HomeMy WebLinkAbout04-18-2023 Council Meeting Agenda packetIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
04/18/2023 Council Meeting Agenda Page 1 of 2
East Wenatchee City Council Meeting
Tuesday, April 18, 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
Phone-in option for the meeting: 253 215 8782,
Meeting ID: 815 4771 5231
AGENDA
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1.Consent Items:
a.Kelly Connect Master Agreement for East Wenatchee Municipal Court
Vouchers:
b.Date: 04-13-2023, Checks: 58410-58469, in the amount of $808,622.90
c.Payroll Certification for March 2023
Minutes:
d.04-04-2023 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.
a.Certificate of Recognition to Hunter Collins for 5 Years of Public Service to the City of
East Wenatchee Streets Department – Mayor Crawford.
b.2023 Stand Against Racism Proclamation
c.2023 Arbor Day Proclamation
pg. 3
pg. 5
pg. 28
pg. 44
pg. 47
pg. 48
pg. 49
04-18-2023 City Council Agenda Packet
Page 1 of 122
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
04/18/2023 Council Meeting Agenda Page 2 of 2
4.Action Items.
a.Ordinance 2023-08, deleting Section 2.36.010 of the East Wenatchee Municipal
Code (EWMC) in its entirety, containing a severability clause, and establishing an
effective date – Sean Lewis, Assistant City Attorney.
Motion by City Council to approve Ordinance 2023-08, deleting Section
2.36.010 of the East Wenatchee Municipal Code (EWMC) in its entirety as reflected
in Exhibit A.
b.Resolution 2023-24, City of East Wenatchee Right of Way Procedure Update –
Garren Melton, Public Works Manager.
Motion by City Council to approve Resolution 2023-24, authorizing the Mayor to
approve the proposed changes to the City’s Right of Way procedures.
c.Resolution 2023-25, Department of Ecology Grant Agreement for the 19th Street NW
& NW Cascade Ave Improvements Project (City Project Number: 2019-02) – Garren
Melton, Public Works Manager.
Motion by City Council to approve Resolution 2023-25, authorizing the Mayor to
execute the Grant Agreement with the Department of Ecology for the 19th Street
NW and NW Cascade Ave improvements project.
d.Resolution 2023-26, RH2 Task Authorization for design of the 2022-2023
Transportation Improvement Board Complete Streets Projects (City Project Number:
2022-03) – Garren Melton, Public Works Manager.
Motion by City Council to approve Resolution 2023-26, authorizing Mayor
Crawford to sign the Task Authorization with RH2 Engineering for the 2022-2023
Complete Streets Projects.
5.Mayor’s Report.
a.Police Department Ribbon Cutting Event
b.Safest Cities Award
6.Council Reports & Announcements.
a.Reports/New Business of Council Committees
7. Adjournment.
pg. 50
pg. 56
pg. 66
pg. 114
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04-18-2023 City Council Agenda Packet Page 4 of 122
CHECKS: 58410-58469
VOIDED CHECKS:
DEPARTMENT/FUND AMOUNT
General Fund 001 $134,341.98
Rainy Day Fund 002 $0.00
Street Fund 101 $13,264.07
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 $652.48
Library Fund 112 $48.90
Hotel/Motel Tax Fund 113 $0.00
Drug Fund 114 $0.00
Criminal Justice Fund 116 $0.00
Events Board Fund 117 $927.96
Bond Redemption Fund 202 $0.00
Street Improvements Fund 301 $543.00
Capital Improvements Fund 314 $651,686.50
Stormwater Fund 401 $5,769.56
Equipment R&R Fund 501 $961.20
Cafeteria Plan 634 $0.00
Custodial Activities 635 $427.25
Grand Total All Funds $808,622.90
CITY OF EAST WENATCHEE
CHECK REGISTER
April 18th, 2023 Payables
04-18-2023 City Council Agenda Packet
Page 5 of 122
Fund Number Description Amount
001 General Fund $134,341.98
101 Street Fund $13,264.07
107 SWAT Fund $652.48
112 Library Fund $48.90
117 Events Board Fund $927.96
301 Street Improvements Fund $543.00
314 Capital Improvements Fund $651,686.50
401 Stormwater Fund $5,769.56
501 Equipment Purchase, Repair & Replacement Fund $961.20
635 Custodial Activities Fund $427.25
Count: 10 $808,622.90
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2023 - April 2023 - April 2023 2nd Council
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East Wenatchee - Fund Transaction Summary
04-18-2023 City Council Agenda Packet
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Vendor Number Reference Account Number Description Amount
Ag Supply Company - 233955
58411 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/3/2023 11:30:41 AM
03/2023 statement 233955
001-000-210-521-10-32-00 Fuel Consumed $4,774.71
001-000-210-521-10-49-00 Miscellaneous $19.39
Total Invoice - 4/3/2023 11:30:41 AM $4,794.10
Total 58411 $4,794.10
Total Ag Supply Company - 233955 $4,794.10
AG Supply Company - 234034
58412 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/5/2023 8:59:26 AM
03/2023 234034 statement
001-000-180-518-30-35-00 Small Tools & Equipment $24.50
001-000-180-518-30-35-00 Small Tools & Equipment $6.50
001-000-180-518-30-35-00 Small Tools & Equipment $18.16
001-000-210-521-10-48-00 Repairs & Maintenance $10.83
101-000-420-542-30-30-00 Supplies - Roadway $9.05
101-000-420-542-30-30-00 Supplies - Roadway $31.66
101-000-420-542-75-30-00 Supplies - City Parks $37.12
101-000-420-542-75-30-00 Supplies - City Parks $70.49
101-000-420-542-75-30-00 Supplies - City Parks $11.91
101-000-430-543-30-30-00 Supplies - General Services $18.41
101-000-430-543-30-30-00 Supplies - General Services $31.45
101-000-430-543-30-30-00 Supplies - General Services ($61.83)
101-000-430-543-30-30-00 Supplies - General Services $28.55
101-000-430-543-30-30-00 Supplies - General Services $35.69
101-000-430-543-30-30-00 Supplies - General Services $61.83
101-000-430-543-30-30-00 Supplies - General Services $24.14
101-000-430-543-30-30-01 Fuel $1,209.86
314-000-000-594-21-60-01 Simon St. Improvements $70.51
401-000-008-531-00-30-05 Supplies - NPDES PPGH $24.94
401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $74.83
Total Invoice - 4/5/2023 8:59:26 AM $1,738.60
Total 58412 $1,738.60
Total AG Supply Company - 234034 $1,738.60
Voucher Directory
Fiscal: : 2023 - April 2023
Council Date: : 2023 - April 2023 - April 2023 2nd Council
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 7 of 122
Vendor Number Reference Account Number Description Amount
American Building Maintenance CO
58413 2023 - April 2023 - April 2023 2nd Council
18045070
Janitorial Services
001-000-180-518-30-41-01 Contracted Custodial Services $2,523.81
Total 18045070 $2,523.81
Total 58413 $2,523.81
Total American Building Maintenance CO $2,523.81
Apple Valley Floors To Go, LLC
58414 2023 - April 2023 - April 2023 2nd Council
1233
314-000-000-594-21-60-01 Simon St. Improvements $467.58
Total 1233 $467.58
Total 58414 $467.58
Total Apple Valley Floors To Go, LLC $467.58
Apple Valley Pumping Service
58415 2023 - April 2023 - April 2023 2nd Council
CRO59119
Rental Fee
107-000-000-521-10-30-00 Supplies & Equipment $110.00
Total CRO59119 $110.00
Total 58415 $110.00
Total Apple Valley Pumping Service $110.00
ARC Architects, Inc.
58416 2023 - April 2023 - April 2023 2nd Council
0000000034
Public Works Building improvements
314-000-000-594-18-60-00 Maintenance Facilities Construction $8,375.55
Total 0000000034 $8,375.55
Total 58416 $8,375.55
Total ARC Architects, Inc.$8,375.55
Axon Enterprises, Inc.
58417 2023 - April 2023 - April 2023 2nd Council
INUS142792
001-000-145-514-20-40-35 Annual License Fee - Evidence.com $19,929.89
Total INUS142792 $19,929.89
Total 58417 $19,929.89
Total Axon Enterprises, Inc.$19,929.89
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
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Vendor Number Reference Account Number Description Amount
Ballard Services, Inc.
58418 2023 - April 2023 - April 2023 2nd Council
BA10030
001-000-210-521-10-41-00 Professional Services $100.00
Total BA10030 $100.00
BA10062
001-000-210-521-10-41-00 Professional Services $100.00
Total BA10062 $100.00
BA10691
001-000-210-521-10-41-00 Professional Services $100.00
Total BA10691 $100.00
BA10778
001-000-210-521-10-41-00 Professional Services $100.00
Total BA10778 $100.00
BA11081
001-000-210-521-10-41-00 Professional Services $100.00
Total BA11081 $100.00
BA11608
001-000-210-521-10-41-00 Professional Services $100.00
Total BA11608 $100.00
BA11747
001-000-210-521-10-41-00 Professional Services $100.00
Total BA11747 $100.00
BA11848
001-000-210-521-10-41-00 Professional Services $100.00
Total BA11848 $100.00
BA13222
001-000-210-521-10-41-00 Professional Services $100.00
Total BA13222 $100.00
BA7339
001-000-210-521-10-41-00 Professional Services $100.00
Total BA7339 $100.00
BA7492
001-000-210-521-10-41-00 Professional Services $100.00
Total BA7492 $100.00
BA7879
001-000-210-521-10-41-00 Professional Services $100.00
Total BA7879 $100.00
BA8120
001-000-210-521-10-41-00 Professional Services $100.00
Total BA8120 $100.00
BA8452
001-000-210-521-10-41-00 Professional Services $100.00
Total BA8452 $100.00
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
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Vendor Number Reference Account Number Description Amount
BA8467
001-000-210-521-10-41-00 Professional Services $100.00
Total BA8467 $100.00
BA8687
001-000-210-521-10-41-00 Professional Services $100.00
Total BA8687 $100.00
BA8853
001-000-210-521-10-41-00 Professional Services $100.00
Total BA8853 $100.00
BA9086
001-000-210-521-10-41-00 Professional Services $100.00
Total BA9086 $100.00
BA9228
001-000-210-521-10-41-00 Professional Services $100.00
Total BA9228 $100.00
BA9370
001-000-210-521-10-41-00 Professional Services $100.00
Total BA9370 $100.00
Total 58418 $2,000.00
Total Ballard Services, Inc.$2,000.00
Banner Bank
58419 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/5/2023 1:07:01 PM
02/2023-03/2023 CC statement
001-000-001-518-91-30-00 Wellness $21.64
Total Invoice - 4/5/2023 1:07:01 PM $21.64
Total 58419 $21.64
Total Banner Bank $21.64
Bi-Mart Corporation
58420 2023 - April 2023 - April 2023 2nd Council
439364200
Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $442.10
Total 439364200 $442.10
Total 58420 $442.10
Total Bi-Mart Corporation $442.10
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
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Vendor Number Reference Account Number Description Amount
Cascade Quality Water
58421 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/4/2023 8:59:35 AM
Water
001-000-001-518-91-30-00 Wellness $57.23
Total Invoice - 4/4/2023 8:59:35 AM $57.23
Total 58421 $57.23
Total Cascade Quality Water $57.23
Cdw Government, Inc
58422 2023 - April 2023 - April 2023 2nd Council
HL33330
Supplies
314-000-000-594-18-60-00 Maintenance Facilities Construction $155.61
Total HL33330 $155.61
HR07011
Supplies
314-000-000-594-18-60-00 Maintenance Facilities Construction $1,210.94
Total HR07011 $1,210.94
Total 58422 $1,366.55
Total Cdw Government, Inc $1,366.55
Chelan County Treasurer
58423 2023 - April 2023 - April 2023 2nd Council
010085-02266
1st Qrt court bed days
001-000-230-527-60-30-00 Juvenile Detention $4,625.00
Total 010085-02266 $4,625.00
150001-01810
04/2023 inmates
001-000-230-523-21-10-00 Housing & Monitoring Prisoners $41,921.48
Total 150001-01810 $41,921.48
Total 58423 $46,546.48
Total Chelan County Treasurer $46,546.48
Ci Support LLC, dba: Ci Information Management
58424 2023 - April 2023 - April 2023 2nd Council
0148955
Shred Services
001-000-120-594-12-60-00 Capital Outlay $30.75
Total 0148955 $30.75
Total 58424 $30.75
Total Ci Support LLC, dba: Ci Information Management $30.75
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
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Vendor Number Reference Account Number Description Amount
Cintas Corporation 607
58425 2023 - April 2023 - April 2023 2nd Council
4150776625
Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $287.17
101-000-430-543-30-30-00 Supplies - General Services $59.50
