement. The District shall have full access and the right to examine any such records during the term of this Agreement. All records, books, documents and other materials maintained, prepared, or issued by the District in the implementation of this Agreement shall be the property of the District, which shall have the responsibility of the retention and release of those materials. 9. Mutual Indemnity. The District shall indemnify, defend and hold harmless the City, its 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 a ny negligent act, omission or failure of the District, its officers, agents, and employees, in connection with the work described in this agreement, or arising out of the District's non-observance or non- performance of any law, ordinance, or regulation applicable to the District’s portion of the Project. The City shall indemnify, defend and hold harmless the District, its 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 the work described in this agreement, or arising out of the City's non-observance or non-performance of any law, ordinance or regulation applicable to the District’s portion of the Project. 1-17-2023 City Council Agenda Packet Page 31 of 96 4 10. Severability. 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. 11. Construction. This agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements or understandings among the Parties with respect thereto. This Agreement may be amended only by an agreemen t in writing signed by the Parties. 12. Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof are deemed to have been explicitly negotiated between, and mutually drafted by, the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 13. Governing Law; Venue. This Agreement is governed by the laws of the state of Washington, without regard to its conflict of law provisions. The jurisdiction of any action hereunder shall be in the Superior Court, Douglas County, Washington. INWITNESS WHEREOF, the parties hereto have executed this Agreement on this __________ day of ________________ , 2022. EAST WENATCHEE WATER DISTRICT CITY OF EAST WENATCHEE ___________________________________ _____________________________ Vince Johnston, Manager Jerrilea Crawford, Mayor Attest: ______________________________ Laura Leon, City Clerk 1-17-2023 City Council Agenda Packet Page 32 of 96 5 EXHIBIT A – Cost Estimate See attached Bid Tabulations. 1-17-2023 City Council Agenda Packet Page 33 of 96 City of East Wenatchee 9th St NE & Valley Mall Pkwy I/S Improvements FED AID PROJECT #STPUS-5924(005)Apparent Low Other Bidders Other Bidders Bid Tabs FED AID CONTRACT #LA-9685 Item No.Description Total Quantity Unit Unit Price Extended Unit Price Extended Unit Price Extended Unit Price Extended A-1 MOBILIZATION GROUP 1 1 L.S. $ 125,000.00 $ 125,000.00 $ 130,000.00 $ 130,000.00 92,000.00$ 92,000.00$ 90,000.00$ 90,000.00$ A-2 REMOVAL OF STRUCTURES AND OBSTRUCTION GROUP 1 1 L.S. $ 50,000.00 $ 50,000.00 $ 48,000.00 $ 48,000.00 26,000.00$ 26,000.00$ 45,000.00$ 45,000.00$ A-3 PLANING BITUMINOUS PAVEMENT 2000 S.Y. $ 14.00 $ 28,000.00 $ 13.00 $ 26,000.00 7.75$ 15,500.00$ 8.00$ 16,000.00$ A-4 SIDEWALK REMOVAL 3367 S.F. $ 3.25 $ 10,942.75 $ 3.00 $ 10,101.00 5.50$ 18,518.50$ 4.00$ 13,468.00$ A-5 CORRUGATED POLYETHYLENE STORM SEWER PIPE 8 IN. DIAM.67 L.F. $ 100.00 $ 6,700.00 $ 81.00 $ 5,427.00 145.00$ 9,715.00$ 100.00$ 6,700.00$ A-6 CORRUGATED POLYETHYLENE STORM SEWER PIPE 24 IN. DIAM.65 L.F. $ 250.00 $ 16,250.00 $ 160.00 $ 10,400.00 240.00$ 15,600.00$ 260.00$ 16,900.00$ A-7 CATCH BASIN TYPE 1 2 EA. $ 3,500.00 $ 7,000.00 $ 2,300.00 $ 4,600.00 3,300.00$ 6,600.00$ 3,650.00$ 7,300.00$ A-8 MANHOLE 72 IN. DIAM. TYPE 2 1 EA. $ 9,000.00 $ 9,000.00 $ 7,500.00 $ 7,500.00 15,000.00$ 15,000.00$ 10,750.00$ 10,750.00$ A-9 CRUSHED SURFACING BASE COURSE 510 TON $ 80.00 $ 40,800.00 $ 63.00 $ 32,130.00 70.00$ 35,700.00$ 71.00$ 36,210.00$ A-10 CRUSHED SURFACING TOP COURSE 160 TON $ 90.00 $ 14,400.00 $ 81.00 $ 12,960.00 70.00$ 11,200.00$ 150.00$ 24,000.00$ A-11 HMA CL. 3/8" PG 64H-28 450 TON $ 160.00 $ 72,000.00 $ 210.00 $ 94,500.00 228.00$ 102,600.00$ 250.00$ 112,500.00$ A-12 COMMERCIAL HMA 80 TON $ 250.00 $ 20,000.00 $ 210.00 $ 16,800.00 228.00$ 18,240.00$ 250.00$ 20,000.00$ A-13 ROADWAY EXCAVATION INCL. HAUL 320 C.Y. $ 120.00 $ 38,400.00 $ 130.00 $ 41,600.00 78.00$ 24,960.00$ 105.00$ 33,600.00$ A-14 EMBANKMENT COMPACTION 10 C.Y. $ 30.00 $ 300.00 $ 50.00 $ 500.00 1.00$ 10.00$ 46.00$ 460.00$ A-15 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 L.S. $ 1,500.00 $ 1,500.00 $ 1,600.00 $ 1,600.00 500.00$ 500.00$ 1,000.00$ 1,000.00$ A-16 IRRIGATION SYSTEM 1 L.S. $ 15,000.00 $ 15,000.00 $ 8,500.00 $ 8,500.00 17,000.00$ 17,000.00$ 20,000.00$ 20,000.00$ A-17 LANDSCAPING 1 L.S. $ 15,000.00 $ 15,000.00 $ 5,500.00 $ 5,500.00 11,000.00$ 11,000.00$ 10,000.00$ 10,000.00$ A-18 CEMENT CONC. TRAFFIC CURB AND GUTTER 500 L.F. $ 100.00 $ 50,000.00 $ 90.00 $ 45,000.00 96.00$ 48,000.00$ 100.00$ 50,000.00$ A-19 CEMENT CONC. TRAFFIC CURB 110 L.F. $ 105.00 $ 11,550.00 $ 100.00 $ 11,000.00 96.00$ 10,560.00$ 100.00$ 11,000.00$ A-20 DUAL-FACED CEMENT CONC. TRAFFIC CURB 170 L.F. $ 105.00 $ 17,850.00 $ 95.00 $ 16,150.00 96.00$ 16,320.00$ 100.00$ 17,000.00$ A-21 PLASTIC STOP LINE 110 L.F. $ 20.00 $ 2,200.00 $ 19.00 $ 2,090.00 32.00$ 3,520.00$ 25.00$ 2,750.00$ A-22 PLASTIC CROSSWALK LINE 1180 S.F. $ 20.00 $ 23,600.00 $ 12.00 $ 14,160.00 19.00$ 22,420.00$ 15.00$ 17,700.00$ A-23 PAINTED BIKE PATH - GREEN 260 S.F. $ 10.00 $ 2,600.00 $ 5.50 $ 1,430.00 19.00$ 4,940.00$ 6.50$ 1,690.00$ A-24 PAINTED BIKE LANE SYMBOL 5 EA. $ 350.00 $ 1,750.00 $ 140.00 $ 700.00 475.00$ 2,375.00$ 165.00$ 825.00$ A-25 PAINT LINE 2423 L.F. $ 1.25 $ 3,028.75 $ 1.00 $ 2,423.00 3.20$ 7,753.60$ 1.50$ 3,634.50$ A-26 PAINTED WIDE LANE LINE 554 L.F. $ 1.50 $ 831.00 $ 1.00 $ 554.00 3.20$ 1,772.80$ 2.00$ 1,108.00$ A-27 PLASTIC TRAFFIC ARROW 20 EA. $ 200.00 $ 4,000.00 $ 250.00 $ 5,000.00 300.00$ 6,000.00$ 350.00$ 7,000.00$ A-28 TRAFFIC SIGNAL SYSTEM GROUP 1 1 L.S. $ 400,000.00 $ 400,000.00 $ 400,000.00 $ 400,000.00 470,000.00$ 470,000.00$ 520,000.00$ 520,000.00$ A-29 PROJECT TEMPORARY TRAFFIC CONTROL GROUP 1 1 L.S. $ 150,000.00 $ 150,000.00 $ 125,000.00 $ 125,000.00 140,000.00$ 140,000.00$ 144,000.00$ 144,000.00$ A-30 PERMANENT SIGNING GROUP 1 1 L.S. $ 7,500.00 $ 7,500.00 $ 1,200.00 $ 1,200.00 4,200.00$ 4,200.00$ 10,000.00$ 10,000.00$ A-31 CEMENT CONC. CURB RAMP TYPE PARALLEL A 2 EA. $ 5,000.00 $ 10,000.00 $ 5,000.00 $ 10,000.00 4,000.00$ 8,000.00$ 5,000.00$ 10,000.00$ A-32 CEMENT CONC. CURB RAMP TYPE PERPENDICULAR B 4 EA. $ 5,000.00 $ 20,000.00 $ 5,000.00 $ 20,000.00 4,000.00$ 16,000.00$ 5,000.00$ 20,000.00$ A-33 CEMENT CONC. CURB RAMP TYPE COMBINATION 2 EA. $ 7,500.00 $ 15,000.00 $ 8,000.00 $ 16,000.00 7,300.00$ 14,600.00$ 8,500.00$ 17,000.00$ A-34 PATTERNED CEMENT CONC. SIDEWALK 80 S.Y. $ 350.00 $ 28,000.00 $ 440.00 $ 35,200.00 450.00$ 36,000.00$ 435.00$ 34,800.00$ A-35 CEMENT CONC. SIDEWALK 100 S.Y. $ 150.00 $ 15,000.00 $ 160.00 $ 16,000.00 170.00$ 17,000.00$ 141.00$ 14,100.00$ A-36 CEMENT CONC. BIKE PATH 40 S.Y. $ 150.00 $ 6,000.00 $ 175.00 $ 7,000.00 170.00$ 6,800.00$ 141.00$ 5,640.00$ A-37 CEMENT CONC. PEDESTRIAN CURB 130 L.F. $ 100.00 $ 13,000.00 $ 100.00 $ 13,000.00 80.00$ 10,400.00$ 125.00$ 16,250.00$ A-38 CEMENT CONC. DRIVEWAY ENTRANCE TYPE 4 30 S.Y. $ 300.00 $ 9,000.00 $ 460.00 $ 13,800.00 250.00$ 7,500.00$ 235.00$ 7,050.00$ A-39 DECORATIVE BOLLARD CHAIN 120 L.F. $ 30.00 $ 3,600.00 $ 35.00 $ 4,200.00 27.00$ 3,240.00$ 20.00$ 2,400.00$ Engineer's Estimate Selland Construction Hurst Construction Smith Excavation 1-17-2023 City Council Agenda Packet Page 34 of 96 Item No.Description Total Quantity Unit Unit Price Extended Unit Price Extended Unit Price Extended Unit Price Extended Engineer's Estimate Selland Construction Hurst Construction Smith Excavation A-40 DECORATIVE BOLLARD 21 EA. $ 1,500.00 $ 31,500.00 $ 800.00 $ 16,800.00 1,600.00$ 33,600.00$ 2,000.00$ 42,000.00$ A-41 SAFETY BOLLARD 4 EA. $ 1,500.00 $ 6,000.00 $ 1,500.00 $ 6,000.00 1,900.00$ 7,600.00$ 1,700.00$ 6,800.00$ A-42 ADJUST MANHOLE 1 EA. $ 750.00 $ 750.00 $ 700.00 $ 700.00 1,250.00$ 1,250.00$ 1,000.00$ 1,000.00$ A-43 ADJUST WATER VALVE BOX 5 EA. $ 750.00 $ 3,750.00 $ 400.00 $ 2,000.00 500.00$ 2,500.00$ 700.00$ 3,500.00$ A-44 ADJUST MONUMENT CASE AND COVER 2 EA. $ 750.00 $ 1,500.00 $ 480.00 $ 960.00 750.00$ 1,500.00$ 700.00$ 1,400.00$ A-45 ADJUST JUNCTION BOX 1 EA. $ 750.00 $ 750.00 $ 480.00 $ 480.00 550.00$ 550.00$ 1,000.00$ 1,000.00$ A-46 ROADWAY SURVEYING 1 L.S. $ 15,000.00 $ 15,000.00 $ 12,000.00 $ 12,000.00 18,000.00$ 18,000.00$ 17,500.00$ 17,500.00$ A-47 ADA FEATURES SURVEYING 1 L.S. $ 5,000.00 $ 5,000.00 $ 4,200.00 $ 4,200.00 2,000.00$ 2,000.00$ 5,500.00$ 5,500.00$ A-48 SHORING OR EXTRA EXCAVATION CLASS B 1 L.S. $ 2,500.00 $ 2,500.00 $ 1.00 $ 1.00 3,500.00$ 3,500.00$ 2,000.00$ 2,000.00$ A-49 RECORD DRAWINGS (MININUM BID $2000)1 L.S. $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 2,000.00 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ A-50 UNKNOWN UTILITY REPAIR 25000 DOL $ 1.00 $ 25,000.00 $ 1.00 $ 25,000.00 1.00$ 25,000.00$ 1.00$ 25,000.00$ A-51 ROADSIDE CLEANUP 15000 DOL $ 1.00 $ 15,000.00 $ 1.00 $ 15,000.00 1.00$ 15,000.00$ 1.00$ 15,000.00$ A-52 MINOR CHANGE 1 DOL $ (1.00) $ (1.00) $ (1.00) $ (1.00)(1.00)$ (1.00)$ (1.00)$ (1.00)$ Bid Schedule A (City/FED) Total 1,376,551.50$ Bid Schedule A (City/FED) Total 1,301,165.00$ Bid Schedule A (City/FED) Total 1,390,043.90$ Bid Schedule A (City/FED) Total 1,500,534.50$ B-1 MOBILIZATION GROUP 2 1 L.S. $ 30,000.00 $ 30,000.00 $ 20,000.00 $ 20,000.00 16,000.00$ 16,000.00$ 46,000.00$ 46,000.00$ B-2 REMOVAL OF STRUCTURES AND OBSTRUCTION GROUP 2 1 L.S. $ 20,000.00 $ 20,000.00 $ 8,000.00 $ 8,000.00 2,500.00$ 2,500.00$ 12,000.00$ 12,000.00$ B-3 PLANING BITUMINOUS PAVEMENT 300 S.Y. $ 14.00 $ 4,200.00 $ 20.00 $ 6,000.00 7.25$ 2,175.00$ 8.00$ 2,400.00$ B-4 SIDEWALK REMOVAL 916 S.F. $ 3.25 $ 2,977.00 $ 3.00 $ 2,748.00 5.00$ 4,580.00$ 4.00$ 3,664.00$ B-5 CRUSHED SURFACING BASE COURSE 150 TON $ 80.00 $ 12,000.00 $ 75.00 $ 11,250.00 70.00$ 10,500.00$ 71.00$ 10,650.00$ B-6 CRUSHED SURFACING TOP COURSE 40 TON $ 90.00 $ 3,600.00 $ 275.00 $ 11,000.00 70.00$ 2,800.00$ 175.00$ 7,000.00$ B-7 HMA CL. 3/8" PG 64H-28 90 TON $ 160.00 $ 14,400.00 $ 210.00 $ 18,900.00 225.00$ 20,250.00$ 250.00$ 22,500.00$ B-8 COMMERCIAL HMA 40 TON $ 250.00 $ 10,000.00 $ 210.00 $ 8,400.00 225.00$ 