Total 4150776625 $346.67
4151483384
Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $16.63
101-000-430-543-30-30-00 Supplies - General Services $41.70
Total 4151483384 $58.33
Total 58425 $405.00
Total Cintas Corporation 607 $405.00
Classic One East
58426 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/7/2023 9:01:16 AM
Johnson, J services
001-000-210-521-10-49-02 Dry Cleaning Services $17.36
Total Invoice - 4/7/2023 9:01:16 AM $17.36
Invoice - 4/7/2023 9:01:34 AM
Hampton, E services
001-000-210-521-10-49-02 Dry Cleaning Services $33.48
Total Invoice - 4/7/2023 9:01:34 AM $33.48
Invoice - 4/7/2023 9:01:55 AM
Johnson, R services
001-000-210-521-10-49-02 Dry Cleaning Services $39.17
Total Invoice - 4/7/2023 9:01:55 AM $39.17
Total 58426 $90.01
Total Classic One East $90.01
DeVries Business Records Management Inc
58427 2023 - April 2023 - April 2023 2nd Council
0163788
Records Destruction
001-000-210-521-10-41-00 Professional Services $198.49
Total 0163788 $198.49
Total 58427 $198.49
Total DeVries Business Records Management Inc $198.49
Douglas County PUD
58428 2023 - April 2023 - April 2023 2nd Council
70 02/21/23 - 03/21/23
Utilities
001-000-180-518-30-47-01 Utilities - Simon St.$541.00
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
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Vendor Number Reference Account Number Description Amount
101-000-420-542-63-47-00 Utilities - Street Lighting $1,517.00
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $180.00
Total 70 02/21/23 - 03/21/23 $2,238.00
Total 58428 $2,238.00
Total Douglas County PUD $2,238.00
Douglas County Sheriff's Office
58429 2023 - April 2023 - April 2023 2nd Council
40323
Qrt 2 contract
001-000-210-521-10-41-00 Professional Services $11,191.59
Total 40323 $11,191.59
Total 58429 $11,191.59
Total Douglas County Sheriff's Office $11,191.59
East Wenatchee Water Disttrict
58430 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/5/2023 1:18:05 PM
000525-000
401-000-008-531-00-40-06 Utilities $54.00
Total Invoice - 4/5/2023 1:18:05 PM $54.00
Invoice - 4/5/2023 1:18:29 PM
031543-000
401-000-008-531-00-40-06 Utilities $42.00
Total Invoice - 4/5/2023 1:18:29 PM $42.00
Invoice - 4/5/2023 1:18:50 PM
030941-000
101-000-420-542-75-47-00 Utilities - City Parks $42.00
Total Invoice - 4/5/2023 1:18:50 PM $42.00
Invoice - 4/5/2023 1:19:05 PM
000520-000
101-000-420-542-75-47-00 Utilities - City Parks $54.00
Total Invoice - 4/5/2023 1:19:05 PM $54.00
Invoice - 4/5/2023 1:19:21 PM
000526-000
001-000-180-518-30-47-00 Utilities $48.90
112-000-000-572-50-47-00 Facilities - Utilities $48.90
Total Invoice - 4/5/2023 1:19:21 PM $97.80
Invoice - 4/5/2023 1:20:03 PM
022920-000
001-000-180-518-30-47-00 Utilities $43.90
Total Invoice - 4/5/2023 1:20:03 PM $43.90
Invoice - 4/5/2023 1:20:29 PM
036440-000
001-000-180-518-30-47-01 Utilities - Simon St.$184.60
Total Invoice - 4/5/2023 1:20:29 PM $184.60
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
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Vendor Number Reference Account Number Description Amount
Invoice - 4/5/2023 1:20:58 PM
000524-000
101-000-430-543-50-47-00 Utilities - Facilities $45.80
Total Invoice - 4/5/2023 1:20:58 PM $45.80
Total 58430 $564.10
Total East Wenatchee Water Disttrict $564.10
Erika Rodriguez
58431 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/7/2023 9:03:05 AM
Interpreting 03/22, 03/24, 03/27, 03/29, 03/31
001-000-120-512-51-40-04 Interpreting $720.00
Total Invoice - 4/7/2023 9:03:05 AM $720.00
Total 58431 $720.00
Total Erika Rodriguez $720.00
Fastenal Company
58432 2023 - April 2023 - April 2023 2nd Council
WAWEN258547
Supplies
101-000-420-542-30-30-00 Supplies - Roadway $51.31
Total WAWEN258547 $51.31
WAWEN258602
Supplies
501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $207.45
Total WAWEN258602 $207.45
WAWEN258672
Supplies
501-000-000-548-30-30-25 Street Vehicle Repair Supplies $123.52
Total WAWEN258672 $123.52
WAWEN258725
Supplies
101-000-420-542-69-30-00 Supplies - Flags/Banners $74.87
Total WAWEN258725 $74.87
WAWEN258935
Supplies
101-000-420-542-64-48-00 Repairs & Maintenance - Traffic Control Devices $102.59
Total WAWEN258935 $102.59
Total 58432 $559.74
Total Fastenal Company $559.74
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
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Vendor Number Reference Account Number Description Amount
First American Title Insurance Company (Accounts Receivable Department)
58433 2023 - April 2023 - April 2023 2nd Council
2229-444928351
ALTA Owner's Policy
301-000-000-595-20-60-03 ROW - SRTS - 5th St. Sterling $543.00
Total 2229-444928351 $543.00
Total 58433 $543.00
Total First American Title Insurance Company (Accounts Receivable Department)$543.00
First Net
58434 2023 - April 2023 - April 2023 2nd Council
287293799226X03132023
Telephone
001-000-210-521-10-42-01 Telephone $1,086.72
Total 287293799226X03132023 $1,086.72
Total 58434 $1,086.72
Total First Net $1,086.72
Graybeal Signs, Inc
58435 2023 - April 2023 - April 2023 2nd Council
42470
Name Plaque
001-000-110-511-60-31-00 Office Supplies $43.48
Total 42470 $43.48
Total 58435 $43.48
Total Graybeal Signs, Inc $43.48
Halme Builders Inc
58436 2023 - April 2023 - April 2023 2nd Council
825
Public Works Building
314-000-000-594-18-60-00 Maintenance Facilities Construction $611,099.13
Total 825 $611,099.13
Total 58436 $611,099.13
Total Halme Builders Inc $611,099.13
In-Print
58437 2023 - April 2023 - April 2023 2nd Council
5148
Business Cards
001-000-210-521-10-35-00 Small Tools & Equipment $785.54
Total 5148 $785.54
Total 58437 $785.54
Total In-Print $785.54
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
JDSA Law Firm
58438 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/6/2023 9:56:53 AM
03/2023 legal services
001-000-151-515-41-40-00 Legal Services $7,491.22
Total Invoice - 4/6/2023 9:56:53 AM $7,491.22
Total 58438 $7,491.22
Total JDSA Law Firm $7,491.22
Joshua Virnig
58439 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/6/2023 9:57:43 AM
Clothing Allowance Reimbursement
001-000-210-521-10-20-01 Clothing Allowance $196.79
Total Invoice - 4/6/2023 9:57:43 AM $196.79
Total 58439 $196.79
Total Joshua Virnig $196.79
Kelley Connect
58440 2023 - April 2023 - April 2023 2nd Council
33752741
Copy Machine Lease
001-000-120-591-12-70-00 Copy Machine Lease $339.70
Total 33752741 $339.70
Total 58440 $339.70
Total Kelley Connect $339.70
Kershaw's Office Supply and Furniture
58441 2023 - April 2023 - April 2023 2nd Council
270550-0
Furniture
314-000-000-594-21-60-01 Simon St. Improvements $8,602.67
Total 270550-0 $8,602.67
270638-0
Furniture
314-000-000-594-21-60-01 Simon St. Improvements $756.42
Total 270638-0 $756.42
270641-0
Furniture
314-000-000-594-21-60-01 Simon St. Improvements $17,563.00
Total 270641-0 $17,563.00
Total 58441 $26,922.09
Total Kershaw's Office Supply and Furniture $26,922.09
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 16 of 122
Vendor Number Reference Account Number Description Amount
Language Line Services, Inc
58442 2023 - April 2023 - April 2023 2nd Council
10972474
Interpretation over the phone
001-000-210-521-10-41-00 Professional Services $58.48
Total 10972474 $58.48
Total 58442 $58.48
Total Language Line Services, Inc $58.48
Localtel Communications
58443 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/12/2023 11:07:30 AM
Telephone
001-000-210-521-10-42-01 Telephone $440.08
Total Invoice - 4/12/2023 11:07:30 AM $440.08
Invoice - 4/6/2023 10:20:42 AM
Telephone 03/07/2023
001-000-141-514-20-42-01 Telephone Line Charges $432.80
Total Invoice - 4/6/2023 10:20:42 AM $432.80
Total 58443 $872.88
Total Localtel Communications $872.88
Master Gardener Foundation of Chelan County
58444 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/11/2023 10:21:09 AM
Q1 2023 japanese garden
101-000-420-542-80-48-00 Japanese Garden Agreement $3,000.00
Total Invoice - 4/11/2023 10:21:09 AM $3,000.00
Total 58444 $3,000.00
Total Master Gardener Foundation of Chelan County $3,000.00
Moon Security
58445 2023 - April 2023 - April 2023 2nd Council
1181197
001-000-210-521-10-41-00 Professional Services $71.54
Total 1181197 $71.54
1181198
001-000-210-521-10-41-00 Professional Services $71.54
Total 1181198 $71.54
Total 58445 $143.08
Total Moon Security $143.08
Numerica Credit Union
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 17 of 122
Vendor Number Reference Account Number Description Amount
58410 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/11/2023 10:25:09 AM
03/2023 statement
001-000-001-518-91-30-00 Wellness $169.77
001-000-110-511-60-31-00 Office Supplies $42.59
001-000-120-512-51-30-00 Supplies $56.82
Amazon
001-000-139-518-10-30-00 Office Supplies $54.08
001-000-139-518-10-40-00 Training $425.00
001-000-139-518-10-40-07 Pre-Employment Services $11.05
Embark
001-000-140-514-20-31-01 Central Stores $78.12
001-000-140-514-20-31-01 Central Stores $1,287.68
001-000-140-514-20-43-00 Travel $527.08
001-000-145-514-20-30-01 Non-Capital - PC Software Admin $60.00
001-000-145-514-20-30-01 Non-Capital - PC Software Admin $26.66
001-000-145-514-20-30-01 Non-Capital - PC Software Admin $326.47
001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $624.23
001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $148.15
001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $170.66
001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $213.75
001-000-145-514-20-31-00 Supplies $24.99
001-000-145-514-20-31-00 Supplies $16.50
001-000-145-514-20-31-00 Supplies $21.68
001-000-145-514-20-31-00 Supplies $17.35
001-000-145-514-20-31-00 Supplies $47.00
001-000-145-594-14-60-20 Capital - PC Software Admin $1,757.70
001-000-180-518-30-31-06 Cleaning & Sanitation Supplies $83.80
001-000-180-518-30-31-07 Cleaning Supplies - Simon St.$61.49
001-000-180-518-30-31-07 Cleaning Supplies - Simon St.$67.64
001-000-180-518-30-48-00 Repairs & Maintenance $34.76
001-000-180-518-30-49-00 Miscellaneous $105.00
Bob's Classic
001-000-180-518-30-49-00 Miscellaneous $85.00
Java Dog
001-000-180-518-30-49-00 Miscellaneous $32.45
Haglund's Trophies
001-000-180-518-30-49-00 Miscellaneous ($500.00)
001-000-210-521-10-31-00 Office Supplies $106.06
001-000-210-521-10-31-00 Office Supplies $55.97
001-000-210-521-10-31-00 Office Supplies $48.78
001-000-210-521-10-32-00 Fuel Consumed $66.83
001-000-210-521-10-32-00 Fuel Consumed $61.15
001-000-210-521-10-35-00 Small Tools & Equipment $173.04
001-000-210-521-10-35-00 Small Tools & Equipment $12.60
001-000-210-521-10-35-00 Small Tools & Equipment $152.31
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 18 of 122
Vendor Number Reference Account Number Description Amount
001-000-210-521-10-35-00 Small Tools & Equipment $437.26
Sirchie
001-000-210-521-10-35-00 Small Tools & Equipment $26.02
001-000-210-521-10-35-00 Small Tools & Equipment $67.50
Amazon
001-000-210-521-10-41-00 Professional Services $100.00
001-000-210-521-10-41-00 Professional Services $9.99
Browning Strike
001-000-210-521-10-41-00 Professional Services $12.99
Canva
001-000-210-521-10-48-00 Repairs & Maintenance $262.62
001-000-210-521-10-49-00 Miscellaneous $13.34
001-000-210-521-10-49-00 Miscellaneous $22.46
001-000-210-521-10-49-00 Miscellaneous $20.67
001-000-210-521-10-49-00 Miscellaneous $103.60
001-000-210-521-10-49-00 Miscellaneous $8.99
001-000-210-521-40-40-01 Training - Officers $440.00
001-000-580-558-60-40-01 Dues & Subscriptions $668.00
101-000-420-542-61-30-00 Supplies - Sidewalks $43.46
101-000-420-542-64-30-00 Supplies - Traffic Control Devices $1,338.79
101-000-420-542-64-48-00 Repairs & Maintenance - Traffic Control Devices $75.87
Home Depot
101-000-430-543-30-30-00 Supplies - General Services $31.36
101-000-430-544-90-49-01 Training $52.25
107-000-000-521-10-30-00 Supplies & Equipment $542.48
117-000-115-557-30-31-05 Office Supplies $10.85
117-000-300-557-30-44-12 CC - Advertising $16.90
117-000-300-557-30-44-12 CC - Advertising $50.00
117-000-300-557-30-44-12 CC - Advertising $41.24
117-000-300-557-30-44-12 CC - Advertising $35.00
117-000-300-557-30-44-12 CC - Advertising $35.00
314-000-000-594-21-60-01 Simon St. Improvements $543.49
314-000-000-594-21-60-01 Simon St. Improvements $44.58
314-000-000-594-21-60-01 Simon St. Improvements $434.79
314-000-000-594-21-60-01 Simon St. Improvements $61.78
Amazon
314-000-000-594-21-60-01 Simon St. Improvements $75.00
314-000-000-594-21-60-01 Simon St. Improvements $6.50
314-000-000-594-21-60-01 Simon St. Improvements $879.34
314-000-000-594-21-60-01 Simon St. Improvements $89.64
314-000-000-594-21-60-01 Simon St. Improvements ($75.00)
314-000-000-594-21-60-01 Simon St. Improvements $747.57
314-000-000-594-21-60-01 Simon St. Improvements $60.41
314-000-000-594-21-60-01 Simon St. Improvements $64.96
314-000-000-594-21-60-01 Simon St. Improvements $5.41
314-000-000-594-21-60-01 Simon St. Improvements $9.75
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 19 of 122
Vendor Number Reference Account Number Description Amount
314-000-000-594-21-60-01 Simon St. Improvements $412.29
314-000-000-594-21-60-01 Simon St. Improvements $5.41
Amazon
314-000-000-594-21-60-01 Simon St. Improvements $19.17
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $438.21
Columbia River Steel
501-000-000-548-30-48-30 Street Equipment Repairs $18.78
Total Invoice - 4/11/2023 10:25:09 AM $15,062.93
Total 58410 $15,062.93
Total Numerica Credit Union $15,062.93
Office Depot Credit Plan
58446 2023 - April 2023 - April 2023 2nd Council
303211687001
Supplies
001-000-120-512-51-30-00 Supplies $65.95
Total 303211687001 $65.95
Total 58446 $65.95
Total Office Depot Credit Plan $65.95
OneBridge Benefits
58447 2023 - April 2023 - April 2023 2nd Council
INV-1640
FSA admin fee
001-000-142-514-20-40-01 FSA Administrative Fee $50.00
Total INV-1640 $50.00
Total 58447 $50.00
Total OneBridge Benefits $50.00
O'Reilly
58448 2023 - April 2023 - April 2023 2nd Council
2521-354738
Supplies
501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $25.64
Total 2521-354738 $25.64
2521-354849
Supplies
501-000-000-548-30-48-30 Street Equipment Repairs $15.67
Total 2521-354849 $15.67
2521-354964
Supplies
501-000-000-548-30-30-25 Street Vehicle Repair Supplies $10.57
Total 2521-354964 $10.57
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 20 of 122
Vendor Number Reference Account Number Description Amount
2521-355070
Supplies
501-000-000-548-30-30-25 Street Vehicle Repair Supplies $69.84
Total 2521-355070 $69.84
2521-355227
Supplies
501-000-000-548-30-30-25 Street Vehicle Repair Supplies $51.52
Total 2521-355227 $51.52
Total 58448 $173.24
Total O'Reilly $173.24
Public Safety Testing
58449 2023 - April 2023 - April 2023 2nd Council
2023-219
01/2023 - 03/2023 sub fees
001-000-210-521-10-41-00 Professional Services $444.00
Total 2023-219 $444.00
Total 58449 $444.00
Total Public Safety Testing $444.00
Randy's Auto Parts & Towing
58450 2023 - April 2023 - April 2023 2nd Council
17344
Towing Services
001-000-210-521-10-41-00 Professional Services $194.94
Total 17344 $194.94
17408
Towing Services
001-000-210-521-10-41-00 Professional Services $194.94
Total 17408 $194.94
17426
Towing Services
001-000-210-521-10-41-00 Professional Services $194.94
Total 17426 $194.94
17427
Towing Services
001-000-210-521-10-41-00 Professional Services $194.94
Total 17427 $194.94
Total 58450 $779.76
Total Randy's Auto Parts & Towing $779.76
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 21 of 122
Vendor Number Reference Account Number Description Amount
Rhett Carpenter dba: Safety, Health, & Environmental Services LLC
58451 2023 - April 2023 - April 2023 2nd Council
2897
BBP Certification
101-000-430-544-90-49-01 Training $850.00
Total 2897 $850.00
Total 58451 $850.00
Total Rhett Carpenter dba: Safety, Health, & Environmental Services LLC $850.00
Rivercom
58452 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/5/2023 8:44:56 AM
04/2023 contributions
001-000-001-528-70-40-00 River Com $14,670.17
Total Invoice - 4/5/2023 8:44:56 AM $14,670.17
Total 58452 $14,670.17
Total Rivercom $14,670.17
S&W Irrigation Supply
58453 2023 - April 2023 - April 2023 2nd Council
545885
Supplies
101-000-420-542-75-30-00 Supplies - City Parks $52.44
Total 545885 $52.44
84740
Supplies
101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $3,289.90
Total 84740 $3,289.90
Total 58453 $3,342.34
Total S&W Irrigation Supply $3,342.34
Sherwin-Williams
58454 2023 - April 2023 - April 2023 2nd Council
9293-2
Supplies
001-000-180-518-30-35-00 Small Tools & Equipment $88.42
Total 9293-2 $88.42
Total 58454 $88.42
Total Sherwin-Williams $88.42
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 22 of 122
Vendor Number Reference Account Number Description Amount
Smarsh, Inc.
58455 2023 - April 2023 - April 2023 2nd Council
INV-89366
001-000-145-514-20-40-51 Annual License - Electronic Archive (Smarsh &
Archive Social)
$4,670.22
Total INV-89366 $4,670.22
Total 58455 $4,670.22
Total Smarsh, Inc.$4,670.22
SolarWinds World Wide, LLC
58456 2023 - April 2023 - April 2023 2nd Council
IN597627
Annual Sub Renewal
001-000-145-514-20-30-01 Non-Capital - PC Software Admin $585.90
Total IN597627 $585.90
Total 58456 $585.90
Total SolarWinds World Wide, LLC $585.90
SymbolArts LLC
58457 2023 - April 2023 - April 2023 2nd Council
0458849
Badges
001-000-210-521-10-35-00 Small Tools & Equipment $271.25
Total 0458849 $271.25
Total 58457 $271.25
Total SymbolArts LLC $271.25
Tammy M Patterson
58458 2023 - April 2023 - April 2023 2nd Council
00023
04/2023 civil services
001-000-160-521-10-10-00 Salaries $425.00
Total 00023 $425.00
Total 58458 $425.00
Total Tammy M Patterson $425.00
The Wenatchee World
58459 2023 - April 2023 - April 2023 2nd Council
608976
Advertising
117-000-100-557-30-25-00 Marketing - Regional Tourism $171.75
117-000-300-557-30-44-12 CC - Advertising $171.75
117-000-500-557-30-44-01 Christmas - Advertising $171.75
117-000-620-557-30-40-01 PFOF Advertising $171.75
Total 608976 $687.00
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 23 of 122
Vendor Number Reference Account Number Description Amount
621633
Advertising
001-000-139-518-10-40-03 Advertising $298.46
Total 621633 $298.46
Total 58459 $985.46
Total The Wenatchee World $985.46
Valley Tractor And
58460 2023 - April 2023 - April 2023 2nd Council
C930496
Supplies
401-000-008-531-00-30-05 Supplies - NPDES PPGH $17.62
Total C930496 $17.62
Total 58460 $17.62
Total Valley Tractor And $17.62
Verizon Wireless
58461 2023 - April 2023 - April 2023 2nd Council
9931636479
03/2023 telephone
001-000-111-513-10-40-03 Cell Phone $41.87
001-000-140-514-20-42-01 Telephone $52.23
001-000-145-514-20-42-00 Cell Phone $61.97
101-000-430-543-50-42-01 Cell Phone $51.97
117-000-100-557-30-42-00 Cell Phone $51.97
401-000-001-531-00-40-00 Cell Phone $51.97
401-000-001-531-00-40-00 Cell Phone $52.23
Total 9931636479 $364.21
Total 58461 $364.21
Total Verizon Wireless $364.21
Washington State Department of Licensing
58462 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/12/2023 1:17:12 PM
CPL'S
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003037
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003048
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003033
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003042
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003047
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 24 of 122
Vendor Number Reference Account Number Description Amount
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003038
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003045
635-000-000-589-30-00-03 Gun Permit State Remittance $21.00
EWP003039
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003041
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003036
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003034
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003030
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003049
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003035
Total Invoice - 4/12/2023 1:17:12 PM $255.00
Total 58462 $255.00
Total Washington State Department of Licensing $255.00
Washington State Department of Transportation
58463 2023 - April 2023 - April 2023 2nd Council
RE-313-ATB30117076
401-000-012-594-31-60-05 Small Improvements Projects $5,451.97
Total RE-313-ATB30117076 $5,451.97
Total 58463 $5,451.97
Total Washington State Department of Transportation $5,451.97
Washington State Patrol
58464 2023 - April 2023 - April 2023 2nd Council
I23005233
CPLS
635-000-000-589-30-00-03 Gun Permit State Remittance $172.25
Total I23005233 $172.25
Total 58464 $172.25
Total Washington State Patrol $172.25
Wenatchee Sand & Gravel Inc
58465 2023 - April 2023 - April 2023 2nd Council
3567470
Supplies
101-000-420-542-61-48-00 Repairs & Maintenance - Sidewalks $33.15
Total 3567470 $33.15
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 25 of 122
Vendor Number Reference Account Number Description Amount
3568088
Supplies
101-000-420-542-30-30-00 Supplies - Roadway $160.55
Total 3568088 $160.55
Total 58465 $193.70
Total Wenatchee Sand & Gravel Inc $193.70
Wenatchee Valley Chamber
58466 2023 - April 2023 - April 2023 2nd Council
1005
Community Trends Projects
001-000-001-558-70-41-05 NCWEDD Chelan/Douglas Trends $1,600.00
Total 1005 $1,600.00
Total 58466 $1,600.00
Total Wenatchee Valley Chamber $1,600.00
Woods, Brangwin, & Bratton, PLLC
58467 2023 - April 2023 - April 2023 2nd Council
Invoice - 4/6/2023 8:36:16 AM
PDC
001-000-110-511-60-30-00 Public Defender Conflicts $261.00
Total Invoice - 4/6/2023 8:36:16 AM $261.00
Total 58467 $261.00
Total Woods, Brangwin, & Bratton, PLLC $261.00
Xerox Corporation
58468 2023 - April 2023 - April 2023 2nd Council
018583358
Copy Machine Lease
001-000-120-591-12-70-00 Copy Machine Lease $281.96
Total 018583358 $281.96
Total 58468 $281.96
Total Xerox Corporation $281.96
Ziply Fiber
58469 2023 - April 2023 - April 2023 2nd Council
Invoice - 3/30/2023 2:12:18 PM
Utilities
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $136.74
Total Invoice - 3/30/2023 2:12:18 PM $136.74
Invoice - 4/12/2023 11:11:33 AM
509-884-5447 - 062597-5
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $63.01
Total Invoice - 4/12/2023 11:11:33 AM $63.01
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East Wenatchee - Voucher Directory
04-18-2023 City Council Agenda Packet
Page 26 of 122
Vendor Number Reference Account Number Description Amount
Invoice - 4/12/2023 11:12:03 AM
509-884-5308-041394-5
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $144.52
Total Invoice - 4/12/2023 11:12:03 AM $144.52
Invoice - 4/12/2023 11:12:25 AM
509-884-5236-041394-5
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $136.48
Total Invoice - 4/12/2023 11:12:25 AM $136.48
Invoice - 4/12/2023 11:12:37 AM
506-884-3132-110891-5
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $126.48
Total Invoice - 4/12/2023 11:12:37 AM $126.48
Total 58469 $607.23
Total Ziply Fiber $607.23
Grand Total Vendor Count 60 $808,622.90
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
04-04-2023 City Council Meeting Minutes Page 1 of 3
East Wenatchee City Council Meeting
Tuesday, April 04, 2023
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Jerrilea Crawford Sean Lewis, Assistant City Attorney
Councilmember Harry Raab Curtis Lillquist, Community Development Director
Councilmember Sasha Sleiman Garren Melton, Public Works Manager
Councilmember Shayne Magdoff Trina Elmes, Events Director / PIO
Councilmember Christine Johnson Mary Beth Phillips, Court Administrator
Councilmember Matthew Hepner (Zoom) Laura Leon, City Clerk
6:00 p.m. Regular Meeting.