9,000.00$ 250.00$ 10,000.00$ B-9 ROADWAY EXCAVATION INCL. HAUL 10 C.Y. $ 120.00 $ 1,200.00 $ 130.00 $ 1,300.00 1,000.00$ 10,000.00$ 550.00$ 5,500.00$ B-10 EMBANKMENT COMPACTION 20 C.Y. $ 30.00 $ 600.00 $ 50.00 $ 1,000.00 1.00$ 20.00$ 50.00$ 1,000.00$ B-11 CEMENT CONC. TRAFFIC CURB AND GUTTER 159 L.F. $ 100.00 $ 15,900.00 $ 100.00 $ 15,900.00 98.00$ 15,582.00$ 100.00$ 15,900.00$ B-12 CEMENT CONC. TRAFFIC CURB 90 L.F. $ 105.00 $ 9,450.00 $ 100.00 $ 9,000.00 98.00$ 8,820.00$ 100.00$ 9,000.00$ B-13 DUAL-FACED CEMENT CONC. TRAFFIC CURB 80 L.F. $ 105.00 $ 8,400.00 $ 115.00 $ 9,200.00 98.00$ 7,840.00$ 100.00$ 8,000.00$ B-14 PLASTIC STOP LINE 22 L.F. $ 20.00 $ 440.00 $ 18.00 $ 396.00 32.00$ 704.00$ 25.00$ 550.00$ B-15 PLASTIC CROSSWALK LINE 364 S.F. $ 20.00 $ 7,280.00 $ 12.00 $ 4,368.00 19.00$ 6,916.00$ 15.00$ 5,460.00$ B-16 PAINT LINE 1234 L.F. $ 1.25 $ 1,542.50 $ 1.00 $ 1,234.00 3.20$ 3,948.80$ 1.50$ 1,851.00$ B-17 PAINTED WIDE LANE LINE 139 L.F. $ 1.50 $ 208.50 $ 1.00 $ 139.00 3.20$ 444.80$ 2.00$ 278.00$ B-18 PLASTIC TRAFFIC ARROW 4 EA. $ 200.00 $ 800.00 $ 250.00 $ 1,000.00 290.00$ 1,160.00$ 350.00$ 1,400.00$ B-19 TRAFFIC SIGNAL SYSTEM GROUP 2 1 L.S. $ 110,000.00 $ 110,000.00 $ 140,000.00 $ 140,000.00 145,000.00$ 145,000.00$ 180,000.00$ 180,000.00$ B-20 PROJECT TEMPORARY TRAFFIC CONTROL GROUP 2 1 L.S. $ 75,000.00 $ 75,000.00 $ 40,000.00 $ 40,000.00 77,000.00$ 77,000.00$ 57,500.00$ 57,500.00$ B-21 PERMANENT SIGNING GROUP 2 1 L.S. $ 5,000.00 $ 5,000.00 $ 1,800.00 $ 1,800.00 12,000.00$ 12,000.00$ 3,000.00$ 3,000.00$ B-22 CEMENT CONC. CURB RAMP TYPE PERPENDICULAR A 1 L.S. $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 4,000.00$ 4,000.00$ 5,000.00$ 5,000.00$ B-23 DETECTABLE WARNING SURFACE 20 S.F. $ 75.00 $ 1,500.00 $ 70.00 $ 1,400.00 80.00$ 1,600.00$ 100.00$ 2,000.00$ B-24 DECORATIVE BOLLARD CHAIN 90 L.F. $ 30.00 $ 2,700.00 $ 38.00 $ 3,420.00 30.00$ 2,700.00$ 20.00$ 1,800.00$ B-25 DECORATIVE BOLLARD 15 EA. $ 1,500.00 $ 22,500.00 $ 750.00 $ 11,250.00 1,600.00$ 24,000.00$ 2,000.00$ 30,000.00$ B-26 ADJUST JUNCTION BOX 1 EA. $ 750.00 $ 750.00 $ 500.00 $ 500.00 550.00$ 550.00$ 1,000.00$ 1,000.00$ B-27 FIBER SMALL CABLE VAULT 2 EA. $ 2,500.00 $ 5,000.00 $ 2,000.00 $ 4,000.00 2,100.00$ 4,200.00$ 2,500.00$ 5,000.00$ 1-17-2023 City Council Agenda Packet Page 35 of 96 Item No.Description Total Quantity Unit Unit Price Extended Unit Price Extended Unit Price Extended Unit Price Extended Engineer's Estimate Selland Construction Hurst Construction Smith Excavation B-28 FIBER 2" HDPE CONDUIT 190 L.F. $ 25.00 $ 4,750.00 $ 70.00 $ 13,300.00 33.00$ 6,270.00$ 45.00$ 8,550.00$ B-29 SHORING OR EXTRA EXCAVATION CLASS B 1 L.S. $ 2,500.00 $ 2,500.00 $ 1.00 $ 1.00 1,500.00$ 1,500.00$ 2,000.00$ 2,000.00$ B-27 UNKNOWN UTILITY REPAIR 5000 DOL $ 1.00 $ 5,000.00 $ 1.00 $ 5,000.00 1.00$ 5,000.00$ 1.00$ 5,000.00$ B-28 MINOR CHANGE 1 DOL $ (1.00) $ (1.00) $ (1.00) $ (1.00)(1.00)$ (1.00)$ (1.00)$ (1.00)$ Bid Schedule B (WSDOT/FED) Subtotal 382,697.00$ Bid Schedule B (WSDOT/FED) Subtotal 355,505.00$ Bid Schedule B (WSDOT/FED) Subtotal 407,059.60$ Bid Schedule B (WSDOT/FED) Subtotal 464,002.00$ Sales Tax 8.4%Sales Tax 8.4%Sales Tax 8.4%Sales Tax 8.4% Bid Schedule B (WSDOT/FED) Total 414,843.55$ Bid Schedule B (WSDOT/FED) Total 385,367.42$ Bid Schedule B (WSDOT/FED) Total 441,252.61$ Bid Schedule B (WSDOT/FED) Total 502,978.17$ C-1 MOBILIZATION GROUP 3 1 L.S. $ 20,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 2,000.00$ 2,000.00$ 32,000.00$ 32,000.00$ C-2 REMOVAL OF STRUCTURES AND OBSTRUCTIONS GROUP 3 1 L.S. $ 15,000.00 $ 15,000.00 $ 12,000.00 $ 12,000.00 1,500.00$ 1,500.00$ 15,000.00$ 15,000.00$ C-3 SIDEWALK REMOVAL 187 S.F. $ 3.25 $ 607.75 $ 7.00 $ 1,309.00 5.00$ 935.00$ 7.00$ 1,309.00$ C-4 DUCTILE IRON PIPE FOR WATER MAIN 4 IN. DIAM.14 L.F. $ 150.00 $ 2,100.00 $ 115.00 $ 1,610.00 300.00$ 4,200.00$ 150.00$ 2,100.00$ C-5 DUCTILE IRON PIPE FOR WATER MAIN 6 IN. DIAM.39 L.F. $ 200.00 $ 7,800.00 $ 190.00 $ 7,410.00 250.00$ 9,750.00$ 90.00$ 3,510.00$ C-6 DUCTILE IRON PIPE FOR WATER MAIN 12 IN. DIAM.56 L.F. $ 225.00 $ 12,600.00 $ 250.00 $ 14,000.00 350.00$ 19,600.00$ 250.00$ 14,000.00$ C-7 GATE VALVE 4 IN.1 E.A. $ 2,000.00 $ 2,000.00 $ 2,600.00 $ 2,600.00 2,500.00$ 2,500.00$ 2,100.00$ 2,100.00$ C-8 GATE VALVE 6 IN.1 E.A. $ 2,500.00 $ 2,500.00 $ 2,900.00 $ 2,900.00 3,000.00$ 3,000.00$ 2,500.00$ 2,500.00$ C-9 GATE VALVE 8 IN.3 E.A. $ 3,000.00 $ 9,000.00 $ 3,600.00 $ 10,800.00 3,400.00$ 10,200.00$ 3,200.00$ 9,600.00$ C-10 CONNECTION TO EXISTING WATER SYSTEM - STA 13+67.6A 1 L.S. $ 10,000.00 $ 10,000.00 $ 6,000.00 $ 6,000.00 9,000.00$ 9,000.00$ 11,000.00$ 11,000.00$ C-11 CONNECTION TO EXISTING WATER SYSTEM - STA 13+26.8A 1 L.S. $ 7,000.00 $ 7,000.00 $ 2,200.00 $ 2,200.00 4,000.00$ 4,000.00$ 7,250.00$ 7,250.00$ C-12 CONNECTION TO EXISTING WATER SYSTEM - STA 13+84.5A 1 L.S. $ 6,000.00 $ 6,000.00 $ 1,500.00 $ 1,500.00 3,500.00$ 3,500.00$ 6,500.00$ 6,500.00$ C-13 SERVICE CONNECTION 1-1/2 IN. DIAM.2 E.A. $ 5,500.00 $ 11,000.00 $ 5,800.00 $ 11,600.00 7,000.00$ 14,000.00$ 6,000.00$ 12,000.00$ C-14 ABANDONMENT OF TERMINATED WATER FACILITIES 1 L.S. $ 9,000.00 $ 9,000.00 $ 3,500.00 $ 3,500.00 1,500.00$ 1,500.00$ 10,000.00$ 10,000.00$ C-15 CRUSHED SURFACING BASE COURSE 70 TON $ 80.00 $ 5,600.00 $ 80.00 $ 5,600.00 90.00$ 6,300.00$ 105.00$ 7,350.00$ C-16 CRUSHED SURFACING TOP COURSE 20 TON $ 90.00 $ 1,800.00 $ 90.00 $ 1,800.00 90.00$ 1,800.00$ 255.00$ 5,100.00$ C-17 HMA CL. 3/8" PG 64H-28 13 TON $ 160.00 $ 2,080.00 $ 210.00 $ 2,730.00 225.00$ 2,925.00$ 250.00$ 3,250.00$ C-18 COMMERCIAL HMA 18 TON $ 250.00 $ 4,500.00 $ 210.00 $ 3,780.00 225.00$ 4,050.00$ 250.00$ 4,500.00$ C-19 CEMENT CONC. TRAFFIC CURB AND GUTTER 20 L.F. $ 100.00 $ 2,000.00 $ 200.00 $ 4,000.00 118.00$ 2,360.00$ 150.00$ 3,000.00$ C-20 PROJECT TEMPORARY TRAFFIC CONTROL GROUP 3 1 L.S. $ 40,000.00 $ 40,000.00 $ 18,000.00 $ 18,000.00 15,000.00$ 15,000.00$ 32,000.00$ 32,000.00$ C-21 CEMENT CONC. SIDEWALK 20 S.Y. $ 150.00 $ 3,000.00 $ 175.00 $ 3,500.00 170.00$ 3,400.00$ 165.00$ 3,300.00$ C-22 SHORING OR EXTRA EXCAVATION CLASS B 1 L.S. $ 2,500.00 $ 2,500.00 $ 1.00 $ 1.00 1,000.00$ 1,000.00$ 2,000.00$ 2,000.00$ C-23 UNKNOWN UTILITY REPAIR 5000 DOL $ 1.00 $ 5,000.00 $ 1.00 $ 5,000.00 1.00$ 5,000.00$ 1.00$ 5,000.00$ C-24 MINOR CHANGE 1 DOL $ (1.00) $ (1.00) $ (1.00) $ (1.00)(1.00)$ (1.00)$ (1.00)$ (1.00)$ Bid Schedule C (EWWD) Subtotal 181,086.75$ Bid Schedule C (EWWD) Subtotal 131,839.00$ Bid Schedule C (EWWD) Subtotal 127,519.00$ Bid Schedule C (EWWD) Subtotal 194,368.00$ Sales Tax 8.4%Sales Tax 8.4%Sales Tax 8.4%Sales Tax 8.4% Bid Schedule C (EWWD) Total 196,298.04$ Bid Schedule C (EWWD) Total 142,913.48$ Bid Schedule C (EWWD) Total 138,230.60$ Bid Schedule C (EWWD) Total 210,694.91$ City Roadway Reconstruction - City/FHWA Schedule A Total 1,376,551.50$ Schedule A Total 1,301,165.00$ Schedule A Total 1,390,043.90$ Schedule A Total 1,500,534.50$ WSDOT Roadway Reconstruction - WSDOT/FHWA Schedule B Total 414,843.55$ Schedule B Total 385,367.42$ Schedule B Total 441,252.61$ Schedule B Total 502,978.17$ East Wenatchee Water District (EWWD)Schedule C Total 196,298.04$ Schedule C Total 142,913.48$ Schedule C Total 138,230.60$ Schedule C Total 210,694.91$ Total Estimate 1,987,693.09$ Total Bid 1,829,445.90$ Total Bid 1,969,527.11$ Total Bid 2,214,207.58$ 1-17-2023 City Council Agenda Packet Page 36 of 96 East Wenatchee Council Agenda Bill To: Mayor and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2023-05: RH2 General Services Engineering Contract Date: January 17, 2023 I.Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the selection of RH2 Engineering as the City’s General Engineering Services consultant for 2023 and accepting RH2s 2023 Rate Schedule for work performed under the general engineering services contract. II.Background/History: The City of East Wenatchee has a need for periodic professional engineering services (e.g., large/complex development review, cost estimate verification, technical issue advice). RH2 Engineering performed these services during 2022 under a similar contract. In 2022, with a budget of $20,000, Public Works spent $13,060.46 on general engineering services through 11/30/2022. For 2023, Public Works staff reviewed Statements of Qualifications (SOQ) from three (3) local engineering firms selected from the City’s MRSC-managed Consultant Roster. A selection committee comprised of Public Works staff evaluated and scored SOQs: Firm SOQ Score (200 points max) RH2 Engineering 182 Perteet, Inc. 175 Pacific Engineering and Design 171 Based on SOQ evaluation scores, RH2 Engineering was deemed the “most qualified” consulting firm. III. Recommended Action: Approve the selection of RH2 Engineering as the City’s 2023 General Engineering Services contractor and accept the attached 2023 Rate Schedule. City of 1-17-2023 City Council Agenda Packet Page 37 of 96 IV. Exhibits: 1. Resolution 2023-05 Financial Data Expenditure Required Amount Budgeted Appropriation Required Up to $20,000 $20,000 No 1-17-2023 City Council Agenda Packet Page 38 of 96 City of East Wenatchee, Washington Resolution No. 2023-05 A Resolution of the City of East Wenatchee, Washington authorizing the selection of RH2 Engineering as the City’s General Engineering Services consultant for 2023, and accepting RH2s 2023 Rate Schedule for work performed under the general engineering services contract. 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 alternate format@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 selection of RH2 as the City’s 2023 General Engineering Services Consultant, and approves the 2023 Rate Schedule as attached 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. 1-17-2023 City Council Agenda Packet Page 39 of 96 City of East Wenatchee Resolution 2023-05 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 _______________, 2023. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Sean Lewis, Assistant City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 1-17-2023 City Council Agenda Packet Page 40 of 96 1-17-2023 City Council Agenda Packet Page 41 of 96 1-17-2023 City Council Agenda Packet Page 42 of 96 1-17-2023 City Council Agenda Packet Page 43 of 96 1-17-2023 City Council Agenda Packet Page 44 of 96 1-17-2023 City Council Agenda Packet Page 45 of 96 1-17-2023 City Council Agenda Packet Page 46 of 96 1-17-2023 City Council Agenda Packet Page 47 of 96 1-17-2023 City Council Agenda Packet Page 48 of 96 1-17-2023 City Council Agenda Packet Page 49 of 96 RH2 ENGINEERING East Wenatchee 300 Simon Street SE, Suite 5 East Wenatchee, WA 98802 1.800.720.8052 /rh2.com 1/9/2023 4:57 PM J:\DATA\EW\21-0133\CONTRACT\AMND NO. 1\20230109_2023 RATE SCHEDULES_GMELTON.DOCX WASHINGTON LOCATIONS Bellingham Bothell (Corporate) East Wenatchee Issaquah Richland Tacoma OREGON LOCATIONS Medford Portland IDAHO LOCATIONS Nampa WASHINGTON LOCATIONS Bellingham Bothell (Corporate) East Wenatchee Issaquah Richland Tacoma OREGON LOCATIONS Medford Portland IDAHO LOCATIONS Nampa January 9, 2023 Garren Melton Public Works Manager City of East Wenatchee 271 9th Street NE East Wenatchee,WA,98802 Sent via:Email or/and US Mail Subject:Rate Schedule for Engineering Services in 2023 Dear Garren: RH2 has taken a close look at the changes in costs that we have experienced over the past year to determine the rate adjustment necessary to keep pace with those increased costs. Our objective, as always, is to address the needs of our clients while providing high quality, professional services at competitive rates. To meet the rising costs of our workforce, healthcare, rent, and overall operating expenses, RH2 is seeking a rate increase for 2023. We look forward to working with you in 2023 and greatly appreciate your continued business. Please do not hesitate to contact me with any questions or concerns. Attached,please find RH2’s 2023 rate schedule. Sincerely, Erik Howe, P.E. Principal Attachments:Exhibit A -2023 Schedule of Rates and Charges 1-17-2023 City Council Agenda Packet Page 50 of 96 01/09/23 4:57 PM GARREN MELTON January 9, 2023 Page 2 ACCEPTANCE OF REVISED RATES Revised EXHIBIT A -2023 RATE SCHEDULE is hereby acknowledged and accepted By _________________________________________________________ on the __________ day of _________________________________, 2023. Title _______________________________________________________ 1-17-2023 City Council Agenda Packet Page 51 of 96 RATE LIST RATE UNIT Professional I $159 $/hr Professional II $174 $/hr Professional III $193 $/hr Professional IV $213 $/hr Professional V $226 $/hr Professional VI $244 $/hr Professional VII $257 $/hr Professional VIII $268 $/hr Professional IX $268 $/hr Technician I $123 $/hr Technician II $135 $/hr Technician III $152 $/hr Technician IV $166 $/hr Technician V $182 $/hr Technician VI $199 $/hr Technician VII $216 $/hr Technician VIII $226 $/hr Administrative I $82 $/hr Administrative II $96 $/hr Administrative III $112 $/hr Administrative IV $134 $/hr Administrative V $158 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11"$0.09 price per copy Copies (bw) 8.5" X 14"$0.14 price per copy Copies (bw) 11" X 17"$0.20 price per copy Copies (color) 8.5" X 11"$0.90 price per copy Copies (color) 8.5" X 14"$1.20 price per copy Copies (color) 11" X 17"$2.00 price per copy Technology Charge 2.50%% of Direct Labor Mileage $0.6555 price per mile (or Current IRS Rate) Subconsultants 15%Cost + Outside Services at cost EXHIBIT A RH2 ENGINEERING, INC. 2023 SCHEDULE OF RATES AND CHARGES Rates listed are adjusted annually. 1-17-2023 City Council Agenda Packet Page 52 of 96 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2023-06 Change Order for the Police Department Remodel between the City of East Wenatchee and Apollo Inc. Date: January 17, 2023 I.Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a change order between the City of East Wenatchee and Apollo Inc., for construction services as a part of the City’s Police Department remodel at 50 Simon Street. II.Background/History: On June 21, 2022, The City executed a contract with Apollo Inc. for $506,410 for the remodel of the future Police Department at 50 Simon Street. Construction is nearly complete, with most furniture already assembled, and in place. This change order allows Apollos electrical subcontractor to energize the cubicles that have been placed and run additional power as needed. The total amount for this change order is $3,525.00. The new total contract amount with Apollo will be $522,680.74. The total budget for this project is $1,000,000. After this change order, and all expected soft costs, the project is currently projected to be completed approximately $35,000 under budget. III. Recommended Action: Approve Resolution 2023-06 authorizing Mayor Crawford to execute a change order with Apollo Inc. for the Police Department Remodel project. IV.Exhibits: Resolution 2023-06 Financial Data Expenditure Required Amount Budgeted Appropriation Required $522,680.74 $1,000,000 No City of 1-17-2023 City Council Agenda Packet Page 53 of 96 City of East Wenatchee Resolution 2023-06 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. 2023-06 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a change order between the City of East Wenatchee and Apollo Inc. for construction services as a part of the City’s Police Department remodel at 50 Simon Street. 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 change order 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. 1-17-2023 City Council Agenda Packet Page 54 of 96 City of East Wenatchee Resolution 2023-06 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 _______________, 2023. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Robert R. Siderius, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 1-17-2023 City Council Agenda Packet Page 55 of 96 Sheet1 DATE: Owner: PCO NO.: DESCRIPTION: COST BREAKDOWN DESCRIPTION MATERIALS LABOR GEN COND EQUIPMENT SUBS Electrical 3,525.00 - - - - 3,525.00 SUBTOTAL= 3,525.00 Markup for GC Labor & Materials (14%)- Markup on Subs (8%)282.00 TOTAL 3,807.00$ ASSUMPTIONS/CLARIFICATIONS SCHEDULE SIGNATURE OF ACCEPTANCE BY OWNER DATE 12/20/2022 City of East Wenatchee B248-012 Provide additional power along the column to a floor strip in room 124. Change (3) existing electrical outlets to accommodate new furniture raceways. This assumes existing raceways can be utilitized, no sheetrock patching or painting is included. CONTRACT WILL BE EXTENDED 20 CALENDAR DAYS FOR THIS CHANGE ORDER. NEW CONTRACT COMPLETION DATE WILL BE JANUARY 20, 2023 Page 1 1-17-2023 City Council Agenda Packet Page 56 of 96 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2023-07: Declaring Certain Property as Surplus to the Needs of the City Date: January 17, 2023 I.Summary Title: A Resolution of the City of East Wenatchee, Washington declaring certain property owned by the City as surplus to the needs of the City. II.Background/History: City Staff have identified several cubicle style workstations as surplus to the needs of the City. These workstations were purchased in 2022 as a part of larger “as is” furniture lot. The furniture lot fully furnished the new Police Department and had leftover items the City will save for future needs. Staff does not foresee a future use for the items identified in the list of surplus items. Once declared surplus the City will make the furniture available for auction. Revenue from the auction will be reinvested toward future City facility needs. III. Recommended Action: Approve Resolution 2023-07 declaring the attached list of furniture as surplus to the needs of the City. IV.Exhibits: 1.Resolution 2023-07 Financial Data Expenditure Required Amount Budgeted Appropriation Required $0 $0 No City of 1-17-2023 City Council Agenda Packet Page 57 of 96 City of East Wenatchee, Washington Resolution No. 2023-07 A Resolution of the City of East Wenatchee, Washington declaring certain property owned by the City as surplus to the needs of the City. 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: 1.Declaration. The City Council declares the asset listed in Exhibit A as surplus to the City’s needs. 2.Public Hearing. Because the City Council estimates that none of the assets to be sold exceed $50,000 in value and because it will not transfer any property to another governmental agency at below market value, it will not hold a public hearing. 3.Sale of Property. The City Council instructs the Mayor or her designee to sell the assets listed above using such other means of marketing and as the Mayor or her designee reasonably determines to maximize the net return to the City on the sale. Exhibit A 1-17-2023 City Council Agenda Packet Page 58 of 96 City of East Wenatchee Resolution 2023-07 Retain Resolution until no longer needed for City -business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 4.Conflict of Interest. The City Council declares that it is a conflict- of-interest for a member of the City Council, the Mayor, or a city employee to purchase surplus property of the City. 5.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. 6.Effective Date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2023. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Sean Lewis, Assistant City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 1-17-2023 City Council Agenda Packet Page 59 of 96 EXHIBIT A •34 - 24” X 60” All-Steel or comparable brand cubicle with matching file cabinets 1-17-2023 City Council Agenda Packet Page 60 of 96 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2023-08 3rd Street SE & Rock Island Road Intersection Improvements Contract Award Date: January 17, 2023 I.Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a contract between the City of East Wenatchee and Selland Construction Inc. for the 3rd St SE & Rock Island Road Intersection Improvements project. II.Background/History: The City of East Wenatchee (City) identified the intersection of 3rd Street SE & Rock Island Road in its 6 Year Transportation Improvement Plan as a candidate for a traffic signal. In 2021 the Transportation Improvement Board selected the project to receive $807,415 grant funding, with an estimated total project cost of $949,900. The City is partnering with Link Transit to include improvements to their park and ride adjacent to the intersection. The City advertised the project and conducted a public bid opening on December 20, 2022. The bids received included: Contractor City Link Transit Total Selland Construction $677,252 $499,953 $1,177,205 Rudnick $725,819 $610,370 $1,336,189 Ascent $744,928 $654,973 $1,399,901 Hurst $818,558 $612,031 $1,430,588 KRCI $823,841 $626,387 $1,450,228 Smith Excavation $ 795,400 $655,505 $1,450,505 *Rounded to nearest dollar The low bid received was from Selland Construction with a total project cost of $1,177,204.40, which is 13.3% under the engineers estimate. City of 1-17-2023 City Council Agenda Packet Page 61 of 96 In the 2022 budget the City allocated $870,000 for the construction of this project. Based on the low bid the City is on track to complete the project under budget. A budget appropriation is required for the Link Transit portion of the project, but all costs associated with Link Transit’s schedule will be reimbursed to the City by Link Transit. III. Recommended Action: Approve Resolution 2023-08 authorizing the Mayor to execute a contract between the City of East Wenatchee and Selland Construction Inc. for the 3rd St SE & Rock Island Road Signal Project in an amount not to exceed $1,177,205. IV. Exhibits: 1. Bid Tabulations 2. Resolution 2023-08 Financial Data Expenditure Required Amount Budgeted Appropriation Required Total - $1,177,205 City - $677,252 Link - $499,953 $870,000 Yes - $307,205 1-17-2023 City Council Agenda Packet Page 62 of 96 City of East Wenatchee Resolution 2023-08 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. 2023-08 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a contract between the City of East Wenatchee and Selland Construction Inc. for the 3rd St SE & Rock Island Road Intersection 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 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. 1-17-2023 City Council Agenda Packet Page 63 of 96 City of East Wenatchee Resolution 2023-08 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 _______________, 2023. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Sean Lewis, Assistant City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 1-17-2023 City Council Agenda Packet Page 64 of 96 1-17-2023 City Council Agenda Packet Page 65 of 96 1-17-2023 City Council Agenda Packet Page 66 of 96 1-17-2023 City Council Agenda Packet Page 67 of 96 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2023-09 - 3rd Street SE & Rock Island Road Intersection Improvements – Consultant Amendment for Services During Construction Date: January 17, 2023 I.Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a consultant agreement supplement between the City of East Wenatchee and Perteet, Inc. for the 3rd St SE & Rock Island Road Signal project. Background/History: This contract supplement obligates Perteet to aid with administering the project and oversee construction inspections. The total cost for this supplement is $87,748. This brings the total fee paid to Perteet to $203,475 for design, minor right of way acquisition assistance, and services during construction. Pending any change orders during construction, this project is currently on track to be completed under budget. II.Recommended Action: Approve Resolution 2023-09 authorizing the Mayor to execute the supplemental agreement with Perteet for Services During Construction on the 3rd St SE & Rock Island Road Intersection Improvement project. III. Exhibits: 1.Resolution 2023-09 Financial Data Expenditure Required Amount Budgeted Appropriation Required $87,748 $870,000 No City of 1-17-2023 City Council Agenda Packet Page 68 of 96 City of East Wenatchee Resolution 2023-09 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. 2023-09 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a consultant agreement supplement between the City of East Wenatchee and Perteet Engineering for the 3rd St SE & Rock Island Road Signal 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 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. 1-17-2023 City Council Agenda Packet Page 69 of 96 City of East Wenatchee Resolution 2023-09 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 _______________, 2023. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Robert R. Siderius, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 1-17-2023 City Council Agenda Packet Page 70 of 96 Agency City of East Wenatchee Project Number 8-3-161(014)-1 Project Name City of East Wenatchee 3rd Street SE & Rock Island Road Intersection Improvements Consulting Firm Perteet, Inc. Supplement Phase Supplement for Construction Management Services The Local Agency of the City of East Wenatchee desires to supplement the agreement entered into with Perteet, Inc. and executed on March 1, 2022. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section II, SCOPE OF WORK, is hereby amended to include: See attached Exhibit “A-1”, Scope of Services Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the Completion Date SUPPLEMENTAL COMPLETION DATE December 31, 2023 Section V, PAYMENT, shall be amended as follows as set forth in Exhibit A MAXIMUM AMOUNT PAYABLE $203,475.00 Original Agreement Supplement No. 1 Supplement No. 2 Supplement No. 3 Total Direct Salary Cost $31,294 --$26,182 $57,476 Overhead $61,487 --$47,787 $109,274 Direct Non-salary Costs $12,568 $990 -$5,924 $19,482 Fixed Fee $9,388 --$7,855 $17,243 Total $114,737 $990 $0 $87,748 $203,475 EXHIBIT A If you concur with this supplement and agree to the changes as stated above, please sign and date in the appropriate spaces below. Agency Signature Date Consultant Signature Date Peter De Boldt Digitally signed by Peter De Boldt DN: C=US, E=peter.deboldt@perteet.com, O="Perteet, Inc.", CN=Peter De Boldt Date: 2023.01.11 14:18:12-08'00' 1-17-2023 City Council Agenda Packet Page 71 of 96 SCOPE OF SERVICES City of East Wenatchee 3rd Street SE & Rock Island Road Intersection Improvements Supplement #3 – Construction Management Services City Project Number: 2021-11 TIB Project Funding Number: 8-3-161(014)-1 GENERAL SCOPE OF SERVICES This Supplement closes the design phase for the project and the previously defined Tasks 1 through 13 and opens the construction phase of the project with the tasks listed below. Perteet Inc. (Consultant) will provide construction observation and administration services for the City of East Wenatchee (The City) for the 3rd Street SE and Rock Island Road Intersection Improvements project. The Consultant will endeavor to protect the City of East Wenatchee against defects and deficiencies in the work of the Contractor, but cannot guarantee the Contractor’s performance and shall not be responsible for construction means, methods, techniques, sequences, procedures for safety precautions and programs in connection with the work. The City of East Wenatchee has partnered with Link Transit to complete construction of each agency’s project in the vicinity using the same Contractor. All Services within this Supplement shall be limited to construction management efforts associated with the City of East Wenatchee’s project only. Services shall be limited to those expressly set forth herein. If the service is not specifically identified herein, it is expressly excluded. Perteet shall have no other obligations, duties or responsibilities associated with the project except as expressly provided in this agreement. The Scope of Services for this construction phase of the project includes the following elements: Task 1 – Project Management Task 2 – Construction Administration and Documentation Task 3 – Construction Observation Task 4 – Design Services During Construction The Scope of Services for this phase are defined in the tasks below. SCOPE OF SERVICES DEFINED Task 1 – Project Management The Consultant will provide project management of the Consultant team. EXHIBIT A-1 1-17-2023 City Council Agenda Packet Page 72 of 96 As part of the project, the Consultant will prepare monthly progress reports that describe the work items and percentage of work items that were accomplished during a given month. The monthly progress reports will also identify other issues or problems that may occur in any given month. The Consultant will submit these monthly progress reports to the City’s Project Manager with the monthly invoices. The monthly invoices will bill by major tasks. The Consultant Project Manager will notify the City’s Project Manager, in writing (memo format), of any out of scope and/or budgetary issues that are inconsistent with this Scope of Work. The City and the Consultant will coordinate on any issues by telephone or in person. Work Elements: • Project setup. • Control of project budget and schedule. • Prepare monthly progress reports and invoices. • Maintain on-going contact with the City’s Project Manager via informal meetings, telephone discussions, and electronic mail. Assumptions: • The duration of this construction phase shall be no longer than six (6) months. • A maximum of six (6) progress reports and invoices will be prepared. Deliverables: • Monthly invoice and progress report (PDF, maximum of six). Task 2 – Construction Administration and Documentation The Consultant will provide construction documentation and record keeping. Standard WSDOT forms will be used for records and reporting procedures. If a WSDOT form is not available, a Perteet form will be used. At completion of the project Perteet will provide electronic files of all documentation to the City. Work Elements: • Prepare the Record of Materials (ROM). • Prepare agenda and co-lead preconstruction conference with the Contractor, City of East Wenatchee, and any other project stakeholders. • Prepare and sign the Notice to Proceed (NTP) letter to the Contractor after contract award. • Manage and coordinate changes to the contract, including: o Issuing Field Directives. o Negotiating and writing change orders with the Contractor for City concurrence. (Revisions to Plans, Specifications, and quantities for the Contractor will be completed in Task 3.) • Coordinate responses to Contractor-submitted RFIs and submittals. • Material Documentation o Project File/Records and documentation setup. Project filing Index will be based on Perteet’s file index. o Maintain a submittal and RFI tracking system to assure timely responses and minimize potential delays. o Review Request for Approval of Materials (RAMs) from the Contractor. This includes materials used on the project, including by not limited to storm and sewer piping and structures, landscaping, aggregates, asphalt pavement, concrete, electrical, and steel items. 