1. Call to Order, Roll Call and Pledge of Allegiance.
a. Motion by Councilmember Johnson to excuse Councilmember Tidd from the
meeting. Councilmember Sleiman seconded the motion. Motion carried (5-0).
b. Motion by Councilmember Sleiman to excuse Councilmember Sterk from the
meeting. Councilmember Magdoff seconded the motion. Motion carried (5-0).
2. Consent Items:
Vouchers:
a. Date: 04-04-2023, Checks: 58355-58406, in the amount of $171,239.08
Minutes:
b. 03-16-23 Council Workshop Minutes
c. 03-21-23 Council Meeting Minutes
Motion by Councilmember Sleiman to approve consent items. Councilmember Hepner
seconded the motion. Motion Carried (5-0).
3. Citizen Requests/Comments. None.
4. Presentations.
a. Link Transit’s CEO, Richard DeRock, gave a PowerPoint presentation that provided
an overview of the agency for 2022, a recap on “Vision 2020” (Link Transit’s 2019
Proposition 1), and shared the plans to continue Vehicle Electrification moving
forward.
04-18-2023 City Council Agenda Packet
Page 44 of 122
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
04-04-2023 City Council Meeting Minutes Page 2 of 3
5. Action Items.
a. Assistant City Attorney Sean Lewis presented Ordinance 2023-07, amending Chapter
2.04 of the East Wenatchee Municipal Code (EWMC) changing the City council
meeting dates and times, containing a severability clause, and establishing an
effective date.
Comments provided by Councilmember Johnson.
Action item failed due to lack of motion.
b. Assistant City Attorney Sean Lewis presented Resolution 2023-21, changing Chapter
2.1 of the East Wenatchee City Council Rules of Procedure to reflect either or both a
new time and a new date of City Council Meetings.
Action item failed due to lack of motion for Ordinance 2023-07.
c. Public Works Manager Garren Melton presented Resolution 2023-22, an Interlocal
Agreement between the City of East Wenatchee and Link Transit for Intersection
Improvements and Park and Ride Upgrades at 3rd Street SE & Rock Island Road (City
Project #: 2021-11).
Motion by Councilmember Sleiman to approve Resolution 2023-22 authorizing the
Mayor to enter an Interlocal Agreement with Link Transit for Sidewalk, Access, and
Utility Easement(s) associated with the 3rd St SE & Rock Island Road Intersection
Improvements and Park and Ride Upgrades. Councilmember Johnson seconded the
motion. Motion Carried (5-0).
d. Public Works Manager Garren Melton presented Resolution 2023-23, 9th Street NE
and Valley Mall Parkway Intersection Improvements Change Order #2 for Project
2019-07.
Comments provided by Councilmember Magdoff.
Motion by Councilmember Magdoff to approve Resolution 2023-23 authorizing the
Mayor to execute a change order between the City of East Wenatchee and Selland
Construction Inc. for the 9th St NE and Valley Mall Parkway Intersection
Improvements Project. Councilmember Raab seconded the motion.
Motion carried (5-0).
6. Mayor’s Report.
a. Mayor Crawford shared information on the Household Hazardous Waste Collection
Event sponsored by the Department of Ecology and Douglas County Solid Waste
Programs being held on April 15, 2023 from 8am to 2pm at 110 2nd Street NE in East
Wenatchee.
04-18-2023 City Council Agenda Packet
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
04-04-2023 City Council Meeting Minutes Page 3 of 3
7. Council Reports & Announcements.
a. Councilmember Magdoff, City representative for the Housing Authority of Chelan
County and the City of Wenatchee, provided an update of the appointment of new
Board Commissioners by local government representatives.
8. Adjournment. With no further business, the meeting adjourned at 6:52 p.m.
Jerrilea Crawford, Mayor
Attest:
Anna Laura Leon, City Clerk
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04-18-2023 City Council Agenda Packet
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STAND AGAINST RACISM, 2023
P R O C L A M A T I O N
WHEREAS, all residents regardless of race, creed, or ethnicity deserve to be treated with
dignity, respect, compassion, and justice; and
WHEREAS, East Wenatchee, WA residents value initiatives that will end race-based disparities
and make the world a more equitable, inclusive, and dignified place for all to live; and
WHEREAS, the elimination of racism can be achieved only with the participation of all
residents in dialogue, reflection, and action; and
WHEREAS, the City of East Wenatchee of Washington supports YWCA NCW in its praiseworthy
mission to eliminate racism, empower women, stand up for social justice, help families, and
strengthen communities; and
WHEREAS, the City of East Wenatchee proudly supports the Wenatchee Valley College and
YWCA NCW in celebration of Stand Against Racism, to build community among those who
work for racial justice and to raise awareness about the negative impact of institutional and
structural racism in our communities.
BE IT RESOLVED, that the City of East Wenatchee of Washington hereby declares April 27,
2023 as YWCA Stand Against Racism Day and encourages residents, local businesses,
educators, and community and faith-based organizations to celebrate diversity and advocate
for the elimination of racism.
BE IT FURTHER RESOLVED, that April 28 – April 30, 2023 is declared as YWCA Stand Against
Racism Weekend.
Signed this 18th day of April, 2023. Mayor Jerrilea Crawford City of East Wenatchee
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Arbor Day, 2023 P R O C L A M A T I O N
Whereas, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and
Whereas, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and
Whereas, Arbor Day is now observed throughout the nation and the world, and
Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and
Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and
Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and
Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal.
Whereas, in celebration of Arbor Day, the distribution of seedlings will occur on Saturday, April 22nd at East Wenatchee City Hall.
Now, therefore, I, Jerrilea Crawford, Mayor of East Wenatchee, hereby proclaim that April 28, 2023 as ARBOR DAY in the City of East Wenatchee, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our community forestry resources, and further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations.
Mayor Jerrilea Crawford City of East Wenatchee
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CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor Crawford and Council.
From/Presenter: Sean P. Lewis, Assistant City Attorney
Subject: Ordinance 2023-08- An Ordinance of the City of East Wenatchee deleting
Section 2.36.010 of the East Wenatchee Municipal Code (EWMC) to match the
current City of East Wenatchee Personnel Manual
Date: April 18, 2023
I. Summary Title: An Ordinance of the City of East Wenatchee deleting Section
2.36.010 of the East Wenatchee Municipal Code (EWMC) to match the current City
of East Wenatchee Personnel Manual, containing a severability clause, and
establishing an effective date.
II. Background/History: Section 2.36.010 of the East Wenatchee Municipal Code
(EWMC) presently defines a shared (sick) leave program which allows employees to
donate a portion of their accrued sick leave to another employee under certain
conditions.
A prior version of the City of East Wenatchee Personnel Manual referenced a
shared leave policy of EWMC Section 2.36.010. The current version of the City of
East Wenatchee Personnel Manual does not have a shared leave provision, and this
Ordinance is proposed in an effort for the city code to become more consistent with
current policies of the city.
III. Recommended Action: Motion to approve Ordinance 2023-08 deleting Section
2.36.010 of the East Wenatchee Municipal Code (EWMC) in its entirety as reflected
in Exhibit A.
IV. Exhibits:
Ordinance 2023-08 and Exhibit A
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City of East Wenatchee Ordinance 2023-08 and Exhibit A Page 1 of 3
City of East Wenatchee, Washington
Ordinance No. 2023-08
An Ordinance of the City of East Wenatchee deleting Section 2.36.010 of the East Wenatchee Municipal Code (EWMC) in its entirety, containing a severability clause, and establishing an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que elimina la Sección 2.36.010 del Código Municipal de East Wenatchee (EWMC) en su totalidad, que contiene una cláusula de separación y establece una fecha de vigencia.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la administradora municipal 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. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
4. Purpose. The purpose of this ordinance is to delete Section 2.36.010 of the East Wenatchee Municipal Code (EWMC) in its entirety.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
5. Action. The City Council deletes Section 2.36.010 of the East Wenatchee Municipal Code (EWMC) in its entirety as set forth in Exhibit A.
6. Findings of Fact. The City Council adopts as its findings of fact the recitals set forth above.
7. Repeal. The City Council repeals those provisions of any ordinance that are in conflict with the language of this Ordinance.
8. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance.
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City of East Wenatchee
Ordinance 2023-08 and Exhibit A
Page 2 of 3
8. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance.
9. Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City’s
website.
10. Effective Date. This Ordinance becomes effective five days following publication.
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:
_____________________________________
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: __________
Published: __________
Effective Date: __________
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City of East Wenatchee
Ordinance 2023-08 and Exhibit A
Page 3 of 3
Summary of Ordinance No. 2023-08
Of the City of East Wenatchee, Washington
On the __________ day of ______________________________, 2023, the City Council of
the City of East Wenatchee, Washington approved Ordinance No. 2023-08, the main
point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee deleting Section 2.36.010
of the East Wenatchee Municipal Code (EWMC) in its entirety,
containing a severability clause, and establishing an effective date.
The full text of this Ordinance is available at www.eastwenatcheewa.gov.
Dated this __________ day of ________________________________, 2023.
_____________________________
Anna Laura Leon, City Clerk
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The East Wenatchee Municipal Code is current through Ordinance 23-04, passed February 7, 2023.
EXHIBIT A
2.36.010 Shared leave.
A. The purpose of shared leave is to permit city employees, at no additional cost to the city, other than the
administrative costs of administering the program, to come to the aid of a fellow city employee who is suffering
from or has an immediate family member suffering from an extraordinary, severe or extended illness, injury,
impairment, or physical or mental condition, or for maternity purposes, which condition has caused or is likely to
cause the employee to take leave without pay or to terminate his or her employment.
B. The mayor may permit an employee to receive shared leave under this section if:
1. The employee needs to take maternity leave or suffers, or has an immediate family member suffering from,
an illness, injury, impairment, or physical or mental condition which is of an extraordinary, severe or extended
nature, and which maternity leave or other condition has caused, or is likely to cause, the employee to go on
leave without pay status or to terminate his or her employment with the city; and
2. The employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave,
compensatory time, holiday time, and/or other paid leave; and
3. Prior to the use of shared leave, the employee has abided by the city’s sick leave policy; and
4. If applicable, the employee has diligently pursued and is found to be ineligible for state industrial insurance
benefits; and
5. The use of shared leave will not significantly increase the city’s costs, except for those costs which would
otherwise be incurred in the administration of this program or which would otherwise be incurred by the
employee’s department.
C. The mayor will determine the amount of shared leave, if any, which an employee may receive under this shared
leave program. The employee may be required, at the city’s discretion, to provide appropriate medical or other
justification and documentation for the necessity for the leave and the time which the employee can reasonably be
expected to be absent from work. An employee shall not receive more than 500 hours annually of shared leave. To
the extent possible, shared leave shall be used on a consecutive day basis.
D. Employees may request the mayor to approve the transfer of a specified amount of accrued sick leave to an
employee who is authorized to receive shared leave as provided herein.
1. To be eligible to donate sick leave, an employee must have a total of more than 100 hours of accrued sick
leave available for the employee’s own use.
2. Employees with less than 100 hours of accrued sick leave or whose proposed donation would result in the
employee having less than 100 hours of accrued sick leave may not donate any of the employee’s accrued sick
leave to this shared leave program.
City of East Wenatchee
ORD 2023-08 Exh. A
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The East Wenatchee Municipal Code is current through Ordinance 23-04, passed February 7, 2023.
3. In no event shall a transfer of leave be approved which would result in an employee reducing his or her total
accrued sick leave to less than 100 hours.
4. Transfers of an employee’s accrued sick leave shall be in four-hour increments.
E. All donations of accrued sick leave shall be voluntary. The city shall not transfer sick leave from one employee to
another employee in excess of the amount specified in the request.
F. While an employee is on shared leave, he or she will continue to be classified as a city employee and shall receive
the same treatment, in respect to wage and benefits, as the employee would otherwise receive if using his/her own
accrued sick leave.
1. All wage and benefit payments made to the employee on shared leave shall be made by the department
employing the person using the shared leave.
2. The employee’s wage rate shall not change as a result of being on shared leave nor, under any circumstances,
shall the total of the employee’s wage and other benefits including, but not limited to, state industrial insurance
or any other benefits received as a result of payments by the city to an insurer, health care provider, or pension
system, exceed the total of wage and benefits which the employee would have received had he or she been in a
regular pay status.
G. The city treasurer shall be responsible for adjusting the accrued sick leave balances to show the transferred leave.
The city treasurer shall maintain all records of all leave time transferred in the event any unused time is returned at a
later date.
H. The mayor shall determine when shared leave is no longer needed. To the extent administratively feasible,
unused sick leave may be returned to the donor employees on a pro rata basis.
I. The mayor shall monitor the use of shared leave to ensure consistent and nondiscriminatory treatment for all
employees of the city. Inappropriate use or treatment of the shared leave program may result in the cancellation of
the donated leave or use of shared leave.
J. The city, in its sole discretion, may cancel this program; provided, however, if the city decides to terminate this
program, the city will provide any affected bargaining unit with 30 calendar days’ notice of the city’s intent to
terminate the program. (Ord. 11-01 § 3, 2011; Ord. 99-2 § 1, 1999. Formerly 2.36.090)
City of East Wenatchee
ORD 2023-08 Exh. A
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East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Resolution 2023-24: City of East Wenatchee Right of Way Procedure Update
Date: April 18, 2023
I. Summary Title:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
approve the proposed changes to the City’s Right of Way procedures.
II. Background/History:
The City of East Wenatchee is required to have a Right of Way acquisition procedure
approved and on file with WSDOT before it can use federal funds to acquire Right of
Way. Any right of way acquired with City funds that will be used for a federally
funded project also must follow these procedures. The City’s current procedures are
inefficient and could result in project delays. Proposed changes to the Right of Way
procedures include:
- Allow the Mayor to authorize administrative settlements up to $50,000. Current
policy requires Council approval on all administrative settlements.
- Allow the Public Works Manager or the Mayor to authorize Administrative Offer
Summaries (AOS). AOS’s are the City’s initial offer to property owners based on
the City’s ROW consultant’s opinion of the value. Current policy only authorizes
the Mayor to do so.
- Establish a minimum offer amount of $250. This incentivizes owners of small
acquisitions to move through the process efficiently. Current policy does not
specify a minimum offer amount. This could lead to delays if the City ever needed
to acquire a small amount of ROW.
III. Recommended Action:
Approve Resolution 2023-24 authorizing the Mayor to approve the proposed
changes to the City’s Right of Way procedures.
IV. Exhibits:
Resolution 2023-24
City of
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Page 56 of 122
City of East Wenatchee Resolution 2023-24 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. 2023-24
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to approve the proposed changes to the City’s Right of Way
Procedures
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@eastwenatchee wa.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 update to the City’s Right of Way procedures 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.
Exhibit A
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City of East Wenatchee Resolution 2023-24 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: __________
Exhibit A
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LPA-001
Rev. 1/2023
Right of Way Procedures
The City of East Wenatchee (Agency), needing to acquire real property (obtain an interest in and/or possession
of) in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act and
applicable federal regulations (49 CFR Part 24) and state law (Ch. 8.26 RCW), and state regulations (Ch. 468-
100 WAC) hereby adopts the following procedures to adhere to all applicable laws, statutes, and regulations.
The Agency is responsible for the real property acquisition and relocation activities on projects administered by
the Agency and must acquire right of way (ROW) in accordance with the policies set forth in the Washington
State Department of Transportation Right of Way Manual M 26-01 and Local Agency Guidelines (LAG).
Below is a list of Agency staff, by names and position titles, that are qualified to perform specific ROW
functions. Attached to these procedures are resumes for everyone listed within these procedures, which provides
a summary of their qualifications. The procedures shall be updated whenever staffing changes occur.
1. The Agency has the staff with the knowledge and experience to accomplish the following ROW
Disciplines:
i. PROGRAM ADMINISTRATION:
Oversee delivery of the ROW Program on federal aid projects for the Agency. Ensures ROW
functions are carried out in compliance with federal and state laws, regulations, policies, and
procedures.
Responsibilities/Expectations:
• Ensures Agency’s approved ROW Procedures are current, including staff qualifications,
and provides copies to consultants and Agency staff;
• Oversight of ROW consultants;
o use of consultant contract approved by WSDOT
o management of ROW contracts
o management of ROW files
o reviews and approves actions and decisions recommended by staff & consultants
o Overall responsibility for decisions that are outside the purview of consultant
functions
• Sets Just Compensation prior to offers being made;
• Oversight and approval of Administrative Offer Summaries (AOS) per policy;
• Oversight and approval of Administrative Settlements per policy;
• Ensure Agency has a relocation appeal process prior to starting relocation activities;
• Obligation authority for their Agency;
• Obtain permits (Non-Uniform Relocation Act (URA));
• Ensures there is a separation of functions to avoid conflicts of interest.
• Verifies whether ROW is needed, and that the property rights and/or interests needed are
sufficient to construct, operate and maintain the proposed projects (see LAG Appendix
25.174, 25.175, & 25.176).
Garren Melton, Public Works Manager
Note: Staff included under Program Administration must have completed the eLearning
Administrative Settlement and No ROW Verification training available at
https://wsdot.wa.gov/business-wsdot/support-local-programs/local-programs-training/right-way-
training-education
Exhibit A
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LPA-001
Rev. 1/2023
ii. APPRAISAL
Prepare and deliver appraisals on federal aid projects for the Agency. Ensures that appraisals are
consistent and in compliance with state and federal laws, regulations, policies, and procedures.
Responsibilities/Expectations:
• Use only qualified agency staff approved by WSDOT to perform appraisal work;
• Use Appraiser from WSDOT’s Approved Consultant List if Agency does not have
qualified staff;
• Prepare ROW Funding Estimate (not required to be completed by an appraiser & only
when there are federal funds in the ROW Phase);
• Prepare AOS;
• Obtain specialist reports;
• Coordinate with engineering, program administration, acquisition, relocation, and/or
property management as necessary.
Contract with a Qualified Consultant
iii. APPRAISAL REVIEW:
Review appraisals on federal aid projects for the Agency to make sure they are adequate,
reliable, have reasonable supporting data, and approve appraisal reports. Ensures appraisals are
adequately supported and represent fair market value and applicable costs to cure and are
completed in compliance with state and federal laws, regulations, policies, and procedures.
Responsibilities/Expectations:
• Use only qualified agency staff approved by WSDOT to perform appraisal review work;
• Use review appraiser from WSDOT’s Approved Consultant List if agency does not have
qualified staff;
• Ensures project wide consistency in approaches to value, use of market data, and costs to
cure;
• Coordinate with engineering, program administration, acquisition, relocation, and/or
property management as necessary.
Contract with a Qualified Consultant
iv. ACQUISITION:
Acquire, through negotiation with property owners, real property, or real property interests
(rights) on federal aid projects for the Agency. Ensures acquisitions are completed in compliance
with federal and state laws, regulations, policies, and procedures.
Responsibilities/Expectations:
• Use only qualified staff to perform acquisition activities for real property or real property
interests, including donations;
• To avoid a conflict of interest, when the acquisition function prepares an AOS, only
acquires property valued at $10,000 or less;
Exhibit A
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LPA-001
Rev. 1/2023
• Provide and maintain a comprehensive written account of acquisition activities for each
parcel;
• Prepare AOS justification and obtain approval;
• Prepare Administrative Settlement and obtain approval;
• Prepare Right of Way Funding Estimate (when there are federal funds in the ROW
Phase);
• Review title, and recommend and obtain approval for acceptance of encumbrances;
• Ensure acquisition documents are consistent with ROW plans, valuation, and title reports;
• Provide a negotiator disclaimer;
• Maintain a complete, well organized parcel file for each acquisition;
• Coordinate with engineering, program administration, appraisal, relocation, and/or
property management as necessary.
Contract with a Qualified Consultant
Note: Staff included under Acquisition must have completed the eLearning Administrative
Settlement training available at https://wsdot.wa.gov/business-wsdot/support-local-
programs/local-programs-training/right-way-training-education
v. RELOCATION:
Provide relocation assistance to occupants of property considered displaced by a federally funded
projects for the Agency. Ensures relocations are completed in compliance with federal and state
laws, regulations, policies, and procedures.
Responsibilities/Expectations:
• Prepare and obtain approval of relocation plan prior to starting relocation activities;
• Confirm relocation appeal procedure is in place;
• Provide required notices and advisory services;
• Make calculations and provide recommendations for Agency approving authority prior to
making payment;
• Provide and maintain a comprehensive written account of relocation activities for each
parcel;
• Maintain a complete, well organized parcel file for each displacement;
• Ensure occupants and personal property is removed from the ROW;
• Coordinate with engineering, program administration, appraisal, acquisition, and/or
property management as necessary.
Contract with a Qualified Consultant
vi. PROPERTY MANAGEMENT:
Establish property management policies and procedures that will assure control and
administration of ROW, excess lands, and improvements acquired on federal aid projects for the
Agency. Ensures property management activities are completed in compliance with federal and
state laws, regulations, policies, and procedures.
Exhibit A
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LPA-001
Rev. 1/2023
Responsibilities/Expectations:
• Account for use of proceeds from the sale/lease of property acquired with federal funds
on other title 23 eligible activities;
• Keep ROW free of encroachments;
• Obtain WSDOT/FHWA approval for change in access control along interstate;
• Maintain property records;
• Ensure occupants and personal property is removed from the ROW;
• Maintain a complete, well organized property management file;
• Coordinate with engineering, program administration, appraisal, acquisition, and/or
property management as necessary.
Garren Melton, Public Works Manager
b. Any functions for which the Agency does not have qualified staff, the Agency will contract with
another local agency with approved procedures, a qualified consultant, or the WSDOT. An Agency
that proposes to use qualified consultants for any of the above functions will need to work closely with
their ROW Local Agency Coordinator (LAC) and Local Programs to ensure all requirements are met.
When the Agency proposes to have staff approved to negotiate who have limited experience in
negotiation for FHWA funded projects, the LAC must be given an opportunity to review all offers and
supporting data prior to offers being made to the property owners.
c. The Agency’s Administrative Settlement Procedures indicating the approval authorities and the
procedures involved in making administrative settlement needs to be included with these procedures
(see Exhibit A).
d. An Agency wishing to take advantage of the AOS process, properties valued up to $25,000 or less,
need to complete Exhibit B of these procedures.
2. All projects shall be available for review by the FHWA and WSDOT at any time and all project
documents shall be retained and available for inspection during the plan development, ROW, construction
stages, and for a three-year period following acceptance of the projects by WSDOT.
3. Approval of the Agency’s procedures by WSDOT Local Programs may be rescinded at any time the
Agency is found to no longer have qualified staff or is found to be in non-compliance with the regulations.
The rescission may be applied to all or part of the functions approved.
Jerrilea Crawford, Mayor Date
Washington State Department of Transportation
Approved By:
Local Programs Right of Way Manager Date
Exhibit A
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LPA-001
Rev. 1/2023
EXHIBIT A
Agency’s Administrative Settlement Policy
The process for which all Administrative Settlements are approved for the City of East Wenatchee is that
settlements up to $50,000 may be approved by the Mayor. The approving authority for all other Administrative
Settlements is City Council.
Jerrilea Crawford, Mayor Date
Washington State Department of Transportation
Approved By:
Local Programs Right of Way Manager Date
Exhibit A
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LPA-001
Rev. 1/2023
EXHIBIT B
Waiver of Appraisal
Agency’s Administrative Offer Summary (AOS)
The City of East Wenatchee , hereinafter (Agency), desiring to acquire Real Property according to 23 CFR, Part
635, Subpart C and State directives, and desiring to take advantage of the $25,000.00 appraisal waiver process
approved by the Federal Highway Administration (FHWA) for Washington State, hereby agrees to follow the
procedure approved for the Washington State Department of Transportation (WSDOT) as follows:
Rules
A. The Agency may elect to waive the requirement for an appraisal if the acquisition is simple and
the compensation estimate indicated on the ROW Funding Estimate is $25,000.00 or less
including cost-to cure items.
B. The Agency must make the property owner(s) aware that an appraisal has not been completed on
the property for offers $10,000 or less.
C. The Agency must make the property owner(s) aware that an appraisal has not been completed on
the property for offers over $10,000 and up to $25,000, and that an appraisal will be prepared if
requested by the property owner(s).
D. Special care should be taken in the preparation of the AOS as no review is mandated, the
preparer needs to assure that the compensation is fair and that all the calculations are correct.
Procedures
A. An AOS is prepared using comparable sales found at the time of preparation.
B. The AOS is approved by the Agency staff listed under Program Administration within these
Right of Way Procedures, or by the Mayor of East Wenatchee. Upon signature a first offer to the
property owner(s) is authorized.
Minimum Payment Policy: The lowest amount that the City shall offer for acquisitions is $250.00.
Jerrilea Crawford, Mayor Date
Washington State Department of Transportation
Approved By:
Local Programs Right of Way Manager Date
Exhibit A
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Page 64 of 122
RESUME
Garren Melton
Education: BS Chemical Engineering
University of California San Diego
San Diego, CA
Relevant Right of Way Chelan County
Work Experience: Chelan County Assessor’s Office
Abstractor/GIS Technician
2017-2019
City of East Wenatchee
Public Works Department
Natural Resource Specialist
2019-2021
City of East Wenatchee
Public Works Department
Public Works Manager
2021-Present
Right of Way Training
and Experience: Completed WSDOT No ROW Verification eLearning Training
Completed all ROW Related FHWA Federal Aid Essentials Training
Videos
Successfully passed WSDOT’s Administrative Settlement
Documentation training course
Responsible for compliance with the WSDOT Local Agency Guidelines
(LAG) Manual for all elements of right of way acquisitions.