1-17-2023 City Council Agenda Packet Page 73 of 96 o Review Shop Drawings submitted by the contractor. o Maintain a Record of Materials (ROM) to ensure proper approval of all materials incorporated into the project. • Payment Documentation o The Consultant will review the Contractor request for payment and will prepare monthly Application for Payment estimates for City approval, based on the Consultant’s field note records. Assumptions: • The Consultant will obtain and approve all requests to sublet. • The City will track all contractor and subcontractor administrative documentation (statements of intent, business licenses, certified payrolls, conduct wage rate interviews, affidavits of wages paid, etc.). • The City and Consultant will coordinate a meeting facility and meeting date for the project Preconstruction Conference. The Consultant will prepare the meeting agenda and meeting notes and distribute PDF copies of the meeting notes to all attendees for review. The Consultant and City will co-lead the Preconstruction Conference. • The Consultant will prepare suspension letters and letters acknowledging substantial completion and final completion for City signature and approval. Tasks to be Performed by the City: • Employment Documentation o Obtain Intent to Pay Prevailing Wage o Affidavit of Wages Paid for prime and subcontractor o Conduct wage rate interviews when needed • Review and sign change orders as recommended by Consultant • Review, sign, and process Contractor progress payments. • Public outreach beyond addressing questions and concerns in the field will be handled by the City. • The City will provide a location for the weekly construction meetings. Deliverables: • Monthly Application for Payment estimate submitted for City approval. • Project RFIs, field directives, and change orders. • Schedule documentation files (copies of NTP, substantial completion, final completion). • Materials documentation files (submittals, field note records, material test reports). • Payment documentation files (field note records, payment ledger, signed pay estimates). Task 3 – Construction Observation The Consultant will provide construction observation of the technical conduct and progress of the construction, including providing day-to-day contact with the Contractor and City in accordance with the roles and responsibilities stated in the WSDOT Standard Specifications and the contract-specific Special Provisions. The Construction Inspector shall not be responsible for the means, methods, techniques, sequencing, or procedures of the construction selected by the Construction Contractor(s) or for any failure of Construction Contractor(s) to comply with laws, ordinances, rules, or regulations applicable to the construction work. The parties recognize that the Construction Contractor(s) is responsible for ensuring that construction is in accordance with the plans and specifications. 1-17-2023 City Council Agenda Packet Page 74 of 96 Work Elements: • Prepare daily construction reports, describing the Construction Contractor’s operations performed and recording decisions and observations of a general or specific nature in chronological order. o Measure quantities of materials installed, log equipment and staff used, and other related items. o Verify in the daily report that the Contractor is working with the proper traffic control plans (if applicable). o Obtain required documents (i.e., truck tickets, Daily Traffic Control and TESC reports, etc.) to be provided by Contractor on-site. • Verify that material approval is complete (via ROM) prior to material being used on-site. • Coordinate, report and log the results for field sampling, field testing, and laboratory testing of soils, aggregates and concrete to determine compliance of those materials with construction contract requirements. In those instances where unsatisfactory test results are obtained, follow through with notification to the Construction Contractor and retesting of the materials after corrections are made. • Measure Quantities for Progress Payment. o Collect and tabulate quantity delivery tickets. o Prepare field note records. o Check that Manufacturer’s Certifications are received prior to recommendation for payment. • Take progress photographs of construction activities to document progress of the work and job site conditions encountered. These photos will be a part of finalized Inspector Daily Reports. • ADA compliance. The Consultant will review the constructed pedestrian facilities, including sidewalks and curb ramps. The Consultant will check for ADA compliance to the PROWAG guidelines. No hours are included to write a construction MEF document if found to be needed. • Provide field note records to be used for Application for Payment estimates. • Make recommendations to the City concerning operational acceptance, substantial completion, and final acceptance of the work, including review of the requests for extension of time by the Construction Contractor. Perform a final review and inspection of the construction work and prepare a final list of items to be corrected. After substantial completion of the project, verify completion of the punch list. • Project Punch List. Review the substantially completed project with the Contractor and City and prepare a punchlist of items to be completed prior to final completion. Once Contractor has informed Perteet that punchlist items are complete, Perteet will review completed work and notify the City once it is complete. • Record drawings. Review the Construction Contractor’s Record Drawings upon completion of major tasks to verify posted changes. Assumptions: • The Consultant will spend up to four (4) hours per day providing construction observation for a maximum of 60 working days. The four hours includes travel time from Perteet’s Wenatchee office to the project site. Additional hours beyond those scope will be considered Extra Work and, if needed, will be negotiated as a supplement between the City. • Perteet will provide up to two (2) site visits to discuss punchlist items. Tasks to be performed by the City: • The City will be the reviewer of the Consultant produced Inspector Daily Reports (IDR’s) and Field Note Records (FNR’s). Deliverables: • Inspector Daily Reports including photographs 1-17-2023 City Council Agenda Packet Page 75 of 96 • Project Punch List (Prepared list and completed list) Task 4 – Design Services During Construction At the City’s request, the Consultant will provide engineering support for design changes and other professional engineering services. This may include providing new or revised Contract Drawings, Special Provisions, Quantity Estimates, and other related engineering services. Work Elements: • Prepare up to two (2) design changes, which may each include modifications to the Plans or Specifications for the Contract as well as updated quantities. • Design changes prepared in this task may be issued as field directives, change orders, or other mechanism within Task 2. Assumptions: • Consultant time to complete each design change will be average 10 hours of engineering staff time and 4 hours of CADD technician time. Deliverables: • Electronic copies of design changes, maximum of two (2), including Plans, Specifications, sketches, technical memoranda, and other engineering-related deliverables as required to support construction. 1-17-2023 City Council Agenda Packet Page 76 of 96 Consultant Fee Determination Summary 2707 Colby Avenue, Suite 900, Everett, WA 98201 | P 425.252.7700 Project: E Wenatchee - 3rd Street SE/Rock Island Road Signal CM Client: City of East Wenatchee Hourly Costs Plus Fixed Fee Estimate Classification Hours Rate Amount Sr. Associate 68.00 79.16 $5,383 Sr. Engineer / Mgr 18.00 64.00 $1,152 Civil Designer II 12.00 42.15 $506 Technician III 8.00 35.00 $280 Sr Const Tech 60.00 49.25 $2,955 Construction Engineer III 300.00 52.00 $15,600 Accountant 6.00 51.00 $306 Total Direct Salary Costs 472.00 $26,182 Overhead @ 182.52% $47,787 Fixed Fee @ 30.00% $7,855 Total Labor Costs $81,824 Reimbursables Expenses Amount Pavia Headlight System $2,100.00 Construction Special Inspection, LLC $2,980.00 Total Expenses $5,080.00 In-House Costs Qty Rate Amount Mileage - $.625 1,350 $0.625 $844.00 Total In-House Costs $844.00 CONTRACT TOTAL $87,748.00 Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. Prepared By: Brent M Powell Date: January 11, 2023 1-17-2023 City Council Agenda Packet Page 77 of 96 Project Client PM E Wenatchee 3rd St SE & Rock Island Rd Intersection Improvements CM City of East Wenatchee Brent Powell Contract Start Date Contract End Date Contract Duration: 1/1/2023 6/30/2023 5 Months Last Update date Perteet Project No. 12/21/2022 20210312.0001 Sr. Associate Sr. Engineer / Mgr Civil Designer II Technician III Sr Const Tech Construction Engineer III Accountant Total Hours Labor Dollars Task Billing Rate $79.16 $64.00 $42.15 $35.00 $49.25 $52.00 $51.00 Task 1 - Project Management 12.00 6.00 18.00 $1,074.00 Total Task 1 - Project Management 0.00 12.00 0.00 0.00 0.00 0.00 6.00 18.00 $1,074.00 Task 2 - Construction Administration and Documentation 60.00 60.00 $2,955.00 Total Task 2 - Construction Administration and Documentation 0.00 0.00 0.00 0.00 60.00 0.00 0.00 60.00 $2,955.00 Task 3 - Construction Observation 66.00 300.00 366.00 $20,825.00 Total Task 3 - Construction Observation 66.00 0.00 0.00 0.00 0.00 300.00 0.00 366.00 $20,825.00 Task 4 - Design Support During Construction 2.00 6.00 12.00 8.00 28.00 $1,328.00 Total Task 4 - Design Support During Construction 2.00 6.00 12.00 8.00 0.00 0.00 0.00 28.00 $1,328.00 Expenses Total Expenses 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Fixed Fee Total Fixed Fee 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Total Hours 68.00 18.00 12.00 8.00 60.00 300.00 6.00 472.00 Total Dollars $5,383.00 $1,152.00 $506.00 $280.00 $2,955.00 $15,600.00 $306.00 $26,182.00 Expenses: Mileage - $.625 844 Pavia Headlight System 2,100 Totals:2,944 Subconsultant Fees:Cost Markup Bill Construction Special Inspection, LLC 2,980 2,980 Totals:2,980 2,980 Page 1 of 3v7.6.771 (BPOWELL) - 1-17-2023 City Council Agenda Packet Page 78 of 96 SUMMARY Direct Salary Cost $26,182.00 Overhead Cost 182.52%$47,787.00 Fee 30%$7,855.00 Labor $81,824.00 Expenses $2,944.00 Subconsultants $2,980.00 CONTRACT TOTAL $87,748.00 Page 2 of 3v7.6.771 (BPOWELL) - 1-17-2023 City Council Agenda Packet Page 79 of 96 CITY OF EAST WENATCHEE AGENDA BILL To: City Council From: Mayor Crawford, Bob Siderius (presented by Sean Lewis) Date: Tuesday, January 17, 2023 Subject: Resolution 2023-10 - Agreement for Conflict Public Defender Services Summary Title: Resolution 2023-10 - A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a two-year Agreement between the City and the law firm of Woods, Brangwin and Bratton for Conflict Public Defender Services. Background/History: Woods, Brangwin and Bratton has been providing defense attorney services in the Wenatchee valley for many years. Washington law requires Washington cities to provide effective legal representation for indigent persons where the right to Counsel attaches. Further, provision must be made for situations where the normal public defenders have a conflict for one or more reasons and cannot therefore effectively represent a given defendant. The proposed agreement provides for compensation of $90/hour, a term of January 1, 2023 through December 31, 2024, and early termination with 60 days’ notice by either party. Recommended Action: Motion to approve Resolution 2023-10 of the City of East Wenatchee, Washington authorizing the Mayor to execute a two-year Agreement between the City and the law firm of Woods, Brangwin and Bratton for Conflict Public Defender Services. 