Responsible for the oversite of right of way agents and consultants for all
elements of right of way acquisitions for the City of East Wenatchee.
Exhibit A
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Page 65 of 122
East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Resolution 2023-25: Department of Ecology Grant Agreement for the 19th
Street NW & NW Cascade Ave Improvements Project– City Project Number
2019-02
Date: April 18, 2023
I. Summary Title:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
execute a Grant Agreement with the Department of Ecology for the 19th Street NW &
NW Cascade Ave Improvements project.
II. Background/History:
On June 10, 2014, City Council approved the purchase of WSDOT surplus property
at the corner of 19th Street NW and NW Cascade Ave to accommodate a future
stormwater facility. The cost of the property purchase was $150,000 and was
reimbursed by the Greater East Wenatchee Stormwater Utility. The City was initially
awarded $250,000 by the Department of Ecology for the design of a regional
stormwater facility at the abovementioned location, and for roadway improvements
on 19th St NW and NW Cascade Ave.
The City has now completed a 60% design for the project and has received an
additional $2,218,288 grant from Ecology to finalize the design and construct the
stormwater improvements. The City has also partnered with Douglas County, the
East Wenatchee Water District, and the Douglas County PUD to incorporate various
improvements into this project.
In addition to the Grant from Ecology, the City has also received a $2,000,000
construction Grant from the Transportation Improvement Board. The project is
currently projecting to begin construction in the Fall, with completion expected in
Spring 2024.
III. Recommended Action:
Approve Resolution 2023-25 authorizing the Mayor to execute the Grant Agreement
with the Department of Ecology for the 19th Street NW and NW Cascade Ave
improvements project.
City of
04-18-2023 City Council Agenda Packet
Page 66 of 122
IV. Exhibits:
1. Resolution 2023-25
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
$2,609,750* $4,812,635 Yes
*Expenditure required to receive the full grant amount from Department of Ecology.
Overall project budget is consistent with the City’s current budget.
04-18-2023 City Council Agenda Packet
Page 67 of 122
City of East Wenatchee Resolution 2023-25 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2023-25
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute a Grant Agreement with the Department of
Ecology for the 19th Street NW & NW Cascade Ave 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 t he City Clerk at
alternateformat@eastwenatchee wa.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
grant agreement that conforms to the terms 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.
Exhibit A
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Page 68 of 122
City of East Wenatchee Resolution 2023-25 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 2 of 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 Lewis, Assistant City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Effective Date: __________
Exhibit A
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Page 69 of 122
Agreement WQC-2023-Ewena-00167
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
EAST WENATCHEE, CITY OF
This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, hereinafter
referred to as “ECOLOGY” and the City of East Wenatchee, hereinafter referred to as the "RECIPIENT" to carry out with
the provided funds, the activities described herein.
GENERAL INFORMATION
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Total Cost: $4,165,016.00
Total Eligible Cost: $2,609,750.00
Ecology Share: $2,218,288.00
Recipient Share: $391,462.00
The Effective Date of this Agreement is: 07/01/2022
The Expiration Date of this Agreement is no later than: 03/31/2025
Project Type: Stormwater Facility
Project Short Description: (500-character limit, includes spaces)
This project will improve water quality in the Columbia River through installation of hydrodynamic separators (HDS) and
a biofiltration swale at the intersection of 19th Street NW and Cascade Avenue in East Wenatchee, WA. This project will
provide treatment for total suspended solids (TSS) and will reduce dissolved copper, dissolved zinc, and total
phosphorus. The project will also reduce flows to the Columbia River by increasing stormwater infiltration.
Project Long Description: (4,000-character limit, includes spaces)
This project will provide treatment of stormwater runoff before it discharges to the Columbia River. The Columbia River
is under a Total Maximum Daily Load (TMDL) for total dissolved gas and temperature and is a freshwater environment
designated for primary contact recreation and salmonid spawning, rearing, and migration.
Exhibit A
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Page 70 of 122
Agreement No: WQC-2023-Ewena-00167 Page 2 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
This project is the initial phase of an overall larger stormwater plan by the City of East Wenatchee, in partnership with
Douglas County, to treat stormwater bound for the Columbia River. Eventual full build-out of the overall plan for this
area involves a contributing basin of approximately 23-acres. This project will address a contributing area of
approximately 5.6-acres located between Sunset Highway and NW Cascade Avenue, and approximately 1000-feet of NW
Cascade Avenue. The zoning of the area includes Low and Medium Residential, Office High Residential and Waterfront
Mixed Use. The existing conditions of the roadways are impervious compacted gravel shoulders without defined
stormwater conveyance, treatment, or flow control.
The RECIPIENT achieved an ECOLOGY accepted design report under agreement WQSWPC -2016-Ewena-00039. With this
project, the RECIPIENT will complete the 90% design and construct defined stormwater conveyance features on both
sides of the roadways to include new curb and gutter, catch basins, and piping that lead to the intersection of 19th Street
NW and NW Cascade Avenue. At this location, the RECIPIENT will construct a low impact development (LID) regional
stormwater treatment facility. The RECIPIENT will construct the LID facility as a treatment train that includes a HDS for
pretreatment, a bio-filtration swale to treat TSS and reduce dissolved copper, dissolved zinc, and total phosphorus, and
a bio-infiltration pond. The LID facility will have pipe extending to the Columbia River for conveyance of runoff beyond
runoff treatment events.
In addition to increased water quality benefits, the location of the regional facility provides a unique opportunity for
education and outreach about stormwater treatment and the green/LID techniques utilized in this project. The recipient
will to display this educational information at a location within the regional facility area.
Overall Goal: (1,000-character limit, includes spaces)
This project will help protect and restore water quality in Washington state by reducing stormwater impacts from
existing infrastructure and development.
Exhibit A
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Page 71 of 122
Agreement No: WQC-2023-Ewena-00167 Page 3 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
RECIPIENT INFORMATION
Organization Name: East Wenatchee, City of
Mailing Address: 217 9th St NE
East Wenatchee, WA 98802
Physical Address: 217 9th St NE
East Wenatchee, WA 98802
Organization Email: gmelton@eastwenatcheewa.gov
Contacts
Project Manager Garren Melton
Public Works Manager
271 9th St NE
East Wenatchee, Washington
98802
gmelton@eastwenatcheewa.gov
(509) 884-8126
Authorized
Signatory
Jerrilea Crawford
Mayor
271 9th St NE
East Wenatchee, WA
98802
jcrawford@eastwenatcheewa.gov
(509) 884-1829
(509) 884-6233
Billing Contact Josh DeLay
Finance Director
271 9th St NE
East Wenatchee, WA
98802
jdelay@eastwenatcheewa.gov
(509) 886-4507
(509) 884-6233
Exhibit A
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Page 72 of 122
Agreement No: WQC-2023-Ewena-00167 Page 4 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Department of Ecology
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Project
Manager
Traci Gefre
Municipal Stormwater Grant Project Specialist
1250 W Alder Street
Union Gap, WA
98803
traci.gefre@ecy.wa.gov
(509) 731-0513
Financial
Manager
Xavier Gilbert
Financial Specialist
PO BOX 47600
Olympia, WA 98504-7600
xavier.gilbert@ecy.wa.gov
(564) 669-1942
Technical
Advisor
Mark Melton, P.E.
Senior Stormwater Engineer
PO BOX 47600
Olympia, WA 98504-7600
mark.melton@ecy.wa.gov
360-701-5580
Exhibit A
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Page 73 of 122
Agreement No: WQC-2023-Ewena-00167 Page 5 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all
things necessary for or incidental to the performance of work as set forth in the Scope of Work.
RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement.
Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement,
Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes,
rules, regulations, and guidelines mentioned in this agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings
or representations other than as set forth, or incorporated by reference, herein.
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement.
Washington State Department of Ecology East Wenatchee, City of
_________________________________ _______________________________
Vincent McGowan Date Jerrilea Crawford Date
Water Quality Mayor
Program Manager
Exhibit A
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Page 74 of 122
Agreement No: WQC-2023-Ewena-00167 Page 6 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 1 Task Cost: $15,000.00
Task Title: Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of
Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to
use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and
management of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable
procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for,
receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project;
and submittal of required performance items. This documentation shall be made available to ECOLOGY upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to-date staff contact
information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report,
and two-page Outcome Summary Report.
* Properly maintained project documentation.
Grant and Loan Administration Deliverables
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form).
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 7 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 2 Task Cost: $6,000.00
Task Title: Cultural and Environmental Review, and Permitting
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A. The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review. Property
acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for
potential affects to cultural resources.
The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work. Examples of work may
include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done
prior to written notice to proceed shall not be eligible for reimbursement.
To initiate cultural resources review:
1. The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template.
Any supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP)
Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template
may be found on the ECOLOGY website.
2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template.
The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to
and while working on-site. The IDP template may be found on the ECOLOGY website.
B. The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review
and notify the ECOLOGY project manager when the official comment period begins. The RECIPIENT will also upload
the final SEPA determination.
C. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal,
and federal permits, licenses, easements, or property rights necessary for the project.
Task Goal Statement:
The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner.
Task Expected Outcome:
The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental
Policy Act, and all other applicable federal, state, and local laws, and regulations.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 8 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
Cultural and Environmental Review, and Permitting Deliverables
Number Description Due Date
2.1 ECOLOGY Cultural Resources Review Form. Email the form and any
supplemental cultural resources documentation directly to the ECOLOGY
Project Manager. DO NOT upload the cultural resources form or
documentation to EAGL.
2.2 Inadvertent Discovery Plan (IDP). Email the form directly to the ECOLOGY
Project Manager for review. Upload to EAGL once review is complete.
2.3 SEPA Checklist. Upload the checklist, or other documentation for projects
considered exempt from SEPA review, to EAGL and notify ECOLOGY when
official comment period begins.
2.4 Final SEPA Determination. Upload to EAGL and notify ECOLOGY when upload is
complete.
2.5 List of permits acquired. Upload to EAGL and notify ECOLOGY when upload is
complete.
2.6 Landowner agreement (LOA) and easement document related to tree removal
and associated work. Upload to EAGL and notify ECOLOGY when upload is
complete.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 9 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 3 Task Cost: $85,500.00
Task Title: Design Plans and Specifications
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Deliverables for
Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance with the Stormwater
Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or
equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in
writing by ECOLOGY to be eligible for reimbursement.
The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to
11x17 inches in size and ensure they are legible.
A. The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance. Allow 45 calendar days for
ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report
Acceptance Letter prior to proceeding to 90 Percent Design.
B. The RECIPIENT will submit a 90 Percent Design Package to ECOLOGY for review and acceptance. At a minimum,
this package must include 90 percent plans, specifications, engineer’s opinion of cost including a schedule of
eligible costs, and project construction schedule. The current required bid inserts and specifications may be
found on the Ecology website. Allow 45 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT mus t receive an Ecology 90 Percent
Design Acceptance Letter prior to proceeding to Final Bid Package.
C. The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed
design using the methods outlined in the Design Deliverables Document.
D. The RECIPIENT will submit a preliminary GIS compatible project area as a shapefile, geodatabase file, or ECOLOGY-
approved equivalent. The project area should include polygon features for stormwater facilities and contributing
areas.
E. The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the
project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule
of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid Package
Acceptance Letter prior to advertising the project.
Task Goal Statement:
The RECIPIENT will complete all design tasks and respond to ECOLOGY comm ents in a timely manner.
Exhibit A
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Page 78 of 122
Agreement No: WQC-2023-Ewena-00167 Page 10 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
Task Expected Outcome:
The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other
applicable federal, state, and local laws, and regulations.
Design Plans and Specifications Deliverables
Number Description Due Date
3.1 Contract documents (if contracting out for design). Upload to EAGL and notify
ECOLOGY when upload is complete.
3.2 Design Report. Upload to EAGL and notify ECOLOGY when upload is complete.
3.3 Responses to ECOLOGY Design Report comments. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.4 ECOLOGY Design Report Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.5 90 Percent Design Package. Upload to EAGL and notify ECOLOGY when
complete.
3.6 Responses to ECOLOGY 90 Percent Design Package comments. Upload to EAGL
and notify ECOLOGY when upload is complete.
3.7 ECOLOGY 90 Percent Design Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.8 Preliminary equivalent new/redevelopment area determination. Upload to
EAGL and notify ECOLOGY when upload is complete.
3.9 Preliminary project area shapefile, geodatabase file, or ECOLOGY-approved
equivalent. Upload to EAGL and notify ECOLOGY when upload is complete.
Upload ECOLOGY acceptance documentation.
3.10 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is
complete.
3.11 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and
notify ECOLOGY when upload is complete.
3.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.13 Bid documents (e.g. bid announcement, bid tabulations, and bid award).
Upload to EAGL and notify ECOLOGY when upload is complete.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 11 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 4 Task Cost: $183,940.00
Task Title: Construction Management
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A. The RECIPIENT will provide construction oversight and management of the project.
B. The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and
acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and
competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document
available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review.
C. The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend.
D. The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur.
E. Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY-
accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible
activities prior to implementation. Allow 10 calendar days for ECOLOGY review.
Task Goal Statement:
The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide
ECOLOGY with all requested project documentation.
Task Expected Outcome:
The project will be constructed on schedule and in accordance with accepted plans.
Construction Management Deliverables
Number Description Due Date
4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY
when upload is complete. Upload ECOLOGY acceptance documentation.
4.2 Pre-Construction Conference Meeting Minutes. Upload to EAGL and notify
ECOLOGY when upload is complete.
4.3 Project Schedule. Submit prior to construction and when changes occur.
Upload to EAGL and notify ECOLOGY when upload is complete.
4.4 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is
complete. Upload ECOLOGY acceptance documentation.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 12 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 5 Task Cost: $2,310,010.00
Task Title: Construction
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A. The RECIPIENT will complete construction of the project in accordance with ECOLOGY-accepted plans and
specifications. The construction project will include installation of HDS for pretreatment, a bio-filtration swale to
treat TSS and reduce dissolved copper, dissolved zinc, and total phosphorus, and a bio-infiltration pond to mitigate
runoff from approximately 5.6-acres of pollution-generating impervious surfaces.
B. Stormwater Construction Completion Form signed by a professional engineer indicating that the project was
completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project
Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the
ECOLOGY website.
Task Goal Statement:
Construction of the project in accordance with ECOLOGY-accepted plans and specifications.
Task Expected Outcome:
Constructed project will provide water quality benefits including reductions in TSS, dissolved copper, dissolved zinc, and
total phosphorus.
Construction Deliverables
Number Description Due Date
5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY
when upload is complete.
5.2 Stormwater Construction Completion Form. Upload to EAGL and notify
ECOLOGY when upload is complete.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 13 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 6 Task Cost: $9,300.00
Task Title: Project Close Out
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. The RECIPIENT will
develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding
to ECOLOGY for review. The O&M plan must address long-term activities to assure ongoing pollutant removal and
flow-control capability of the project in accordance with the design manual. O&M plan development guidance is
located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for
ECOLOGY review.
B. The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit
project(s) using the methods outlined in the Design Deliverables Document.
C. The RECIPIENT will submit the final GIS compatible project area in shapefile, geodatabase file, or ECOLOGY-approved
equivalent. The project area should include polygon features for stormwater facilities and contributing areas.
D. The RECIPIENT will submit the Recipient Closeout Report (RCOR) in EAGL in accordance with Task 1.
E. The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template.
Task Goal Statement:
The RECIPIENT will complete all close out submittals in a timely manner.
Task Expected Outcome:
* Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Two -
page Outcome Summary Report.
* Proper maintenance of the constructed facility to maintain water quality benefits.
Project Closeout Deliverables
Number Description Due Date
6.1 Facility Operation and Maintenance Plan. Upload to EAGL and notify ECOLOGY
when upload is complete. Upload ECOLOGY acceptance documentation.
6.2 Final, as constructed, equivalent new/redevelopment area determination.
Upload to EAGL and notify ECOLOGY when upload is complete.
6.3 Final, as constructed, project area shapefile, geodatabase file, or ECOLOGY-
approved equivalent. Upload to EAGL and notify ECOLOGY when upload is
complete. Upload ECOLOGY acceptance documentation.
6.4 Outcomes Summary. Upload to EAGL and notify ECOLOGY when upload is
complete.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 14 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
BUDGET (EAGL WILL GENERATE THIS SECTION BASED ON PROJECT TYPE/PARAMETERS, ETC . IT MIGHT BE HELPFUL FOR
THE RECIPIENT TO USE THE BUDGET TABLE TO PLAN OUT THEIR BUDGET).
Funding Distribution
Funding Title: SFAP
Funding Type: Grant
Funding Effective Date: 7/1/2022
Funding Expiration Date: 3/31/2025
Funding Source: State – Stormwater Financial Assistance Program
Recipient Match %: 15%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
Indirect Rate: 0%
Supporting documentation must be uploaded to EAGL.
Rate will be indicated in your agreement.
Stormwater Financial Assistance Program Task Total Recipient Amount ECY Amount
1. Grant and Loan Administration $15,000.00 $2,250.00 $12,750.00
2. Cultural, Environmental Review, and Permitting $6,000.00 $900.00 $5,100.00
3. Design Plans and Specifications $85,500.00 $12,825.00 $72,675.00
4. Construction Management $183,940.00 $27,591.00 $156,349.00
5. Construction $2,310,010.00 $346,501.50 $1,963,508.50
6. Project Close Out $9,300.00 $1,395.00 $7,905.00
Total $2,609,750.50 $391,462.50 $2,218,288.00
Funding Distribution Name Recipient Match Recipient Share Ecology Share Total
SFAP 15% $391,462.59 $2,218,288.00 $2,609,750.59
Total $391,462.59 $2,218,288.00 $2,609,750.59
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 15 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC,
to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in
an Administrative Charge Account.
“Administrative Requirements” means the effective edition of ECOLOGY's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus
all principal due on such bonds or loans in such year.
“Average Annual Debt Service” means, at the time of calculation, the sum of the Annual Debt Service for the remaining
years of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These
interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights,
leases, and mineral rights.
“Centennial Clean Water Program” means the state program funded from various state sources.
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of
the project.
“Cost Effective Analysis” means a comparison of the relative cost-efficiencies of two or more potential ways of solving a
water quality problem as described in Chapter 173-98-730 WAC.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments
and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred.
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge.
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT.
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
“Equivalency” means projects designated by ECOLOGY to meet additional federal requirements.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 16 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
through such time as the loan is officially closed out and a final loan repayment schedule is issued.
“Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final
Loan Amount.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower.
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIEN T secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property
within the boundaries of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and
operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility
Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of
bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund
created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan
Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of
paying a rebate to the United States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the
loan begins to operate for its intended purpose.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount, as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the
loan.
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan.
“Loan Term” means the repayment period of the loan.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 17 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility
to be operated and maintained in good repair, working order, and condition including payments to other parties, but
will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents.
“Principal and Interest Account” means, for a loan that constitutes Revenue-Secured Debt, the account created in the
loan fund to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully
completed. This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one
not a general obligation of the RECIPIENT.
“Reserve Account” means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the
principal of and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors
associated to a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project.
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or
issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior
and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund
established by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement.
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been
determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 18 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
“Total Project Cost” means the sum of all costs associated with a water quality project, including costs that are not
eligible for ECOLOGY grant or loan funding.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of
additions to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID. Such assessments are pledged to be paid
into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the
Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL
ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available
on ECOLOGY’s Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of
Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services,” have been, or shall be, met in procuring
qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the
final architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition
project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and
the type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with
funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of
Washington) shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to
ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real
property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below).
The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real
property lies, and to provide a copy of the recorded document to ECOLOGY.
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect,
and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when
acquiring real property rights that include the underlying land. This document may also be applicable for those
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 19 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain
ECOLOGY approval on the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be
incorporated by reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of
Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document.
Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language
prior to executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the
terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of
Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in
subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the
RECIPIENT agrees to provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed
acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and
federal laws, and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as
set forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employ ees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys'
fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or
threatened release of, hazardous substances on the property the RECIPIENT is acquiring.
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therei n) or facility acquired,
developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for
which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as
Exhibit A
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Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on
conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by
applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified
by the lease, easement, deed, or landowner agreement.
C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may
be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial
Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website.
D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment
reimbursement. Washington State’s Department of Enterprise Services (DES) issues all payments. DES maintains a
central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the
registration process online at:
http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process
allows the RECIPIENT to sign up for direct deposit payments, al so known as electronic fund transfers (EFT). If the
RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee
Help Desk at (360) 407-8180or payeehelpdesk@watech.wa.gov.
E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology
approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase.
All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project,
must also be reported on the Equipment Purchase Report in EAGL.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section
319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs,
acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects
addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available
from ECOLOGY’s Financial Manager upon request.
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this
change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for
the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation
Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon
request.
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 21 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may
otherwise evaluate the project, as part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this
agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends,
completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make
satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds,
or increase oversight measures.
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall
be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance,
proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by
ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED
PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY:
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
2. “Section 319 Initial Data Reporting” form in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA.
B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall
provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and
follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the
appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language,
RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation
costs for this purpose are allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signag e developed under this
agreement:
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an
assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily
reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or
commercial products constitute endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
Exhibit A
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Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
completed the form. This form is used to gather information on best management practices (BMP s) installed and
associated pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement. In the event a time extension is requested
and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the
expiration date.
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT
Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental
Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in
accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of
Accounting”.
B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-
646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable
regulations and procedures of the federal agency implementing that Act.
C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year
or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST
be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at:
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single
audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additiona l
requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800).
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs
shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure
that their organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current
through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after
the initial registration, and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority, and
Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting
compliance with the following six good faith efforts shall be retained:
Exhibit A
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Recipient Name: East Wenatchee, City of
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs,
this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are
potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes , whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal
closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include
dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation
by Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one
of these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of
the Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request.
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in
the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the
award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to
carry out these requirements is a material breach of this agreement which may result in the termination of this contract
or other legally available remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections.
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII
of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of
1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42
U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law,
regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT
may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time
in which to cure this noncompliance.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 24 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,
engineers, vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this
Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of
contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out
these requirements is a material breach of this Contract which may result in termination of this Contract or other legally
available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote
subcontracts, including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under
this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities
reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program,
including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act,
codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse
needs of users without barriers or diminished function or quality. Systems shall include usability features or functions
that accommodate the needs of persons with disabilities, including those who use assistive technology.
H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of
the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel
National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find
other information about the Act. Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the
procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any
information received from any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY:
1. Financial Capability Assessment Documentation
2. Opinion of RECIPIENT’s Legal Council
3. Authorizing Ordinance or Resolution
4. Federal Funding Accountability and Transparency Act (FFATA) Form
5. CWSRF Federal Reporting Information form available in EAGL
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 25 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or
stormwater facility construction)
7. Cost and Effectiveness Analysis Certification Form
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter
the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no
action which would adversely affect the eligibility of the project as defined by applicable funding program rules and
state statutes, or which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et
seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United
States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and
fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this
requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver
requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project
were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of
RECIPIENT’S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington,
including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The
RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this
agreement shall be signed by ECOLOGY.
D. Equivalency Projects: (For designated equivalency projects only)
1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in
Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-
chap11.pdf).
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website.
F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance
agreements nationwide. The signage guidance can be found at:
http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of
the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily
carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or
participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to
protect it against loss.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 26 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain,
or enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and col lection
of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien
obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obl igation-
secured loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan,
unless terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued
interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear
interest based on the interest rate identified in this agreement as the “Effective Interest Rate,” per annum, calculated on
the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly
based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal
installments, semiannually, over the term of this loan “Loan Term” as outlined in this agreement.
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified
below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute
and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure
the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and
attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law
without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 27 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net
Revenue of any Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall
constitute a lien upon ULID Assessments in the ULID prior and superior to any other c harges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it.
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shal l not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately
upon their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment
shall incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan.
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of
principal and interest on this loan shall be due and payable no later than one year after the project completion date or
initiation of operation date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State
agencies, the payment shall be due on the next business day for Washington State agencies.
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager.
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed
amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement
until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended
agreement.
Exhibit A
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Page 96 of 122
Agreement No: WQC-2023-Ewena-00167 Page 28 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall
be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in
full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those
on defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid pr incipal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan
Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding
principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and
accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office.
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding
obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan
Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such
Maintenance and Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the
sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when
due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged
irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as
the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID
Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded
Utility in good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT”
to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 29 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried
out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI
of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on
projects of a character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests
for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis-Bacon Act, and make such records available for
review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to
maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review
upon request.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the
Department of Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR (If applicable)
- Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients)
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to
the RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and
perform all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all
representations and warranties made in this loan agreement remain true as of the date of the request and that no
adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to
repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the
RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 30 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the
funded Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary,
material, or useful to the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no
more than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to
the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less
the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded
Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue
for that period.
4. Expressed written agreement by the DEPARTMENT.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of
additions to and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the
RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be
submitted to ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system.
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY
or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 31 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation
required of it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to
the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the
“Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when
applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest
(the “Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and
all accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and
interest on the loan immediately due and payable, subject to the prior lien and charge of any outstandi ng Senior Lien
Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations
are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges.
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any
state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the
repayment of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such p roperty.
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of
ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take
any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and
observance of any obligation by the RECIPIENT, under this agreement.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 32 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of
attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff)
shall be awarded to the prevailing party as that term is defi ned in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or
the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments
for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and
implement a user-charge system and shall adopt a system of user-charges to assure that each user of the funded utility
shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life
of the project. The user-charge system will include provisions for a connection charge.