1-17-2023 City Council Agenda Packet Page 80 of 96 City of East Wenatchee Resolution 2023-10 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. 2023-10 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a two-year Agreement between the City and the law firm of Woods, Brangwin and Bratton for Conflict Public Defender Services. 1. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en 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@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the 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 Agreement between the City and the law firm of Woods, Brangwin and Bratton for Conflict Public Defender Services 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. 1-17-2023 City Council Agenda Packet Page 81 of 96 City of East Wenatchee Resolution 2023-10 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 _______________, 2023. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Laura Leon, 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: __________ 1-17-2023 City Council Agenda Packet Page 82 of 96 CONTRACT FOR THE PROVISION OF LEGAL SERVICES (Conflicts) January 1, 2023 – December 31, 2024 Exhibit A 1-17-2023 City Council Agenda Packet Page 83 of 96 Contract for the Provision of Legal Services Page 1 4DF1632 CONTRACT FOR THE PROVISION OF LEGAL SERVICES (CONFLICTS) RECITALS: WHEREAS, the City of East Wenatchee (“the City”) is a municipal corporation of the State of Washington; and WHEREAS, (Woods, Brangwin and Bratton, PLLC) (“the Contractor”) is a law firm which employs Staff Attorneys described below, all of whom are licensed to practice law in the State of Washington; and WHEREAS, Washington Courts have mandated Washington cities provide for the delivery of indigent public defense services; and WHEREAS, the above-named parties are desirous of entering into a contractual agreement for the provision of legal defense services to indigent criminal defendants and on other matters where court appointed attorneys in East Wenatchee Municipal Courts are required; and WHEREAS, the Contractor and Staff Attorneys have demonstrated the ability to meet accepted professional standards and the qualifications for provision of indigent defense. NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties contract and agree as follows: I. DEFINITIONS AND NATURE OF WORK The following provisions are controlling in this Contract, notwithstanding any other provision to the contrary: A. DEFINITIONS 1. “Case” - a “case” commences upon direct appointment by a judge of a court with jurisdiction. In proceedings wherein representation is provided for herein and subject to the Contractor’s duty with respect to appeals, termination shall occur upon the entry of a final order by the person or tribunal hearing the proceedings. Upon such termination, representation by Contractor shall cease. 2. “Client” means any person Contractor is appointed to represent in the court in which the person has been charged, or where a person is statutorily or otherwise 1-17-2023 City Council Agenda Packet Page 84 of 96 Contract for the Provision of Legal Services Page 2 4DF1632 entitled to legal counsel. This term also refers to persons who are being held in custody on probable cause to believe that the person has committed a crime in East Wenatchee, is a “material witness,” or who is being held in custody pursuant to a warrant from East Wenatchee or from another municipality. Persons held in custody without charges and who have not been appointed defense counsel will cease to be a client when released from custody or when they are charged with a crime or with being a fugitive, unless referred to Contractor as described above. The term also may refer to persons who are unrepresented by other counsel regarding specific criminal matters occurring in East Wenatchee. Such persons cease to be a client after such information or legal counsel has been provided, unless appointed to Contractor as described above. 3. “Contractor” means (enter law firm here). 4. “City” means the City of East Wenatchee, Washington. 5. “Indigent Person” means any person unable to afford to hire or retain legal counsel as determined by a court of competent jurisdiction, applying current case law, regulations, statutes, and/or applicable Court Rules. 6. “Court” means East Wenatchee Municipal Court. 7. “Staff Attorney” means the following attorneys who presently are employed by Contractor, and such other attorneys who subsequently are employed by Contractor and approved by the Court to provide legal representation in accordance with this Contract: 8. “Standards of Indigent Defense” means those standards and guidelines of the Washington State Bar Association’s Standards for Indigent Defense Services (June 3, 2011), as adopted and amended by Washington State Supreme Court Order 25700 –A- 1004, and any amendments to those standards. B. NATURE OF WORK During the period of this Contract, Contractor shall provide, on an as-needed and as- assigned basis, legal representation to indigent criminal defendants, suspects and/or material witnesses in East Wenatchee Municipal Court, who have been found by an East Wenatchee Municipal Court to be indigent and qualify for court-appointed representation. Representation will be assigned to Contractor when the contract public defenders for East Wenatchee cannot provide representation because of a conflict of interest. Subject to the foregoing, it is the intent of the parties that Contractor provides legal services when requested in situations, civil and/or criminal, that a Court appoints a conflict attorney to represent an individual or individuals; provided, however, Contractor may decline assignment of representation in specific areas of criminal defense practice. Contractor may also decline assignment of representation of specific clients if Contractor cannot provide legal representation which meets the standards set forth in this Contract. 1-17-2023 City Council Agenda Packet Page 85 of 96 Contract for the Provision of Legal Services Page 3 4DF1632 Contractor understands and acknowledges that the City is simultaneously entering into similar contracts with other attorneys and law firms for conflict representation. Assignment of cases shall be on a rotating basis upon those attorneys writing conflict indigent defense pursuant to GR 42. Contractor understands and acknowledges that the City is under no obligation to assign any cases to Contractor. II. TERMS AND CONDITIONS OF CONTRACT A. COMPENSATION 1. Hourly Compensation. Compensation under this Contract is intended to reflect the training and experience of the attorneys assigned. The compensation is intended to reflect the time and labor required to be spent by the attorneys and the degree of professional experience demanded by the case. Contractor compensation shall be computed by multiplying the applicable hourly rate of $90 by the number of hours (in increments of one-tenth) actually and necessarily performed by Contractor or Staff Attorneys in representing clients in accordance with this Contract. Bills should be submitted to the East Wenatchee finance director for payment. In order to receive this compensation the attorney must have their liability insurance certificate on file with East Wenatchee. Billing Address: East Wenatchee Finance Director East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 2. Billing. Contractor shall maintain accurate and contemporaneous records of time spent by Contractor and each Staff Attorney on cases assigned to Contractor under this Contract. Within the week following the last day of each month, Contractor shall submit to City an itemized billing statement, which shall describe legal services performed by Contractor and time spent performing the individual identified services by each Staff Attorney. Contractor shall not be compensated for administrative time spent by Contractor, including without limitation, time in preparing and reviewing billing records and billing statements. 1-17-2023 City Council Agenda Packet Page 86 of 96 Contract for the Provision of Legal Services Page 4 4DF1632 3. Costs. Contractor shall be responsible for paying all costs of its operation from the above remuneration as set forth herein. Payment warrants will be delivered to Contractor by City for services rendered pursuant to this Contract. B. DUTIES AND RESPONSIBILITIES OF CONTRACTOR. Defense services shall be provided to all Clients in a professional and skilled manner, consistent with minimum standards set forth by the Rules of Professional Conduct, the Standards for Indigent Defense and case law and applicable court rules defining the duties of attorneys and the rights of defendants and suspects in criminal cases. Contractor’s primary and most fundamental responsibility is to promote and protect the best interests of the Client. In the event any provision of this Contract is not in compliance with or is inconsistent with the Standards of Indigent Defense, as amended, then this Contract shall be amended such that it will at all times be in compliance with the Standards of Indigent Defense. Contractor shall provide a sufficient number of properly qualified and licensed Staff Attorneys to satisfactorily discharge duties and responsibilities herein, pursuant to applicable case law, court rules, rules of professional conduct, and Standards of Indigent Defense. Contractor shall ensure that all Staff Attorneys are aware of his/her obligations and the obligations of Contractor under this Contract. Steve Woods shall be the person to contact should any question arise under the Contract or concerning representation. C. EXPERT WITNESSES AND INTERPRETERS Expert witnesses and interpreters should be used when deemed appropriate by Contractor. Expenses for expert witnesses, in-court interpreters, and other related services necessary for the adequate preparation and presentation of the defense case shall be paid with City funds outside of this Contract; provided, however, Contractor first shall obtain from the applicable court in advance an ex parte order authorizing the expenditure of the funds on the terms and conditions required by the Court. Contractor shall make arrangements for interpreters needed for communication with Clients in all other circumstances not involving presentation in court of the defense case. Contractor shall be responsible for paying all expenses for such out-of-court interpreters. D. ADMINISTRATIVE COSTS Contractor shall be responsible for paying all administrative expenses of its office or firm. Such costs may include law libraries, financial accounting, case management systems and other costs incurred in the day-to-day management of Contractor’s law practice. 1-17-2023 City Council Agenda Packet Page 87 of 96 Contract for the Provision of Legal Services Page 5 4DF1632 Contractors shall make arrangements for interpreters needed for communication with clients in all other circumstances not involving presentation of the defense case. Contractors shall be responsible for paying all expenses for such out-of-court interpreters. Contractors are free to employ additional attorneys as the need arises during performance of this Contract. Contractor shall provide the ordinary clerical services necessary for adequate representation of its Clients. Contractor shall maintain at least one paid employee and an office and telephone for the purposes of administering the day-to-day affairs of the duties of the Staff Attorneys providing services under this Contract. E. SUPERVISION Contractor shall accept and assign only such cases to a Staff Attorney as that attorney is qualified by training and experience to handle and qualified under the Standards for Indigent Defense. When appropriate, Contractor shall provide supervisors qualified to handle Class A felonies to provide supervision to attorneys consistent with the guidelines set forth in the Standards for Indigent Defense. F. SUBSTITUTION OF COUNSEL Contractor may not subcontract with firms and/or attorneys to provide representation under this Contract and shall remain directly involved in the provision of representation to Clients. G. PRIVATE PRACTICE OF CONTRACTOR The City recognizes that Contractor and Staff Attorneys maintain private law practices. Contractor and Staff Attorneys shall not accept assignment of representation to represent specific indigent persons under this Contract if, for any reason, including without limitation, time demands of Contractor/Staff Attorneys’ private law practice, vacation, illness, etc., Contractor and/or Staff Attorney are unable to provide effective and quality representation to said Client or otherwise comply with the standards contained in this Contract. Attorneys may provide legal services on a fee basis to persons who are not court appointed Clients of Contractor so long as it does not interfere with the efficient performance of the Contractor’s duties and does not conflict with the duties of Contractor under this Contract. Neither Contractor nor Staff Attorneys may be retained by or accept remuneration of any kind from a Client on a specific case in which a court of competent jurisdiction has appointed the Contractor to represent the Client. PROVIDED: the aforementioned attorneys may be retained in situations wherein the appointing court withdraws said appointment, based on new and/or additional financial information. H. QUALIFICATIONS OF ATTORNEYS All attorneys providing services under this Contract shall meet the qualification standards established by the Standards for Indigent Defense, Standard Fourteen. Contractor shall on an 1-17-2023 City Council Agenda Packet Page 88 of 96 Contract for the Provision of Legal Services Page 6 4DF1632 annual basis provide names and experience levels of all attorneys who will be providing services under this Contract. It is understood at the making of this Contract that Staff Attorneys are not qualified under the terms of the present East Wenatchee Resolution No. 2012-126, the Standards for Indigent Defense, and other applicable authority, to provide representation in a death penalty felony case. In the event of a felony case in which the death penalty has been or may be decreed, then the City, in accordance with SPRC 2, will take the necessary steps to provide for a “death penalty qualified” attorney to serve as the “lead” attorney. In the event that the City is required to retain the services of a “death penalty qualified” attorney, Contractor may be asked provide all necessary support services, including without limitation, a “second chair” attorney to provide support to the “lead” chair. I. DISPOSITION OF CLIENT COMPLAINTS The following procedure shall be utilized for responding to Client complaints: Complaints should first be directed to the Staff Attorney providing representation. If the Client feels that he or she has not received an adequate response, Contractor’s Administrator should evaluate the legitimacy of the complaint and, if possible, resolve the complaint. The complaining Client should be informed as to the disposition of his or her complaint within one week. If the Client feels dissatisfied with the evaluation and response received, they should be advised of the right to submit a complaint to the Washington State Bar Association. J. TERMINATION OF DEFENDER SERVICES AND REMOVAL OF ATTORNEY This contract may be terminated at any time by the either Contractor or the City on sixty (60) days written notice. In addition, the City may terminate any representation undertaken under this Contract for just cause. “Just cause” shall include, without limitation, the failure of an attorney to render adequate representation to Clients; the willful disregard of the rights and best interests of the Client; and/or the willful disregard of the standards herein addressed; and/or Contractor’s failure to comply with the terms and conditions of this Contract. Just cause should be established by final judgment of an arbitrator appointed pursuant to Section IV I of this Contract, or by a court with jurisdiction. The termination of the employment of any Staff Attorney, or the removal of an attorney from representation of a Client, is solely within the authority of Contractor. The representation in an individual case establishes an inviolable attorney-client relationship. Removal of counsel from representation therefore should ordinarily not occur over the objection of both the attorney and the Client. 1-17-2023 City Council Agenda Packet Page 89 of 96 Contract for the Provision of Legal Services Page 7 4DF1632 K. NONDISCRIMINATION Contractor shall not discriminate against any employee, Staff Attorney or any applicant for employment because of race, color, sexual orientation, handicap, age, religion, sex, or national origin. No person in the United States shall, on the ground of race, color, sexual orientation, handicap, age, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subject to unlawful discrimination through any activity made possible by or resulting from this Contract. Contractor shall comply with all requirements imposed by or pursuant to the Civil Rights Act of 1964, and subsequent State and Federal enactments. L. CONFLICTS OF INTEREST 1. Financial Interests. No officer, employee, or agent of the City shall have any personal and/or financial interest, direct or indirect, in this Contract. Contractor shall take appropriate steps to assure compliance with this requirement. 2. Attorneys – Reservation Regarding Representation. Contractor, on behalf of itself and all Staff Attorneys, reserves the right to decline to advise or represent any indigent or otherwise eligible person on the basis of actual or potential legal, ethical, or professional conflict of interest and with the consent of the Court may withdraw from representing any particular person for good cause shown. In such event, Contractor shall immediately inform the appropriate Court in writing and/or “on the record” of such declination and the specific reason therefore, and will request that appointment of other City approved conflict counsel for such person. Should any question arise, a court of competent jurisdiction shall determine the existence or non-existence of a professional, ethical conflict, in accordance with the applicable court rules, statutes and Washington case law and the terms of this Contract. M. WARRANTY OF AUTHORITY Contractor warrants that it has the authority to enter into and execute this Contract, and will defend any disciplinary or judicial proceedings brought against Contractor or the City, challenging same as an unauthorized practice of law, or questioning its right and authority to execute this Contract. Contractor acknowledges that this Contract is made pursuant to and in express reliance upon this warranty. 