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system
provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for
replacement, and to repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used
to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in
the certification, they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOG Y if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact EC OLOGY
for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” wi thout
modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 33 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors,
are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will
be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of
completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed
agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives
using the FFATA Data Collection Form.
· Receives more than $30,000 in federal funds under this award.
· Receives more than 80 percent of its annual gross revenues from federal funds.
· Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is
required to report the FFATA information for federally funded agreements, including the required Unique Entity
Identifier in www.SAM.gov within 30 days of agreement signature. The FFATA information will be available to the public
at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or
expending loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that
use covered telecommunications equipment, video surveillance services or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment,
systems, or services, including equipment, systems, or services produced or provided by entities identified in section
889, are recorded in the System for Award Management (SAM) exclusion list.
Exhibit A
04-18-2023 City Council Agenda Packet
Page 102 of 122
Agreement No: WQC-2023-Ewena-00167 Page 34 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 6/24/2021 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html )
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management
of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to
request proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed
by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts
and administrative information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to
all products supplied under the Agreement, providing equal access to information technology by individuals with
disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio
content, and electronic documents intended for publishing on Ecology’s public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources,
hereby referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
Exhibit A
04-18-2023 City Council Agenda Packet
Page 103 of 122
Agreement No: WQC-2023-Ewena-00167 Page 35 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be
completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02,
Archaeological and Cultural Resources.
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the
project IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the
project IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
Exhibit A
04-18-2023 City Council Agenda Packet
Page 104 of 122
Agreement No: WQC-2023-Ewena-00167 Page 36 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an
IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email
PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this
Agreement, as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance,
and other reports required by this Agreement. Failure to comply may result in delayed reimbursem ent.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for
the permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT
fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest,
direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this
Agreement or the proceeds thereof.
Exhibit A
04-18-2023 City Council Agenda Packet
Page 105 of 122
Agreement No: WQC-2023-Ewena-00167 Page 37 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may
be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions
as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement
and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
Exhibit A
04-18-2023 City Council Agenda Packet
Page 106 of 122
Agreement No: WQC-2023-Ewena-00167 Page 38 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or
the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-
resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide
copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all
metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement wi ll
continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or
agents of the other party.
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to
give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in
return for award of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women-
owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Exhibit A
04-18-2023 City Council Agenda Packet
Page 107 of 122
Agreement No: WQC-2023-Ewena-00167 Page 39 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by
giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement;
(c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference,
including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program
Guidelines; and (g) General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment
of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
Exhibit A
04-18-2023 City Council Agenda Packet
Page 108 of 122
Agreement No: WQC-2023-Ewena-00167 Page 40 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
20. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not
document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the
end of the quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
authorize others to use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other
data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon
specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for
use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is
lost, stolen, or damaged while in the RECIPIENT's possession,
then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for
the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
Exhibit A
04-18-2023 City Council Agenda Packet
Page 109 of 122
Agreement No: WQC-2023-Ewena-00167 Page 41 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement o f
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates , or abstracts,
and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the
uses intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon
payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which
monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property.
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies
in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this
Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereund er.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
Exhibit A
04-18-2023 City Council Agenda Packet
Page 110 of 122
Agreement No: WQC-2023-Ewena-00167 Page 42 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time
ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with
reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled
paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach
Exhibit A
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Page 111 of 122
Agreement No: WQC-2023-Ewena-00167 Page 43 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or
costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence
work on the project funded within four (4) months after the effective date of this
Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined
within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustain ed by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest
of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance
with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sol e discretion, may elect to terminate the
Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY
may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is
resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a
reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any
amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
Exhibit A
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Agreement No: WQC-2023-Ewena-00167 Page 44 of 44
Project Title: 19th Street NW/Cascade Avenue: Green Retrofit & LID Stormwater Facility
Recipient Name: East Wenatchee, City of
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECI PIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
Exhibit A
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East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Resolution 2023-26: RH2 Task Authorization for design of the 2022-2023 TIB
Complete Streets Projects, Project Number 2022-03.
Date: April 19, 2022
I. Summary Title:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
execute an agreement between the City of East Wenatchee and RH2 Engineering for
design services associated with the 2022-2023 Complete Streets Projects.
II. Background/History:
The City of East Wenatchee received a nomination from the Washington State
Department of Transportation for a Complete Street award from the Transportation
Improvement Board (TIB). These awards are available to agencies that have adopted
a Complete Streets Ordinance. A Complete Street is a street designed to enable safe
use and mobility for all users, such as bikes, pedestrians, persons with disabilities,
and public transit.
The projects selected for funding include:
1. Installing sidewalk on N Grover Ave between 10th St NE & 12th St NE, and
2. Installing signalized pedestrian crossings at 15th St NE & Eastmont Ave, and 15th
St NE & N Baker Ave.
These projects are anticipated to be completed in 2023. The total estimated cost for
these projects in $300,000, which should be covered entirely by the Complete
Streets Grant award.
III. Recommended Action:
Approve Resolution 2023-26 and authorize Mayor Crawford to sign the Task
Authorization with RH2 Engineering for the 2022-2023 Complete Streets Projects.
IV. Exhibits:
1. Resolution 2023-26
City of
04-18-2023 City Council Agenda Packet
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Financial Data
Expenditure Required Amount Budgeted Appropriation Required
$36,000 $300,000 No
04-18-2023 City Council Agenda Packet
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City of East Wenatchee Resolution 2023-26 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. 2023-26
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an agreement between the City of East Wenatchee
and RH2 Engineering for design services associated with the 2022-2023
Complete Streets Projects.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-
9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatchee wa.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.
Exhibit A
04-18-2023 City Council Agenda Packet
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City of East Wenatchee Resolution 2023-26 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:
___________________________
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: __________
Exhibit A
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1
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Task Authorization No.3
City of East Wenatchee
2023 TIB Complete Streets
April 2023
RH2 Project No.0210133.03
In accordance with our Professional Services Agreement for 2021 General Engineering Services,
dated February 16, 2021, this Task Authorization outlines the Scope of Work for the 2023
Transportation Improvement Board (TIB)Complete Streets project. The work will be performed and
invoiced in compliance with the terms and conditions listed in the governing Agreement and any
issued Contract Amendments.
Scope of Work
Task 1 –15th Street Pedestrian Crossings
Objective:Prepare bid plans for a Rectangular Rapid Flashing Beacon (RRFB) sign and design
Americans with Disabilities Act (ADA) ramps at the intersections of 15th Street NE and Eastmont
Avenue and 15th Street NE and N Baker Avenue.
Approach:
Obtain a topographic survey for both intersection locations. The survey will be completed by
Oversite, LLC,as a subconsultant to RH2 Engineering, Inc. (RH2).
Design ADA ramps at the two (2)15th Street NE intersections.Three (3) ramps in total will be
designed.
Prepare 60-percent design level plan view exhibits and an Engineer’s opinion of probable
construction cost (OPCC)for the proposed improvements.Show locations of each of the new
ADA ramps and crosswalk pavement markings.Attend one (1) site visit with City staff to
discuss project improvements.
Prepare 95-percent design level plans. The 95-percent design-level plan set will respond to
City’s 60 -percent review comments and include the following:
Cover sheet and legend sheet.
Summary of quantities sheet.
Plan sheets for the proposed improvements.
Detail sheets.
Traffic control plans.
Prepare 95-percent design level technical specifications and front-end bid documents,
including Washington State Department of Transportation (WSDOT)Amendments and
WSDOT General Special Provisions. Prepare project-specific special provisions to be used for
bidding the proposed improvements.Technical specifications will be based on
WSDOT/American Public Works Association (APWA) format.The City will provide any
City-specific technical provisions,bid documents,and construction contract forms for the
project.
Original Page 1 of 5 Pages
Exhibit A
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City of East Wenatchee Task Authorization No. 3
General Engineering Services 2023 TIB Complete Streets
2
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Prepare the 95-percent OPCC for the proposed improvements.
Perform an internal quality assurance and quality control (QA/QC)review of the 95-percent
design.
Prepare and submit the plans, specifications, and OPCC (PS&E )for City review and approval
at the 95-percent design stage.
Finalize and prepare bid -ready PS&E documents based on City review comments.
Assist the City with bidding the project as a small works package.
Perform project management tasks associated with Task 1, including internal staff
coordination, coordination with City staff and sub-consultant, and monthly reviews of scope,
schedule, and budget.
Assumptions:
RH2 will rely upon the accuracy and completeness of any information, data, and materials
generated or produced by the City or others in relation to this Scope of Work.
Provided by City:
Permit documents, including State Environmental Policy Act (SEPA)Checklist and all City
permits.
Fees associated with permits will be paid for directly by the City.
RH2 Deliverables:
60-percent plan view exhibit and OPCC in electronic PDF.
PS&E at the 95-percent complete level in electronic PDF.
Bid-ready PS&E in electronic PDF.
Task 2 –Grover Street Sidewalk Improvements
Objective:Develop design and provide bidding support for sidewalk improvements along Grover
Avenue between 10th Street NE and 11th Street NE.
Approach:
Obtain a topographic survey along Grover Avenue between 10th Street NE and 11th Street NE.
The survey will be completed by Oversite, LLC,as a subconsultant to RH2.
Design curb, gutter, sidewalk, and ramps as shown in Figure A-1.
Prepare 60-percent design level plan view exhibit and OPCC for the proposed improvements.
Show locations of the new sidewalk utilizing existing aerial imaging.Attend one (1) site visit
with City staff to discuss project improvements.
Prepare 95-percent design level plans. The 95-percent design level plan set will respond to
City’s 60 -percent review comments and include the following:
Cover sheet and legend sheet.
Original Page 2 of 5 Pages
Exhibit A
04-18-2023 City Council Agenda Packet
Page 119 of 122
City of East Wenatchee Task Authorization No. 3
General Engineering Services 2023 TIB Complete Streets
3
3/31/23 3:24 PM J:\data\EW\21-0133\00 Contract\TA 3\TaskAuth No.3_AGMT_2023 TIB Complete Streets.docx
Summary of quantities sheet.
Plan sheets for the proposed improvements utilizing existing aerial imaging.
Detail sheets.
Prepare 95-percent design level technical specifications and front-end bid documents,
including WSDOT Amendments and WSDOT General Special Provisions. Prepare
project-specific special provisions to be used for bidding the proposed improvements.
Technical specifications will be based on WSDOT/APWA format.The City will provide any
City-specific technical provisions,bid documents,and construction contract forms for the
project.
Prepare the 95-percent OPCC for the proposed improvements.
Perform an internal QA/QC review of the 95-percent design.
Prepare and submit the PS&E for City review and approval at the 95-percent design stage.
Finalize and prepare the bid-ready PS&E documents based on City review comments.
Assist the City with bidding the project as a small works package.
Perform project management tasks associated with Task 2, including internal staff
coordination,coordination with City staff and sub-consultant, and monthly review of scope,
schedule, and budget.
Figure A-1
Original Page 3 of 5 Pages
Exhibit A
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City of East Wenatchee Task Authorization No. 3
General Engineering Services 2023 TIB Complete Streets
4
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Assumptions:
Existing arial survey data is sufficient for design.
Provided by City:
Permit documents, including SEPA checklist and all City permits.
Fees associated with permits will be paid for directly by the City.
RH2 Deliverables:
60-percent plan view exhibit and OPCC in electronic PDF.
PS&E at the 95-percent complete level in electronic PDF.
Bid-ready PS&E in electronic PDF.
Project Schedule
RH2 anticipates bid packages can be completed by June 30, 2023.
Subconsultants
Oversite, LLC,for topographic surveying.
Fee for Services
The fee for services shall be on a time and expense basis and shall not exceed $36,000.00 as shown
on attached Exhibit A,Fee Estimate without prior written authorization of City of East Wenatchee.
RH2 Engineering, Inc.City of East Wenatchee
_______________________________________
Signature
_______________________________________
Signature
_______________________________________
Print Name/Title
_______________________________________
Print Name/Title
_______________________________________
Date
_______________________________________
Date
Original Page 4 of 5 Pages
4/3/2023
Paul R. Cross, Executive Vice President
Exhibit A
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Page 121 of 122
EXHIBIT A
Fee Estimate
Task Authorization No. 3
City of East Wenatchee
2023 TIB Complete Streets
Apr-23
Description
Total
Hours
Total Labor Total Subconsultant Total Expense Total Cost
Task 1 15th Street Pedestrian Crossings 59 11,924$ 1,495$ 1,263$ 14,682$
Task 2 Grover Street Sidewalk Improvements 77 15,500$ 4,025$ 1,793$ 21,318$
PROJECT TOTAL 136 27,424$ 5,520$ 3,056$ 36,000$
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Original Page 5 of 5 Pages
Exhibit A
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Page 122 of 122