1-17-2023 City Council Agenda Packet Page 90 of 96 Contract for the Provision of Legal Services Page 8 4DF1632 N. DUTY TO COOPERATE Contractor shall cooperate with the City and applicable courts in the execution of this Contract; shall cooperate with the City in seeking and implementing cost-saving alternatives to the execution of this Contract, and in developing methods to reduce the cost of appointing legal counsel to represent indigents; shall immediately notify the Prosecuting Attorney, and the Staff Attorney of appointments made pursuant to this Contract; and shall accept and represent all cases and Clients officially appointed by the appropriate court, unless withdrawal from such representation is allowed in accordance with provision stated herein. III. PROFESSIONAL CONDUCT A. EXERCISE OF PROFESSIONAL JUDGMENT Contractor shall execute this Contract independent of any governmental control, except as provided in this Contract. Staff Attorneys employed by Contractor shall represent Clients, preserve Client confidences, and discharge their duties hereunder in accordance with the Rules of Professional Conduct pertaining to attorneys licensed to practice law in the State of Washington, applicable Court rules, in accordance with standards applied to private attorneys defending paying Clients and the statutes, standards and qualifications set forth in East Wenatchee Resolution No. 2001-17 and the Standards for Indigent Defense. Nothing in this Contract shall be construed to impair or inhibit the exercise of independent professional judgment by Contractor or any of its Staff Attorneys with respect to any Client wherein an attorney-client privilege has been established pursuant to the terms of this Contract. B. ATTORNEY-CLIENT PRIVILEGE Nothing in the Contract shall require or permit, without consent of the Client concerned, access to or disclosure of: 1. Any confidential communication made by a Client to Contractor or any Staff Attorney or any such confidential communications made to agents or employees of Contractor or Staff Attorneys; 2. The advice given by Contractor or any of its Staff Attorneys to a Client; 3. The mental impressions, legal research, or legal theories and strategies of Contractor or any of its Staff Attorneys in preparation and presentation of legal proceedings undertaken pursuant to this Contract; or 4. Any other statements and materials privileged from disclosure in a court of law. 1-17-2023 City Council Agenda Packet Page 91 of 96 Contract for the Provision of Legal Services Page 9 4DF1632 C. STAFF ATTORNEY - JUDGE Contractor shall not accept assignment of a case if the Client has an active case pending in a court in which the Contractor or a Staff Attorney of Contractor sits as a judge or court commissioner. This prohibition includes not only defendants who are pending disposition in said court, but also defendants who are still on active probation. It will be the duty of the Contractor to screen the clients assigned to it to ensure that Contractor and Staff Attorneys are in full compliance with this section. IV. GENERAL TERMS AND CONDITIONS A. TERM This Contract is to take effect January 1, 2023, and is to continue in full force until December 31, 2024. B. RECORDS RETENTION Records of all matters covered by this Contract shall be maintained by Contractor in accordance with requirements prescribed by the State Public Records Act, City regulations and applicable courts. Except as otherwise authorized by City, such records shall be maintained for a period of not less than three (3) years after closure of each case or termination of this Contract, whichever is later. In no event is Contractor required by this Contract to keep records over five (5) years. The City will provide Contractor with one (1) copy of all reports, etc., for client’s files, at no expense to Contractor. At expiration or termination of the Contract, Contractor shall deliver to whomever designated by City all Client files on pending matters upon receipt of written consent from the Client. C. HOLD HARMLESS AND INDEMNIFICATION With respect to the obligation and activities carried out under this Contract, Contractor agrees to indemnify, or to defend and hold the City, its elected and appointed officers, employees and agents harmless, at the City’s option, from and against any loss, expense, attorney’s fees, other costs, liability or claims arising wholly or partially out of any error or omission, negligence or intentional tort on the part of Contractor, Staff Attorneys or any employee, official, or agent of Contractor, whether direct or indirect, in the performance of this Contract, other than those actions on the part of the officials, employees or agents of the City. In the event any suit or legal proceeding shall be brought against the City or any of its officers or employees, at any time, on account of or by reason of any act, action, neglect, omission, or default of Contractor and/or anyone acting for, on behalf of, or at the direction of Contractor, Contractor hereby covenants and agrees to assume the defense thereof and to defend the same at Contractor’s own expense and to pay any and all cost s, charges, attorney fees and other expenses and any and all judgments that may be incurred by or obtained against the City or any of its officers, employees, or agents in such suits or other proceedings. 1-17-2023 City Council Agenda Packet Page 92 of 96 Contract for the Provision of Legal Services Page 10 4DF1632 D. PROFESSIONAL LIABILITY INSURANCE During the term of this Contract, and for liability originating from this Contract, Contractor and all Staff Attorneys and other persons acting for and on behalf of the Contractor shall maintain professional liability insurance coverage, including without limitation, errors and omissions, negligence, intentional torts, and punitive damages. The aforementioned insurance shall be obtained from any insurance company authorized to do business in the State of Washington and shall have liability limits of no less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) in the aggregate. Within thirty (30) days of signature of the last party signing this Contract, and annually thereafter during the term of this Contract, Contractor shall submit evidence that such insurance is in full force and effect. Contractor’s coverage of liability for events accruing during this Contract shall extend after the Contract is terminated by its terms or order of court with jurisdiction. Said insurance company shall be required to give the City written notice within seventy-two (72) hours if the policy is canceled or otherwise terminated for any reason, including without limitation, non-payment of premium. E. LEGISLATIVE INTERVENTION In the event that the Legislature of the State of Washington should pass a law during the term of this Contract whereby the State of Washington takes over funding of the public defender costs for East Wenatchee, then in that event, the City’s obligations under this Contract shall end at the end of the given year in which that funding actually takes place. Provided, however, if the State does not pay for the representation of existing cases at the end of the given year and the court(s) require that the same attorneys finish the cases that were assigned prior to the end of the year, then under those specific conditions the City shall be responsible individually or jointly with the State to pay pursuant to the terms and conditions herein. In the event that the law merely changes the method in which the City is paid by the State or the way costs are shared, all efforts shall be made to have this Contract continue in full force and effect during the term herein with possible modifications in the way the same is funded. F. INTEGRATED DOCUMENT This Contract embodies the entirety of the agreement between the City and Contractor, its terms and conditions and supersedes any and all other agreements, contracts and understandings, written or oral. No verbal agreements, conversations, understandings, or writings with any officer, agent, or employee of the City prior to the execution of this Contract shall affect or modify any of the terms, conditions, or obligations contained in any documents comprising this Contract. Any such verbal agreements, conversations, understandings, or writings shall be considered as unofficial and in no way binding upon the City. 1-17-2023 City Council Agenda Packet Page 93 of 96 Contract for the Provision of Legal Services Page 11 4DF1632 G. WHEN RIGHTS AND REMEDIES ARE NOT WAIVED In no event shall any payment by the City or acceptance of payment by Contractor constitute or be construed to be a waiver by such party of any breach of contract, covenant, or default which may then exist on the part of the other. The making or acceptance of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available with respect to such breach or default. No failure of the City or Contractor to insist on the strictest performance of any term of this Contract shall constitute a waiver of any such term or an abandonment of this Contract. H. SEVERABILITY OF PROVISIONS If any term, covenant, condition, or provision of this Contract is held by a court of competent jurisdiction, arbitrator or other reviewing body with jurisdiction, to be void, invalid, or unenforceable, the remainder of the Contract shall not be affected thereby and remain in full force and effect, if such remainder would then continue to conform to the terms and requirements of applicable law, and shall in no way be affected, impaired or invalidated thereby. I. DISPUTES – ARBITRATION Disputes or claims arising under this Contract between the City and Contractor shall initially be resolved by consultation between Contractor and the East Wenatchee Board of Commissioners. If resolution of such dispute or claim is not obtained within fifteen (15) days of such consultation, the proposal shall be submitted to binding arbitration using an arbitrator agreed to by City and the Contractor. In the event that the City and the Contractor cannot agree on an arbitrator, the arbitrator shall be appointed by the presiding judge of the Douglas County Superior Court. Any arbitration shall be governed by the rules and procedures of the Washington Arbitration Act, RCW 7.04A.J. MODIFICATIONS Nothing contained in this Contract shall be deemed to preclude any party from seeking modification of any term contained herein should an unforeseen and material change in circumstances arise. Any agreement, contract, understanding, or modification made between the parties subsequent to this Contract must be executed with identical formality as this Contract, otherwise the same shall not be enforceable. K. ASSIGNABILITY Contractor may not subcontract with other law firms or attorneys for the provision of any services undertaken through this Contract, nor assign its rights or obligations under this Contract. 1-17-2023 City Council Agenda Packet Page 94 of 96 1-17-2023 City Council Agenda Packet Page 95 of 96 1-17-2023 City Council Agenda Packet Page 96 of 96